Appendix One: Comparison of international regulatory frameworks for ecigarettes Country framework to under 18s Smokefree Advertising, promotion, Product safety display Australia Nicotine is classed as a Sale of nicotine ecigarettes is Restrictions on vaping in Federal restrictions on TGA requirements apply to poison under Commonwealth unlawful, except when smokefree areas vary from advertising of therapeutic nicotine ecigarettes (regulated legislation (with exemptions if approved as a medicine. state to state: products apply. as medicines). a product is approved for Sale of non-nicotine prohibited in all legislated State-level restrictions vary: therapeutic use, for a smoked ecigarettes to under-18s is smokefree areas in Queensland, NSW, and tobacco product, or for use in subject to different state laws: Queensland, ACT ACT prohibit advertising animals): prohibited in Queensland, legislation to prohibit and promotion, and sale of nicotine ecigarettes NSW, ACT pending in Victoria display at retail outlets is prohibited in all states legislation to prohibit prohibited in a car with a legislation pending in to-date no nicotine pending in Victoria passenger aged under 16 Victoria will prohibit ecigarette has been years in NSW advertising and promotion, prohibited in Western approved by the and display at retail outlets Australia (to all age groups no restrictions in Therapeutic Goods as imitation tobacco states (laws have not been no restrictions in other Authority products) updated to take account of states (laws have not been individuals can import ecigarettes). updated). not prohibited in South nicotine ecigarettes for Australia, Northern personal use (up to 3 Territory and Tasmania months’ supply) under (laws have not been certain conditions. updated to take account of ecigarettes).
Appendix One: Comparison of international regulatory frameworks for ecigarettes Country framework to under 18s Smokefree Advertising, promotion, display Product safety Australia Nicotine is classed as a poison under Commonwealth legislation (with exemptions if a product is approved for therapeutic use, for a smoked tobacco product, or for use in animals): sale of nicotine ecigarettes is prohibited in all states to-date no nicotine ecigarette has been approved by the Therapeutic Goods Authority individuals can import nicotine ecigarettes for personal use (up to 3 months’ supply) under certain conditions. Sale of nicotine ecigarettes is unlawful, except when approved as a medicine. Sale of non-nicotine ecigarettes to under-18s is subject to different state laws: prohibited in Queensland, NSW, ACT legislation to prohibit pending in Victoria prohibited in Western Australia (to all age groups as imitation tobacco products) not prohibited in South Australia, Northern Territory and Tasmania (laws have not been updated to take account of ecigarettes). Restrictions on vaping in smokefree areas vary from state to state: prohibited in all legislated smokefree areas in Queensland, ACT legislation to prohibit pending in Victoria prohibited in a car with a passenger aged under 16 years in NSW no restrictions in states (laws have not been updated to take account of ecigarettes). Federal restrictions on advertising of therapeutic products apply. State-level restrictions vary: Queensland, NSW, and ACT prohibit advertising and promotion, and display at retail outlets legislation pending in Victoria will prohibit advertising and promotion, and display at retail outlets no restrictions in other states (laws have not been updated). TGA requirements apply to nicotine ecigarettes (regulated as medicines).