Vaping FAQs

is vaping illegal in western australia

by Mr. Levi Mueller PhD Published 2 years ago Updated 1 year ago
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Vaping devices It is not illegal to possess or use a vaporiser (without nicotine) in all states and territories of Australia. However, it is illegal to sell a vaporiser in Western Australia.

It is illegal to sell, supply or possess nicotine vaping products (or any liquid that contains nicotine) without a prescription from a doctor, including products imported from overseas. Read more about the laws in WA on the e-cigarettes (electronic cigarettes) page.

Full Answer

Is it illegal to sell e-cigarettes in Western Australia?

In Western Australia, it is illegal to sell, supply or possess an e-cigarette or any liquid that contains nicotine, without a doctor’s prescription. As per section 14 (1) of the Medicines and Poisons Act 2014 (WA), a person commits an offence if they supply nicotine vaping liquid, without authorisation.

What are the laws related to vaping in Western Australia?

What are the laws related to vaping? In Western Australia, provisions that relate specifically to e-cigarettes are contained within the Tobacco Products Control Act 2006 and the Medicines and Poisons Act 2014.

Do you need a prescription to buy a vape in Australia?

From Friday 1 October 2021, all nicotine vaping products – including nicotine e-cigarettes, nicotine pods and liquid nicotine – can only be purchased with a doctor’s prescription. This includes both in Australia and from overseas. 19 This can be done by: importing from overseas websites using the Personal Importation Scheme.

Are e-liquids legal in Australia?

E-liquids can come in thousands of different flavours, such as tobacco, confectionary, fruit and other flavours. It is illegal to sell, supply or possess an e-cigarette or any liquid that contains nicotine in Australia without a doctor’s prescription.

What is an electronic vape?

When was the e-cigarette case?

What is in an e-cigarette?

Can a registered pharmacy prescribe nicotine?

Is it illegal to sell e-cigarettes in Australia?

Do cigar cartridges contain nicotine?

Can an owner use e-cigarettes?

See 4 more

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Is it legal to vape in Perth?

It is illegal to sell, supply or possess an e-cigarette or any liquid that contains nicotine in Australia without a doctor's prescription. Nicotine is a dangerous poison, even in small quantities, and it is strictly regulated in WA under the Medicines and Poisons Act 2014 (external site).

What is the punishment for vaping in Australia?

It is illegal for a person to have a nicotine vaping product in ones' possession, without a prescription, as per section 36. A maximum penalty of a $6,850 fine or 2-years imprisonment is applicable.

What states are vapes illegal Australia?

Possession of a vaping product containing nicotine is illegal and carries penalties and fines in all states and territories with the exception of Tasmania without a valid prescription provided by a doctor.

Is it illegal to have a vape in Australia?

Australian Commonwealth regulation of nicotine As such it is illegal to buy, possess or use nicotine for vaping without a prescription from a doctor. However, nicotine in tobacco and nicotine replacement products are exempt and freely available.

Is vaping legal in Australia 2022?

All vaping products, irrespective of nicotine content, are illegal to sell to under-18s in Australia. Today, disposable vapes containing nicotine can only be legally sold in Australia by pharmacies to adult users with a valid prescription.

Is vaping worse than smoking?

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

Is vaping considered smoking?

Vaping is not smoking, but some people find vaping works to help them quit because it offers experiences similar to smoking a cigarette. Vaping has a similar hand-to-mouth action as smoking, and it can also be social.

Do IGET vapes have nicotine?

The IGET vape is a new type of electronic cigarette that does contain 5% (50mg) of nicotine, which provides the amount of nicotine that smokers need to reduce their intake during the process of quitting. Thus, it gradually reduces the dependence on nicotine and achieves the goal of quitting smoking.

Where are vapes illegal?

Many countries such as Brazil, Singapore, Uruguay, and India have banned e-cigarettes. Canada-wide in 2014, they were technically illegal to sell, as no nicotine-containing e-cigarettes are not regulated by Health Canada, but this is generally unenforced and they are commonly available for sale Canada-wide.

Is vaping indoors illegal?

Is vaping allowed in pubs? Vaping in pubs is not illegal; there are no specific laws or restrictions on vaping indoors. However, the smoking ban of 2007 has made it more difficult for pubs to ensure that their customers aren't breaking the law by smoking inside.

