Vaporisers have a number of legal issues associated with them and it is important that you are aware of your rights and responsibilities and who you need to talk to about any questions you may have.
You can talk to a lawyer for free at Tasmania Legal Aid.
To get for free legal information call 1300 366 611.
What is an e-cigarette/vaporiser?
E-cigarettes and vaporisers (commonly called ‘vapes’) are electronic devices which use battery power to turn a liquid into a vapor which is then inhaled.
Usually they are used to vaporise flavoured liquids which contain nicotine.
Can I have a vape?
Yes, you can have and use a vape but only if it does not have any nicotine in it.
If a vape contains nicotine it will be treated as a tobacco product.
You must be at least 18 years old to possess or use a tobacco product.
If the police believe it contains nicotine then you might be charged with an offence and you may be required to prove that it does not contain any nicotine.
Can I possess an e-liquid/vape juice?
Until 30 September 2024, everyone needs a prescription from a doctor or nurse practitioner to purchase nicotine vapes from pharmacies.
From 1 October 2024, people 18 years or over can purchase nicotine vapes directly from a pharmacy without a prescription.
People under 18 will still need a prescription to access vapes, where state and territory laws allow it. This is to ensure they get appropriate medical advice and supervision.
Can I sell a vape which contains nicotine?
Non-pharmacy retailers, such as tobacconists, vape shops and convenience stress, cannot sell any type of vape. Vapes can only be sold in a pharmacy setting, regardless of whether they have nicotine in them or not.
No, you cannot sell vapes that contain nicotine unless you have a licence to sell tobacco products. You cannot sell vapes to people under 18 even if you have a licence to sell other tobacco products.
Some useful contacts
Quit 137 848 www.quit.org.au
Tasmania Police 131 444 www.police.tas.gov.au