E-cigarettes, vaping and the law

E-cigarettes or electronic cigarettes (also known as vapes) are battery powered devices that heat liquids, known as e-liquids, creating an aerosol (or vapour). This aerosol is breathed in, carrying the chemicals to the user’s lungs, and is then exhaled as a fine vapour.

While some e-cigarettes are ‘flavour-only’, the e-liquid inside e-cigarettes most often contains nicotine, which is the same highly addictive drug that is in cigarettes and other tobacco products. E-cigarettes can also contain or produce over 200 chemicals like propylene glycol, glycerol, ethylene glycol, formaldehyde, and acetaldehyde – some of which are toxic and known to cause cancer.

For more general information on e-cigarettes, see our Drugs A-Z factsheet on electronic cigarettes and vaping.

There are some overarching rules at the national level which apply throughout the country. E-cigarettes are also included in state and territory tobacco control acts and regulated in similar ways to traditional cigarettes.

See below for more information about the laws regarding the sale, use, and marketing of e-cigarettes across Australia. We note that the laws around e-cigarettes are expected to change in the coming months, and more information on the changes is available here. This information is a general summary and should not be taken as comprehensive legal advice.

The information provided in this factsheet was correct in July 2024. However, laws around e-cigarettes are expected to change.

From the 1^st of October 2024, adults over 18 years old will be able to purchase e-cigarettes through pharmacies without a prescription. E-cigarettes purchased without a prescription will have a lower maximum nicotine concentration. For more information about the upcoming changes, visit the TGA vaping hub.

For the most up-to-date and more specific information about e-cigarettes and the law in your state or territory, see the below links:

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia

Evidence Base:

This factsheet outlines the laws for e-cigarette-related offences in Australia. This information is a general summary and should not be taken as comprehensive legal advice. If you have been charged with an offence you should contact a criminal lawyer for assistance.

This factsheet was developed in consultation with the PREMISE and Matilda Centre Youth Advisory Board (YAB) and underwent expert review by the Program Lead of Smoking, Vaping and Mental Health at the Matilda Centre for Research in Mental Health and Substance Use at the University of Sydney. A full list of sources which informed this factsheet can be seen below.