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e-Cig Laws in Australia
Each Australian State and Territory classes Electronic Cigarettes and Nicotine differently and
are changing constantly. We encourage you to stay informed and up to date with how these
laws affect you as a Vaper.
Australian Customs Service
As far as Australian Customs is concerned you can purchase e-Cigarettes containing nicotine
offshore from a seller outside Australia and import into Australia provided it is for personal use
only and not for retail resale in Australia, which is why Easy Puff ship direct to you from our
warehouse in New Zealand.
The follow extract is from the Australian Customs Service regarding personal importation of e cigs in Australia:
Can I import electronic cigarettes into Australia?
E-Cigarettes are comprised of an atomiser, battery and cartridge that may or may not contain a mixture of liquid nicotine and propylene glycol or polyethylene glycol. These forms of glycol are commonly used in pharmaceutical formulations and are not controlled. Liquid nicotine, is scheduled as a ‘Schedule 7 Poison’ under the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP). The listing of a poison in Schedule 7 does not usually justify an import prohibition. The Department of Health and Ageing (DoHA) is responsible for the government policy on such issues and advised that all States and Territories have domestic controls on the sale of these products and they are prohibited for commercial purposes.
E-cigarettes (and/or their components) are not prohibited imports under Customs law. However, they may be subject to control under the Therapeutic Goods Act 1989 if the packaging makes a claim about any form of therapeutic benefit. If E-Cigarettes are detected at the border appearing to make a therapeutic claim, the goods may be referred to the Therapeutic Goods Administration (TGA). The TGA will advise whether further action is warranted, whether any claims made are classed as therapeutic, and whether seizure is appropriate under their Act. If no therapeutic claim is made, or the TGA determines that no action is warranted, the goods are released, as they are not controlled on importation.
The onus is on the purchaser of goods from offshore websites to ensure that any goods they purchase are legal to import and possess under Commonwealth and State and Territory laws. Goods of this nature are not tobacco or tobacco products, and therefore are not subject to duty or GST if the Customs value is at or below the low value goods threshold of A$1,000. Special mention is needed to highlight that e cigarettes are not subject to Australian Tobacco laws because they do not contain tobacco.
Easy Puff Australia advises that all Australian residents check their local state legislation regarding the importation of electronic cigarettes in their state of residence, as these laws may vary from federal legislation. The information provided by Easy Puff Australia cannot be considered as binding legal advice and further recommends checking with public institutions for individual guidelines about smoking (vaping) electronic cigarettes in public places as endorsement of such activities may vary from venue to venue.