The Australian Government has introduced sweeping new rules in an attempt to control vaping.
Vaping, otherwise known as the use of electronic cigarettes (e-cigarettes), has become a modern phenomenon which has infiltrated the lives of many Australians young and old. According to the Minister for Health and Aged Care Mark Butler, approximately one in six high-school students and one in four young Australians between 18 and 24 are vaping.
In response, the Australian Parliament has decided to take stronger action against vaping through regulatory reforms which impact on how vapes are imported, manufactured, supplied and advertised.
On 27 June 2024 Parliament passed the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 which amends the Therapeutic Goods Act 1989 in a wide range of provision.
Firstly, the retail and medical requirements for vape distribution have altered substantially. In particular, non-pharmacy retailers such as tobacconists or convenience stores are now prohibited from selling any type of vapes.
Vapes must now be for therapeutic use and can only be acquired with a prescription from a medical practitioner or nurse. This applies particularly to vapes containing nicotine (until 30 September 2024). Such products are now prohibited from being generally advertised and are limited to the flavors of mint, menthol and tobacco, in compliance with the regulatory requirements of the Therapeutic Goods Act 1989.
Secondly, the Act has introduced new offences and civil penalty provisions relating to the unlawful importation, domestic manufacture, supply, advertisement, and commercial possession of vapes.
This accompanies further reforms of enforcement organisations, which now have greater powers to investigate non-compliance, seize unlawful goods and share relevant information with other enforcement bodies.
Penalties have been lifted too. The new provisions provide that a person convicted of supplying vaping goods in Australia may be imprisoned for up to seven years under the new Act. These provisions apply to suppliers, importers and manufacturers.
The changes implemented on 1 July 2024 are only the beginning of the rollout against vaping. From 1 October 2024, therapeutic vapes with a nicotine concentration of 20mg/mL or less will be available from Australian pharmacies to patients 18 years or over without a prescription where a pharmacist assesses it to be clinically appropriate.
Therapeutic vapes for patients under 18 years and or with a nicotine concentration of more than 20 mg/mL will continue to be available with a prescription from a medical or nurse practitioner, subject to State or Territory laws.
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