Vaping in Perth
In this article, we are going to focus on the vaping laws in Australia, especially vaping in Perth.
Australia has been in the public eye for some time now when it comes to vaping, primarily because of the strict laws imposed on buying, selling and using vaping devices and nicotine vape juices. Furthermore, there is so many conflicting information when it comes to the vaping laws in the country that vapers can be a bit lost in a sea of info and data. The fact that each state has different sets of regulations and bylaws on the subject is not helpful. Moreover, new laws are being passed that directly impact the vaping scene in the country and the distribution ofvape pens and other vaping devices.
Across the country, it’s illegal to buy, distribute or use any e-liquids or vaping devices that contain nicotine for personal use from any Australian vendor. Nicotine in Australia is classified as a schedule 7 – Dangerous Poison under the National Poisons Standard. The “loophole” in this law is that if you use an e-cig for therapeutic purposes to lessen the nicotine withdrawal or to get over a smoking habit, then the e-cig has to be registered with the TGA to be lawfully sold.
The above is possible only if a doctor prescribes it as medicine under the schedule 4 prescription under the National Poisons Standard.
The subject of e-cigs has been under federal Parliamentary inquiry, which was supposed to examine whether e-liquids containing nicotine should be legalized. However, earlier this year after a year-long debate the parliamentary committee decided to leave the ban on nicotine in place. The majority of the Standing Committee on Health, Aged Care and Sport stated that: "current regulatory arrangements for nicotine e-cigarettes remain appropriate" and "further research into the health impacts is needed."
This was not a fully supported decision by every member on the Standing Committee. For example, the Liberal MP Andrew Laming wrote: "Life is short and shorter for smokers. Just legalize vaping."
This remains true for vaping in Perth, and any other place in the country. In the report, five recommendations were made:
The research will be reviewed every two years.
An international meeting of health experts should be convened.
A national approach should be taken to regulate non-nicotine e-cigarettes in Australia.
The TGA will continue to oversee the classification of nicotine.
The government should examine colorings and flavorings of e-liquids.
The law regarding vaporizers in Perth, Sydney, and Adelaide
Let’s review the laws regarding vaporizers in Perth, the capital of Western Australia. This is one of the strictest states when it comes to vaping. Western Australia has provisions that classify e-cigs under the Tobacco Products Control Act 2006 and the Medicines and Poisons Act 2014. According to this laws, e-cigarettes with or without nicotine cannot be sold in Western Australia. However, you can purchase e-cigarettes and e-liquids online from other online stores, which are not located in the state, and have them shipped there.
To sum it up, in Perth, you can’t sell or supply any type of vaping devices or e-liquids since it’s illegal under the acts mentioned above. You can use e-liquids with or without nicotine. It’s also legal to purchase and import nicotine and vaping devices for personal use. You can vape indoors and outdoors in smoke-free zones. However, promotion or advertisement of e-cigs is illegal.
The Sydney vape scene, as the capital of New South Wales and one of Australia's largest cities, is a bit more liberal. The main restrictions are for people under 18 years of age, which are considered as minors according to the law, and selling e-cigarettes and e-cigarette accessories to them is strictly prohibited. Furthermore, according to the Public Health (Tobacco) Act, it is also an offense to use e-cigarettes in cars with children under the age of 16. Selling e-cigarettes or e-liquids containing nicotine is illegal, and advertising and promoting vaping is also banned.
The following actions fall under the advertisement category:
Displaying an e-cigarette or e-cigarette accessory, which can be seen or heard from a public place
Giving out free samples of any vaping device/vape juice (although some vape shops give out samples for a 50c fee)
Including e-cigs products as a part of a shopper loyalty program or sponsorship
However, as a vaper in Sydney, you can buy e-cigs and nicotine-free vape juices without any problems. In fact, there are a bunch of vape shops in the city. Even though you can’t purchase e-liquids with nicotine in the state, you are free to use them. If you have a prescription from a medical practitioner, then you can buy vape juices with nicotine overseas. Vaping indoors is legal.
Vaping in Adelaide, on the other hand, as the capital of South Australia, has the most liberal vaping laws in the whole country, and it’s considered as the leading state on the subject. However, even though almost everything regarding vaping in South Australia is legal, except selling e-cigarettes or e-liquids containing nicotine, things might change soon.
The Final Report of the South Australian Parliament Select Committee on E-cigs has recommended that e-cigs should be regulated in the interest of public health. That would mean that the sale, use, and promotion of e-cigarette products should fall under the Tobacco Products Regulation Act 1997. The Committee stated that it has no interest in limiting the sale of e-cigarettes if they were approved as quitting aids in the future. The process for approval goes through the Therapeutic Goods Administration (TGA).
How can you buy vaping supplies in Perth?
As we said above, Western Australia has implemented a ban on selling vape devices and supplies in the state. However, you can buy vaping supplies in Perth through an online store, which is not based in the state and have the package shipped in Perth. Vaping in Perth might not be easy, but it’s doable!