For some time now, vaping has been dominating news headlines, with reports that a growing number of teenagers and young adults across Australia are doing so illegally.
Illegal vaping is not just a social problem but also a health hazard.
In this guide, we take a look at the legal age to vape without a nicotine prescription in Australia.
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What is Vaping?
In this context, ‘vaping’ refers to the use of e-cigarettes containing nicotine. In Australia, you can only legally vape nicotine with a prescription from a GP.
Nicotine vapes are designed to be used to aid in smoking cessation. Vaping is not intended to be a hobby or a recreational activity.
How Old Do You Have to Be to Vape in Australia?
To get a prescription for a niotine vaping product, you must be older than 18 and have a history of smoking. Your GP needs to determine if you have been unable to quit smoking using traditional methods (patches and gum) and need the assistance of nicotine vaping products to help you in your quit journey.
If you’re not a smoker who is struggling to quit, vaping isn’t for you.
How Old Do You Have to Be to Buy a Vape?
It is illegal for all vaping products to be sold to those under 18, whether they contain nicotine or not.
The RACGP’s smoking cessation guidelines do not recommend NVPs for people under the age of 18, but it is up to the clinical judgement of the GP to decide the best option for the patient.
Parental consent will also be taken into account during the GP’s clinical assessment.
So, if you’re wondering about the legal age to vape without a prescription in Australia, keep in mind that you can’t legally vape nicotine without a prescription at all.
Penalties for Vaping Under the Legal Age in Australia
Across Australia, those found vaping nicotine illegally face hefty fines.
| State | Illegal Act | Penalty |
| Nation-wide | Importation of nicotine vapes, electronic cigarettes or e-liquids | Maximum $222,000 fine (see Section 50 of the Customs Act 1901). |
| NSW | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $2,200 fine and/or 6 months imprisonment (see Section 16). |
| NSW | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $1,650 fine and/or 6 months imprisonment. |
| NSW | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | In the case of an individual, a maximum of an $11,000 fine for a first offence, and a $55,000 fine for a second or subsequent offence. In the case of a business, a $55,000 fine for a first offence, and a $110,000 fine is for a second or subsequent offence. |
| VIC | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $1,817.40 fine. |
| VIC | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $18,174 fine. |
| VIC | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | In the case of an individual, a maximum of a $21,808.80 fine. In the case of a business, a maximum of a $109,044 fine. |
| VIC | Buying nicotine e-cigarettes or e-cigarette accessories for a person under the age of 18 | In the case of an individual, a maximum $3,634.80 fine. In the case of a business, a maximum $18,174 fine. |
| QLD | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $27,570 fine. |
| QLD | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $68,925 fine. |
| QLD | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | Maximum $19,299 fine for a first offence, $38,598 for a second offence, and $57,897 for a third or later offence. |
| ACT | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $32,000 fine and/or 2 years imprisonment. |
| ACT | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $80,000 fine and/or 5 years imprisonment. A maximum $405,000 fine is applicable for a corporation. |
| ACT | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | Maximum $32,000 fine for an individual and a $162,000 fine for a corporation. |
| ACT | Buying nicotine e-cigarettes or e-cigarette accessories for a person under the age of 18 | Maximum $8,000 fine. |
| SA | Buying, selling, using or prescribing nicotine vapes, electronic cigarettes or e-liquid without proper authorisation | Maximum $10,000 fine. |
| SA | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $20,000 fine for a first offence and up to $40,000 for a second and subsequent offence. For an individual vendor, a maximum $5,000 fine. |
| WA | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $45,000 fine. |
| WA | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | In the case of an individual, maximum $10,00 fine for a first offence, and $20,000 fine for a second or subsequent offence. For a corporation, a maximum $40,000 fine for a first offence, and $80,000 for a second or subsequent offence. |
| NT | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $15,700 fine or 12 months imprisonment |
| NT | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $31,400 fine or 2-years imprisonment. |
| NT | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age (or buying on behalf of person/s under 18 years of age) | Maximum $31,400 fine |
| TAS | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $6,850 fine or 2-years imprisonment. |
| TAS | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $2,740 fine. |
| TAS | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | Maximum $20,760 fine for a first offence, a $41,520 fine for a second offence and a $62,280 fine for a third and subsequent offence. |
*Without proper authorisation.
In the ACT, illegal possession of nicotine vapes can lead to fines of up to $32,000 and/or imprisonment for two years. In Tasmania, the penalty stands at $7,850, or a maximum 2-year sentence. Refer to this list to read about the laws pertaining to your state.
It is also important to note that only registered pharmacies can sell nicotine vapes legally. Other retailers doing so, especially those selling to minors, face severe penalties and jail time.
Vape Only to Quit Smoking
Vaping is illegal for those under 18 in Australia. It is also illegal to sell vaping products (with or without nicotine) to anyone younger than 18 years of age.
Vaping nicotine is legal in Australia only with a GP’s prescription. Remember, there is no legal age to vape nicotine in Australia per se, as vaping without a nicotine prescription is illegal.
If you, or someone you know, is struggling with quitting smoking, we’re here to help.
Smokefree Clinic gives you access to many medically reviewed and trustworthy resources that can inform and aid you in your path to wellness, so have a look around!
If you’re ready to get started, Smokefree can connect you to bulk-billing Australian healthcare professionals who excel in helping patients quit smoking for good, including using responsible vaping products where appropriate.
Click here to book your bulk-billed telehealth consultation with an Australian healthcare professional and quit smoking today.
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Australian teenagers are readily accessing illegal vaping products. Here’s how