Understanding Vape Laws By State Australia can be confusing because Commonwealth rules operate alongside state and territory legislation.

A rule that applies nationally may therefore be accompanied by additional requirements in Queensland, New South Wales, Victoria, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory.

This guide provides a starting point for understanding the Australian vaping framework and directs readers toward official sources for jurisdiction-specific information.

Important: State and territory vaping laws can change. Always verify the current requirements with the relevant government authority before relying on this information.

Australian Vape Laws at a Glance

Australia’s federal vaping framework changed significantly in 2024.

Vapes and vaping products can only be supplied through pharmacies for therapeutic purposes, subject to applicable requirements. Non-pharmacy retailers such as vape shops, tobacconists and convenience stores cannot legally sell vape products.

The Australian Government also states that the rules apply to vaping products regardless of whether they contain nicotine.

However, state and territory requirements still matter.

Queensland Vape Laws

Queensland operates within Australia’s national vaping framework while also applying Queensland-specific tobacco and smoking-related legislation.

Anyone researching vaping in Queensland should check both Commonwealth requirements and current Queensland Government information.

Key areas to verify include:

• therapeutic vape access
• age restrictions
• smoking and vaping restrictions in public places
• retail supply
• nicotine requirements
• enforcement
• advertising and promotion

Do not rely on old Queensland vape-shop information published before the federal reforms.

New South Wales Vape Laws

New South Wales has its own tobacco and e-cigarette regulatory requirements alongside Commonwealth laws.

When researching vaping in NSW, check current NSW Government information concerning:

• vaping in public areas
• supply
• age restrictions
• therapeutic access
• enforcement
• smoking and vaping restrictions

The federal pharmacy-only framework must also be considered.

Victoria Vape Laws

Victoria has state-specific tobacco and smoking regulations in addition to the national therapeutic-vaping framework.

Victorians researching vaping should verify current requirements covering:

• where vaping is prohibited
• retail and supply rules
• age requirements
• therapeutic access
• penalties and enforcement

Western Australia Vape Laws

Western Australia has its own tobacco-control framework alongside Commonwealth vaping requirements.

Anyone researching vape laws in WA should check current Western Australian Government information before making decisions concerning vaping, supply or public use.

South Australia Vape Laws

South Australia’s vaping requirements operate alongside Commonwealth legislation.

Consumers and businesses should check current South Australian Government information for requirements concerning:

• vaping in public places
• supply
• age restrictions
• therapeutic vaping
• enforcement

Tasmania Vape Laws

Tasmania has jurisdiction-specific tobacco and vaping requirements.

The safest approach is to consider the federal framework together with current Tasmanian Government guidance.

Australian Capital Territory Vape Laws

The ACT has its own tobacco and smoking legislation in addition to the Commonwealth vaping framework.

Readers should verify current ACT Government requirements when researching vaping, public-use restrictions or supply.

Northern Territory Vape Laws

The Northern Territory also operates under the national vaping framework while applying its own jurisdictional requirements.

Always check current Northern Territory Government information for local rules.

Why Federal and State Vape Laws Both Matter

One of the biggest mistakes people make when researching Australian vaping laws is assuming that a single national rule answers every question.

Federal legislation determines important aspects of vaping regulation, while state and territory laws can regulate matters such as public use, smoking restrictions and other local requirements.

That is why a reliable Australian vaping guide should provide links to both levels of government.

Where Should You Check Current Australian Vape Laws?

Start with the Australian Government’s vaping information.

Then check the government website for your state or territory.

This is especially important if you are researching:

• where vaping is permitted
• where vaping is prohibited
• therapeutic access
• age requirements
• supply
• penalties
• public-place restrictions