What is the legal age to vape in Australia?

In Australia, you must be 18 to do anything vape-related. If somebody under the age of 18 is caught with a vape then the authorities have every right to seize it from them.

Is it illegal to vape in a car with a child?

“'There are no laws prohibiting vaping – however, you need to be in full and proper control of your vehicle at all times.” Driving with your vision obscured by vapour could leave you open to a charge of driving without due care and attention – and worse should you cause an accident.

Can you vape at 16 in Australia?

Under the NSW Public Health (Tobacco) Act 2008, it is illegal to sell e-cigarettes or e-cigarette accessories to a person under 18 years of age.

What is the fine for vaping in NSW?

$1,650Fines for supplying nicotine NSW Health can prosecute retailers for selling e-cigarette and e-liquid products that contain nicotine. From 1 October 2021 penalties increased. The maximum penalty is $1,650 or 6 months prison, or both.

Is it illegal to vape in a car with a child?

“'There are no laws prohibiting vaping – however, you need to be in full and proper control of your vehicle at all times.” Driving with your vision obscured by vapour could leave you open to a charge of driving without due care and attention – and worse should you cause an accident.

Is vaping legal for under 18?

Prohibits the sale of vaping products including non-nicotine vape liquid and toy vaping products to anyone under the age of 18 years. Prohibits the supply of vaping products directly or indirectly to anyone under the age of 18 years.

Laws on smoking - Department of Health

The Western Australian em>Tobacco Products Control Act 2006 (external site) aims to reduce the instance of illness and deaths caused by tobacco use by: Prohibiting the sale and supply of tobacco products to young people. Discouraging the use of tobacco products. Restricting the promotion of tobacco products.

Electronic cigarettes (e-cigarettes)

Electronic cigarettes (e-cigarettes) Electronic cigarettes (e-cigarettes) are battery-operated devices that heat a liquid that emits an aerosol which is inhaled through a mouthpiece, and then exhaled by the user as a fine-particulate smoke.

Vaping - Frequently asked questions | Department of Mines, Industry ...

This page contains frequently asked questions about vaping. Is vaping hazardous? Yes, vaping can be hazardous. The nature of the hazard will depend upon factors such as the liquid used in the e-cigarette and the health status of the individual.

How many teenagers in Australia have tried e-cigarettes?

Adolescents (12-17 years of age) In Australia, around 14% of 12 to 17-year-olds have ever tried an e-cigarette, with around 32% of these students having used one in the past month. 17. Students who had vaped most commonly reported getting the last e-cigarette they had used from friends (63%), siblings (8%) or parents (7%).

How many people use e-cigarettes daily?

Of those who had tried e-cigarettes, 18% used them at least monthly compared to 10% in 2016, and 9% used them daily compared to 6% in 2016. 16

What are Australian health organisations saying?

Several key Australian health organisations, such as the Australian Medical Association (AMA), Cancer Council Australia and the Australian Council on Smoking and Health (ACOSH) have published positions on e-cigarettes, sharing the following messages:

Can you vape in Australia?

Nicotine vaping products can only be legally used by the person named on the prescription; they cannot be legally supplied to friends or family members in Australia or overse as. 19 See here for further information.

Is there evidence to promote the use of e-cigarettes for smoking cessation?

There is insufficient evidence to promote the use of e-cigarettes for smoking cessation. There is increasing evidence of health harms. E-cigarettes may normalise the act of smoking and attract young people. E-cigarettes should be more properly regulated. 18.

Do e-cigarettes smoke?

Those using e-cigarettes are three times more likely to smoke combustible tobacco than those who have not used e-cigarettes.15

Is vaping legal in Australia?

The legal status of vaping in Australia. It is illegal for individuals to sell or purchase e-liquids that contain nico tine in any form in Australia. A person may still access an e-liquid that contains nicotine via a special import arrangement, however only if it has been prescribed by a doctor. 19 Further information.

What is an offence under the Tobacco Products Control Act 2006?

It is an offence under the Tobacco Products Control Act 2006 to sell products that resemble tobacco products ( whether they contain nicotine or not).

How many people died from e-cigarettes in 2019?

