In Australia the ban on the unauthorised sale, possession or use of nicotine preceded the arrival of e-cigarettes. By law nicotine is restricted and classified as a 'dangerous poison' in Australia. If it is used for therapeutic purposes, i.e. quitting smoking, nicotine products have to be registered under the Therapeutic Goods Act (1989). There are ways to legally access nicotine e-liquid, all of which require a prescription from a registered Australian medical practitioner. Few vapers use these methods, and few Australian doctors will write the relevant prescriptions. Australia has a strict regulatory environment for vaping, with a complex mix of federal and state laws. There are harsh penalties for possessing or using nicotine e-liquid (which vary from state to state), including jail sentences of up to two years and fines of up to AU$45,000. So far, no vapers have been convicted, although the threat is clear. Non-nicotine e-cigarettes are classified as legal consumer products. A new law was passed in South Australia in March 2019 which covers e-cigarette devices (but not nicotine) which restricts sales based on age (18+), vaping in public areas, and the sale of e-cigarette products without a license.
Prevalence
- 1. Australian Institute of Health and Welfare 2017. National Drug Strategy Household Survey 2016: detailed findings. Drug Statistics series no. 31. Cat. no. PHE 214. Canberra: AIHW 2. Calculation based on population size data of people over 15 years of age (16+). Source of population data: World Population Prospects 2019 [Internet]. United Nations; 2019. (Department of Economic and Social Affairs, editor. Population Division). Report No.: Rev. 1. Available from: https://population.un.org/wpp/Download/Standard/Population/
- Australian Institute of Health and Welfare 2017. National Drug Strategy Household Survey 2016: detailed findings. Drug Statistics series no. 31. Cat. no. PHE 214. Canberra: AIHW
- Current use includes people who reported vaping daily, weekly or less than weekly, mothy or less than monthly. Data is for persons aged 18 and over and includes smokers and non-smokers. World Population Prospects 2019 [Internet]. United Nations; 2019. (Department of Economic and Social Affairs, editor. Population Division). Report No.: Rev. 1. Available from: https://population.un.org/wpp/Download/Standard/Population/
- Current use includes people who reported vaping daily, weekly or less than weekly, mothy or less than monthly. Data is for persons aged 18 and over and includes smokers and non-smokers.
Product promotion
- Banned at place of sale and banned in all media.
- Allowed or banned at place of sale or allowed or banned in all media.
Regulation
- Data cross-referenced where possible using the following sources :1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/ ; 2. Global tobacco control website. Available at:https://www.globaltobaccocontrol.org/node/14052 ; 3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/
- Rules on e-cigarette vary by state. Devices are available legally for sale but not nicotine liquid unless on prescription. Although nicotine liquid cannot be sold in Australia it is available via personal importation and online sales. Although technically legal to import , it is illegal to take possession unless a prescription is obtained and importation criteria met.
Availability
Regulations and restrictions
Perception of harm
- Hua-Hie Yong, Ron Borland, James Balmford, Sara C. Hitchman, K. Michael Cummings, Pete Driezen, Mary E. Thompson, Prevalence and Correlates of the Belief That Electronic Cigarettes are a Lot Less Harmful Than Conventional Cigarettes Under the Different Regulatory Environments of Australia and the United Kingdom, Nicotine & Tobacco Research, Volume 19, Issue 2, 1 February 2017, Pages 258�263,
- *Survey included smokers and ex smokers only. 2014 data. 35.2% believed e-cigarette are a lot less harmful, 4.5% unsure how much less harmful, 14.4% 'a little' less harmful. (54.1% total )