Traveling has become more complicated over the past few years, with laws differing between countries, ever changing airline and airport policies, and progressively stricter checked baggage procedures all making it harder to know what you can and cannot do. Here we aim to simplify that information in one place, addressing the common questions people have when travelling to Australia. We’ll cover everything from “is vaping illegal in Australia” to “can I fly with a vape”?
Our aim is to lay out the facts, and let you travel with peace of mind.
What are the laws? Is Vaping Illegal in Australia?
Let’s start with the basic laws. Under Australian law1 it is illegal to buy, possess or use liquid nicotine for vaping without a prescription from a registered Australian medical practitioner. This means that even if you regularly vape in another country, where prescriptions for vaping are not required, just bringing your vape with you to Australia without a prescription is illegal and risks a substantial fine.1`
The penalty for importing liquid nicotine without a prescription is up to $222,000 under the Customs Act 19012, and individual state and territories’ laws can carry further charges.
Vaping laws allow users to vape non-nicotine liquid in Australia, but the devices and liquid are less common globally. As such, if you bring a vaping device into Australia without a prescription you are permitted to do so, under the condition that it does not hold any nicotine or restricted substances, such as cannabis.If you have a prescription for liquid nicotine from a country that is not Australia, you can bring nicotine into the country on a traveller’s exemption3. This rule is in place to allow travellers to carry medicines or medical devices with them for their own personal use or for the use of an immediate family member who they are travelling with. If you are doing this you must follow the rules listed below.
Nicotine Vapes – How much can you bring into Australia
For those with a valid prescription from an Australia medical practitioner for liquid nicotine, they are allowed to bring 3 months supply1 with them as a maximum amount (roughly 500ml). Please remember that if you are bringing a volume similar to this, the liquid must be in your checked baggage if flying. This is because the liquid nicotine will count as a fluid, and for most airlines will fall under the less than 100ml restriction for hand luggage.
Tobacco Cigarettes – How much can you bring into Australia
When travelling to Australia you are allowed to bring one unopened pack of up to 25 cigarettes or 25 grams of other tobacco products in duty free. If you bring any more then you must declare it and pay the relevant duty and taxes, which is currently $1.16435 per cigarette5. You are also allowed to bring in one opened pack of cigarettes.
Can you fly with vape devices in Australia? What you need to know
You can fly with vape devices to Australia. The law is that you cannot possess or distribute nicotine liquid, so bringing an empty vaping device or a device filled with non-nicotine liquid is legal. If you want to bring a vaping device containing nicotine liquid then you are required by law to have a valid prescription, either from an Australian medical professional, or from a foreign medical professional under the traveller’s exemption3 allowing people entering Australia to carry medicines and medical devices for their own personal consumption.
Rules for flying on a plane
We have gone through the details of the laws regulating nicotine liquid being brought into Australia above, but the other key practicality to consider is that all e-cigarettes or personal vaping devices must be taken in carry-on and not checked luggage6. This is because of the battery creating a potential risk of fire, and has the same reason behind needing to carry laptops in carry on. Additionally e-cigarettes or vaping devices must be protected to avoid accidental activation, and all use or charging of e-cigarettes and vaping devices is banned onboard aircrafts for all airlines.
As a quick summary for flying:
- Do you need to have a prescription to legally bring nicotine liquid into Australia? YES
- Do you need pre approval from the airline to bring e-cigarettes and vaping devices? NO
- Can you bring e-cigarettes and vaping devices in your carry-on baggage? YES
- Can you bring e-cigarettes and vaping devices in your check-in baggage? NO
- Can you use or charge e-cigarettes and vaping devices onboard planes? NO
Rules when checking in at the airport
If you are bringing e-cigarettes and vaping devices with you as you fly in or to Australia, then abide by the following rules.
- You must have a valid prescription for your e-cigarette or nicotine liquid (either from an Australian medical professional or from a foreign professional under the traveller’s exemption rule3)
- You must pack your e-cigarettes and vaping devices in your carry-on luggage and NOT in your check-in luggage
- You must not bring more than 3 months personal supply
For most airlines you do not need to get pre approval to carry e-cigarettes or vaping devices, but if you have any concerns then it is sensible to check your airline’s website for up to date rules.
Rules for smoking at the airport and public spaces in Australia
Rules differ between airports, but for the majority of Australian airports smoking or vaping in the airport or outside on airport property is forbidden, unless you are in specifically designated smoking areas. In most states and territories it is illegal to use e-cigarettes in places where smoking is illegal. This means it is illegal in all public enclosed spaces, and specific outdoor public spaces, including concerts and sporting events7. Check the relevant state or territory rules to see the specific outdoor public space vaping rules.
Rules when traveling around Australia with a vape device
No matter whether you are travelling into Australia, or once you are already there, the e-cigarette law still applies. “It is illegal to buy, possess or use liquid nicotine for vaping without a prescription from a registered Australian medical practitioner.”1 This means that even having possession of e-cigarettes without a prescription is an offence, making the law very clear cut for travellers in Australia.
In terms of where you can smoke, as a general rule in Australia, wherever you can smoke you can vape. As stated above, this means that vaping is illegal in all enclosed public spaces, and many outdoor public spaces. The rules on vaping in outdoor spaces change depending on the state or territory you are in.
Breaking the law – What you need to know
The laws around vaping are taken extremely seriously in Australia, and breaking them can lead to very significant fines or even jail time. As we have discussed above, the penalty for importing liquid nicotine without a prescription is up to $222,000 under the Customs Act 19012, and individual states and territories’ laws carry further charges.
If you have any further questions regarding smoking or vaping in Australia, please email support@quitclinics.com, we’ll be happy to help!
If you would like to be reviewed by an Australian doctor who is an Authorised Prescriber of nicotine, you can get started here.
Enjoy your trip and welcome to Australia!