In 2019, there were 2290 cases of lung injury associated with e-cigarette use reported in the USA including 47 deaths ( Centre for Disease Control and Prevention ).

Should employers consult employees about workplace safety and health issues including the use of e-cigarettes?

Employers should consult employees about workplace safety and health issues including the use of e-cigarettes. A similar management approach to that used for smoking may be appropriate, involving a workplace policy, and vaping only in designated outdoor areas. Last modified: Friday, February 14, 2020 - 08:47.

Does the Occupational Safety and Health Regulations 1996 address smoking in enclosed workplaces?

The Occupational Safety and Health Regulations 1996 address smoking in enclosed workplaces but do not address the use of e-cigarettes in workplaces.

Is e-cigarette smoke dangerous?

Nicotine is a dangerous poison.

Is nicotine poisonous?

Nicotine is a dangerous poison. Liquid nicotine refills for e-cigarettes can be dangerous to children, who may be attracted to the packaging or flavouring. Accidental ingestion of 1 tablespoon of these liquids could be fatal. Call triple zero if someone may have been poisoned.

What is the best way to quit smoking in Australia?

There are many smoking cessation products available in Australia which have been approved by the TGA as safe and effective methods to help you quit smoking. These include nicotine replacement therapies (NRT) such as nicotine patches, gum, lozenges and mouth sprays which are available from supermarkets and chemists.

What is an electronic cigarette?

Electronic cigarettes (e-cigarettes) Electronic cigarettes (e-cigarettes) are battery-powered devices. They heat a cartridge containing liquid chemicals and flavouring into a mist, which is inhaled through a mouthpiece and exhaled as a visible vapour. (Cartridges may not contain nicotine)

What are the dangers of e-cigarettes?

Some of the hazardous substances found in e-cigarette liquids and in the aerosol produced by e-cigarettes are known to cause damage to human cells and DNA and may lead to cancer.

Can you use nicotine pods in Australia?

The Australian Therapeutic Goods Administration (TGA) has announced changes to be operational from 1 October 2021 to the national laws regulating imports of nicotine products (including nicotine e-cigarettes, nicotine pods and liquid nicotine) that have not been approved for use in Australia. Nicotine products can only be prescribed by a registered medical practitioner (or other authorised prescriber) and may only be dispensed by a registered pharmacy. An e-cigarette device designed and intended for delivery of nicotine may be supplied by a registered pharmacy, for use with prescribed nicotine products, as part of a medically supervised smoking cessation program.

Can e-cigarettes cause harm?

Similar to second-hand smoke from a cigarette, the particles within the aerosol exhaled from an e-cigarette can be breathed in by others (second-hand vapours) and may cause harm to their health.

Is TGA testing e-cigarettes?

The Australian Therapeutic Goods Administration (TGA) (external site) has not tested the safety of e-cigarettes or e-liquids.

Do e-cigarettes contain nicotine?

There is little information available about the safety of e-cigarettes, whether or not they contain nicotine, and nothing on the effects of long-term use. All e-cigarettes are imported, and in many cases they are manufactured in an unregulated environment without quality control over design, content or consumer information.

When will vaping be required in Australia?

The Australian Therapeutic Goods Administration has recently (21 December 2020) confirmed that from 1 October 2021 smokers who have tried quitting with other approved cessation pharmacotherapies will be required to obtain a prescription for nicotine-containing vaporiser products from a registered medical practitioner. The results of this study suggest further consideration of regulatory measures are however required to support the different characteristics of vapers and to mitigate the health and safety concerns experienced by e-cigarette users.

When will vaporizers be available in Australia?

The Australian Therapeutic Goods Administration has recently (21 December 2020) confirmed that from 1 October 2021 smokers who have tried quitting with other approved cessation pharmacotherapies will be required to obtain a prescription for nicotine-containing vaporiser products from a registered medical practitioner.

How many retailers are affected by the e-cigarette epidemic?

FDA takes new steps to address epidemic of youth e-cigarette use, including a historic action against more than 1,300 retailers and 5 major manufacturers for their roles perpetuating youth accessk [Press release] US Department of Health and Human Services, Silver Springs, United States ( 2018) Google Scholar.

What is an e-cigarette?

