Personal possession and use of vapes is not criminalised in Australia – yet.
But the situation for the manufacturers and retailers of vapes has changed as of July 2024, when the manufacture, supply and commercial possession of disposable single use vapes became unlawful.
While the tobacco wars continue in Melbourne, new criminal offences and civil penalty provisions now apply under the Therapeutic Goods Act 1989 as of July 2024.
Questions are being asked in some quarters about whether the rollout of the tougher laws has been properly handled.
“The government is entitled to take such action against vapers as it sees fit but there is an obligation to make sure that people know about the changes in the law,” according to Sydney criminal law specialist Mathew Nott said,
“At the moment, if you are not selling vapes out of a pharmacy, you are going to be selling vapes illegally.”
“I would guarantee that you would not have to look too hard in certain parts of Sydney to find retailers unwittingly selling vapes simply because they are not aware of the change to the law.”
Vapes are battery-powered electronic cigarettes (e-cigarette) that contain nicotine and are used in place of smoking tobacco.
But the regulations state that until 30 September 2024, you will need a prescription.
However, from October 1, 2024, if you are 18 years or older you can purchase a vape from a pharmacy without a prescription. If you are under 18, you will still require a prescription subject to state and territory laws.
Under the Public Health (Tobacco and Other Products) Act 2023 amendments have also been made which have come into force from July this year.
These include plain packaging, flavours will be limited and the bans regarding tobacco advertisement will also apply to vapes.
What are the new penalties?
The penalties are set out in the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024. These reforms are targeting suppliers and manufacturers, not individuals.
This means that personal use of vapes that have been lawfully supplied and are less than the permitted quantities will not attract a criminal offence.
However, illegal suppliers will still face a range of consequences. This will differ based on the quantity of vape products.
The penalties include:
Importing, manufacturing or supplying: Imprisonment of 7 years or $550, 000 or both
Possessing as a retailer, less than commercial quantity: Imprisonment of 12 months or $55,000 or both
Possessing at least commercial quantity: Imprisonment of 2 years or $110,000 or both
The commercial quantity from October 1, is 9 vaping devices, 60 vaping accessories and 400mL of vaping substance. https://www.tga.gov.au/sites/default/files/2024-07/possession-and-supply-of-vaping-goods-in-australia-guidance.pdf
If you have found yourself in legal trouble regarding vape offences, contact Nott and Co Lawyers, the best criminal defence lawyers in Sydney.
