Australia #9830 (v.2)

Base data

Notified in
Version validity
30/09/2024 - present
Current active version v.2
Reporting member
Australia
In force from
End date
In force
General description
Prohibition on the import into Australia of vaping goods
National legal basis
Regulation 5A of the Customs (Prohibited Imports) Regulations 1956

Administrative mechanism
From 1 January 2024, the importation of disposable vapes is prohibited, with very limited exceptions (including for scientific or medical research, and disposable vapes containing substances that are separately regulated under customs legislation as 'controlled drugs').

From 1 March 2024 the import of all vapes, vaping substances and vape accessories areis prohibited without an import licence and permit from the Office of Drug Control, with very limited exceptions. To obtain a licence and permit, the vape must be included in the Australian Register of Therapeutic Goods or be the subject of a notification to the TGA to the effect that the vape:
• is only for smoking cessation or the management of nicotine addiction; and
From 1 January 2024, the importation of disposable vapes is prohibited, with very limited exceptions (including for scientific or medical research, and disposable vapes containing substances that are separately regulated under customs legislation as 'controlled drugs').

From 1 March 2024 the import of all vapes, vaping substances and vape accessories is prohibited without an import licence and permit from the Office of Drug Control, with very limited exceptions. To obtain a licence and permit, the vape must be included in the Australian Register of Therapeutic Goods or be the subject of a notification to the TGA to the effect that the vape:
• is only for smoking cessation or the management of nicotine addiction; and
• complies with TGA requirements or consent for non-compliance has been given by the TGA.

To obtain a licence and permit for a medicinal cannabis vaping device, the vape must be included in the Australian Register of Therapeutic Goods or be the subject of a notification to the TGA to the effect that it complies with essential principles specified in the Therapeutic Goods (Medical Devices) Regulations 2002 or consent for non-compliance has been given by the TGA.

Some vaping goods that contain controlled substances, such as medicinal cannabis or other drugs under the PI Regulations, will require separate licences and permits to import both the substance and the vaping goods.

If you are intending to import a Regulation 5 substance (drug) such as cannabis oil which is contained within a disposable vape or a vape accessory, and you already hold a licence to import this substance, you will not require an additional licence to import the vaping good or the vape accessory containing the Regulation 5 substance. For non-disposable vaping goods containing a Regulation 5 substance, if you do not hold a licence to import the Regulation 5 substance, you will need to apply for a licence to import narcotic, psychotropic substances, and apply for a licence and permit under Regulation 5A for the vaping good.

Import restrictions were introduced ahead of the planned prohibition on domestic supply to allow retailers to run down their stocks of imported vaping goods.


Responsible entities
HS version
HS 2022
Referenced WTO document symbol

Meta data

WTO justifications

XX:(b) - (b) necessary to protect human, animal or plant life or health;

GATT 1994 (GATT 1947 provisions)

Reported as: Article XX(b) of the GATT
Non-WTO commitments
Affected partners
Non-affected partners

Measures

Reported restrictions
CP
Symbol
NAL

Tariff lines

240411
Vaping goods, including vapes, disposable vapes, vape substances and vape accessories
240412
Vaping goods, including vapes, disposable vapes, vape substances and vape accessories
240419
Vaping goods, including vapes, disposable vapes, vape substances and vape accessories
854340
Vaping goods, including vapes, disposable vapes, vape substances and vape accessories
854390
Vaping goods, including vapes, disposable vapes, vape substances and vape accessories