Business surrender scheme underway, notification period ends

To support the Government’s reforms to the regulation of vaping goods in Australia on 1 July 2024, transitional arrangements were put in place. These arrangements allowed businesses holding vaping goods that can no longer be supplied in Australia to divest themselves of these products without committing a supply or possession offence through the Business Surrender Scheme.

The notification period to access the scheme closed on 1 September 2024.

The scheme was available to businesses possessing more than 280 vaping devices or 1,800 vaping accessories, or 12,000mL of vaping substance. Pharmacy and non-pharmacy retailers, wholesalers, manufacturers, importers, exporters, and transport or storage providers were able to participate. 

The TGA is working with participating businesses to arrange the surrender of their goods.

For further information, businesses can refer to the Possession and supply of vaping goods in Australia: Guidance on the legal instrument: Therapeutic Goods (Vaping Goods—Possession and Supply) Determination 2024.

About the regulatory changes

Pharmacies may only sell vapes notified to the TGA as being compliant with the product standards and included on the list of notified vapes.

The new laws make it illegal for non-pharmacy retailers such as tobacconists, vape shops or convenience stores to stock or sell any type of vaping good, including existing stock or to fulfil orders placed before 1 July 2024.

Businesses must hold a relevant licence, permit, consent or other authority from a state or territory government or the TGA, or be otherwise authorised, to participate in the lawful supply chain for vaping goods. Refer to the TGA Vaping Hub for more information and updates.