From 1 July 2024, vapes (also known as e-cigarettes) sold across Australia, whether or not they contain nicotine, may only be sold in a pharmacy [Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (Cth)].
Between 1 July and 30 September 2024, a prescription from a doctor or nurse practitioner was required to purchase a vape containing nicotine in Australia. From 1 October 2024, people 18 years and older no longer need a prescription to buy a nicotine vape but those under the age of 18 do. In South Australia, it is an offence to sell or supply a tobacco product or a vape product to a person under 18 years [Tobacco and E-Cigarette Products Act 1997 (SA) s 38A]. An exemption has been granted to allow the sale or supply of a product containing nicotine to a person under 18 with a prescription by a medical practitioner or pharmacist.
The Tobacco and E-Cigarette Products Act 1997 (SA) otherwise regulates tobacco and vape products generally in South Australia.
In order to counter the illicit trade of tobacco there are prohibitions on:
The maximum penalty for the above offences is a fine of $50,000.
It is an offence for a person to have, without lawful excuse, possession of prescribed tobacco products for the purposes of sale [s 33]. Prescribed tobacco products include those prohibited under the Customs Act 1901 (Cth) or those that do not comply with the prescribed packaging requirements. If a person is in possession of a prescribed quantity of prescribed tobacco products, it is presumed, in the absence of proof to the contrary, that the person has possession for the purposes of sale. The maximum penalty for the offence is a fine of $50,000.
Smoking or vaping in a public place
Under the Tobacco and E-Cigarette Products Act 1997 (SA) and the Tobacco and E-Cigarette Products Regulations 2019 (SA), it is an offence to smoke cigarettes or vape in:
From 1 March 2024, pursuant to the Tobacco and E-Cigarette Products Regulations 2019 (SA), it is also an offence to smoke or vape in the public areas of the following locations:
A ban on smoking or vaping within the public areas of residential aged care facilities and within 10 metres of their boundaries will commence operation one year later, on 1 March 2025 [reg 20].
If caught smoking or vaping in a smoke-free or vape-free public area, the police may:
As at 1 March 2024, the maximum fine is $750 and the expiation fee is $105.
It is also an offence for the occupier of a smoke-free and vape-free public area to display insufficient signage indicating the ban on smoking and vaping [s 52(4)].
For more information about smoking and vaping in a public place, visit clearingtheair.sa.gov.au.