Electronic cigarettes (also referred to as e-cigarettes, personal vaporisers and vapes) have generated intense debate amongst the public health community who are perceived to champion opposing opinions on the health and population-level effects of these products ( Fairchild, Bayer, & Lee, 2019 ). However, in reality, it is likely that relatively few of the public health community categorise themselves within either of these two polarised stances and rather acknowledge the overlapping views of e-cigarette harm prevention and cigarette harm reduction ( Carroll et al., 2020 ). Those who oppose relaxed regulation of e-cigarettes are concerned by the potential adverse effects on users, particularly non-smokers and youth who would otherwise not smoke or use nicotine-containing products ( Bunnell et al., 2015 ); and the prospect of sustained e-cigarette use amongst ‘dual users’ ( Miller, Smith, & Goniewicz, 2020 ). Conversely, e-cigarette advocates emphasise the potential benefits of smokers who are unable or unwilling to quit smoking switching to a ‘reduced risk’ product ( Hajek, Etter, Benowitz, Eissenberg, & McRobbie, 2014 ).

How many GCCSA regions are there in Australia?

There are 16 GCCSA regions within Australia, which provide a stable and consistent boundary that reflects the functional extent of each of Australia's capital cities and includes people who regularly work, shop and socialise within the city, but live in surrounding areas ( Australian Bureau of Statistics, 2012 ).

What is the online vaping community?

Participants utlised the online vaping community, which constituted an international network of vapers with varying levels fo technical ability and expertise, to discuss personal experiences, acquire relevant skills, information on health and safety, the meaning of vaping specific language and jargon, and troubleshooting techniques. #N#“ [Being involved in the online vaping community is] more so for my own personal research and helping people out if they need the help or if I need the help. It's just a very quick avenue to post something and someone can respond because there's people from Australia or the UK or America.” Dylan (21)

How did vape retailers circumvent the e-cigarette restrictions?

Vape retailers were said to be circumventing Western Australia's e-cigarette restrictions by selling the components of ‘open system’ devices that do not resemble a tobacco product when sold individually. Participants were unsure of the legality of importing, accessing and using nicotine and e-cigarettes, however, the majority continued to use nicotine-containing vaporisers and implemented strategies in an attempt to avoid detection and safeguard their health. The internet facilitated access to desired products, information on health and safety, and discussions of personal experiences.

What is an electronic vape?

Electronic cigarettes (or e-cigarettes – also known as 'vapes') are battery-powered devices which heat a liquid containing chemicals and flavouring into an aerosol which is inhaled through a mouthpiece, and then exhaled by the user as a fine particulate smoke.

When was the e-cigarette case?

In a Western Australian Supreme Court decision on 10 April 2014 e-cigarettes were found to resemble a tobacco product and the seller of these e-cigarettes was convicted of this offence.

What is in an e-cigarette?

E-cigarettes can contain water, flavours, solvents and nicotine. Chemicals found in e-cigarettes, e-liquids, and the aerosol smoke or “vapour” that they generate include: very fine particles; heavy metals such as nickel, tin and lead; volatile organic compounds such as benzene, which is found in car exhaust; and poly-cyclic aromatic hydrocarbons such as naphthalene, found in mothballs. All of these are known to be toxic, including chemicals that can cause cancer.

Can a registered pharmacy prescribe nicotine?

Nicotine products can only be prescribed by a registered medical practitioner (or other authorised prescriber) and may only be dispensed by a registered pharmacy. An e-cigarette device designed and intended for delivery of nicotine may be supplied by a registered pharmacy, for use with prescribed nicotine products, as part of a medically supervised smoking cessation program.

Is it illegal to sell e-cigarettes in Australia?

It is illegal to sell, supply or possess an e-cigarette or any liquid that contains nicotine in Australia without a doctor’s prescription. Nicotine is a dangerous poison, even in small quantities, and it is strictly regulated in WA under the Medicines and Poisons Act 2014 (external site).

Do cigar cartridges contain nicotine?

They have typically mimicked traditional tobacco cigarettes, cigars or pipes in appearance, but are increasingly available in other styles. Cartridges may not contain nicotine.

Can an owner use e-cigarettes?

Owners/managers may choose to implement a policy applying to their premises which prohibits the use of e-cigarettes wherever smoking is prohibited .

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