A large number of Northern Beaches residents, particularly younger folk, are casual or committed vape users. A survey by our local health service (Northern Sydney) last year, suggests that our region has a “a substantially higher rate of e-cigarette use” than the rest of NSW. That’s why we’ve pulled together the questions readers keep asking about what is and isn’t legal in the vaping world.
Just three weeks ago, the NSW government once again changed their vape laws just four months after implementing strict importation and distribution restrictions.
From March 1, the only way to legally purchase a nicotine e-cigarette product in Australia was by taking a prescription from a GP and providing it to a pharmacist. Many so-called non-nicotine vapes were able to be sold until July 1. Most of these contained high levels of nicotine but were not labelled as such.
The same prescription laws still apply now with the addition of prohibiting tobacconists, vape stores and convenience stores from selling any vape product, nicotine or not.
However, mere days before it was put to the Senate, the government backpedalled on one of the bill’s key points and has allowed anyone over the age of 18 to purchase a vape from a pharmacy without a prescription from October 1.
So, what are the laws now?
Most motions proposed in the first reading of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill, remain the same as the current bill passed.
From July 1, any store which is not classified as a pharmacy will have to suspend any sale of any vape product. This includes hardware or e-liquid, nicotine or not.
The commercial possession, advertisement and domestic distribution of vapes are also banned under the reform as well as personal importation.
The prescribed vapes will only be limited to three flavours, tobacco, menthol and mint, require plain pharmaceutical packaging and be restricted to 20mg/mL of nicotine concentration.
The big change is the amendment to prescriptions.
The sale of vapes will only be allowed from behind a pharmacy counter via a prescription from a medical or nurse practitioner from now up until September 30. Then from October 1, anyone over the age of 18 will be able to buy a vape without a prescription – after a chat with the pharmacist prior.
The new law will not extend to persons under 18 who will still need a prescription from a GP to purchase a vape.
What happens if these laws are broken?
If you’re reading this and wondering if you’re going to be fined or jailed for that vape in your pocket or top drawer then fret no further – possession of an e-cigarette for personal use will not be criminalised.
The new laws specifically target any suppliers of vapes. Individuals caught selling the product can receive up to seven years of prison time or pay over $2 million in fines while corporations could cop almost $22 million in penalties.
The Therapeutic Goods Administration (TGA), the Australian Border Force (ABF) and state police and health authorities will regulate the importation, manufacture and distribution of vape products.
Previously, nicotine testing in vapes required laboratory testing, however, the TGA says the new regulation allows for a more streamlined process.
More than $50 million was provided to the TGA to regulate this new system, with NSW Health also implementing over 50 staff authorised as inspectors.
Earlier this year an additional $25 million of resources was given to the ABF to increase their enforcement efforts at the border.
Why the sudden backpedal?
The government was very stern on the implementation of their Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill, as it was aimed to stop kids from vaping and wean Australians off smoking.
However, in a last-minute bid to gain support from the Greens to pass the bill into law in the Senate, the government compromised and conceded the prescription-only model tied to vape sales in pharmacies. The Greens considered prescriptions cost-prohibitive, and argued drug prohibition didn’t work. It also meant people could not be charged with possessing a prescribed restricted substance.
In order to provide pharmacies with enough time to cater for the expected demand, prescriptions are required until 1 October.
Manly Observer understands most young people acquire vapes via a black market using snapchat.
