In Australia, state laws across the country currently prohibit the sale of nicotine e-liquid. However, this hasn’t stopped the country’s vapers from buying e-liquids that contain nicotine from overseas companies and importing them into the country for personal use. This practice of importing nicotine e-liquid into the country for personal use is not technically illegal, but it may be soon.
On June 19, 2020, the Australian Government’s Department of Health (ODC) issued a joint statement with the Australian Border Force in which the government agencies notified the public that Hon Greg Hunt MP, Australia’s Minister for Health, has formally requested that the Australian Border Force and the Department of Health work together on a “new approach to regulating e-cigarettes containing vaporiser nicotine.”
While the request has been made, the proposal is not yet set in stone and the Governor-General in Council has to first approve the proposal before it can go into effect. If the proposed measure is approved, Australians will no longer be able to import nicotine e-liquid into the country for personal use come July 1, 2020. The prohibition on nicotine e-liquid imports would remain in place for 12 months, which the Australian government indicates will “allow for public consultation on the regulation in Australia of nicotine products by the Therapeutic Goods Administration (the TGA) in the form of an amendment to the Poisons Standard.”
In their media release, the Australian government makes clear that nicotine vaping products would require a valid prescription, however, tobacco cigarettes would remain exempt. In other words, tobacco cigarettes, which are responsible for around 21,000 deaths a year in Australia, will not require a doctor’s prescription and will remain widely accessible to those of legal smoking age.
If the proposed regulations go into effect, individuals intent on legally vaping nicotine e-liquid in Australia will be required to obtain a valid prescription from a licensed physician. But it doesn’t end there. The Department of Health must also grant permission to a doctor or medical supplier to import nicotine-containing vaping products on behalf of the patient and the products must be imported using a cargo service or courier service, not international mail.
Under the Customs Act 1901, those found to be in violation of the newly proposed regulations would be subject to a $222,000 fine. An offense would be defined as importing, possessing, or attempting to import a prohibited import, which in this case would be a product containing nicotine e-liquid.
Those traveling to Australia would be required to have a valid doctor’s prescription in order to enter the country with any nicotine-containing vaping products and any such products must be prescribed for the individual’s own medical treatment. As a result, individuals who enter the country with nicotine vaping products will be required to keep a copy of their prescription on their persons.
In the meantime, Australia’s vapers are able to continue importing nicotine e-liquid for personal use from overseas vape companies like Vaper Empire, which sells a variety of vaping products through its online store, ranging from e-liquids with and without nicotine to vape kits, parts, and accessories.
If the proposal does pass, Australians will still be able to legally import vaping products without a prescription, however, they will be limited to vaping products that do not contain any nicotine.
