Lawful possession and supply of vaping goods in Australia: What’s changed

We have updated the rules for lawfully handling vaping products in Australia. These changes make it clearer for businesses that need to lawfully possess and supply vaping goods as part of their operations.

What’s new

The Therapeutic Goods (Vaping Goods - Possession and Supply) Determination 2024 (41R Determination) has been updated to:

• extend exemptions that allow lawful possession and supply of vaping goods for essential purposes, including supporting the therapeutic vape supply chain (such as transport, storage and disposal) and use in medical or scientific research.
• remove transitional exemptions that were introduced to support the initial implementation of vaping reforms that have now expired.
• introduce new exemptions for specified persons or groups to possess and supply vaping goods for activities such as destruction, remanufacture, lawful export and returning unused stock through the supply chain.

Who is affected

These changes mainly affect:

• Sponsors
• Wholesalers
• Manufacturers
• Pharmacies
• Hospitals
• Storage businesses
• Transport businesses

Key points

Disposal: Sponsors, wholesalers, and manufacturers have up to 6 months to possess or supply goods that are no longer registered or exempt, but only for destruction, disposal, or further manufacturing.

Lawful export: Exporters of therapeutic vaping goods that are registered, listed or included on the Australian Register of Therapeutic Goods (ARTG) for export, may possess or supply these goods for export.

Healthcare: Pharmacies, hospitals, and other healthcare facilities can possess vaping goods for disposal and supply them to an authorised disposer or transport service, including illicit products surrendered by individuals for safe disposal.

Returns: Pharmacies, hospitals and other healthcare facilities can return therapeutic vaping goods that are unsuitable for supply to the appropriate part of the supply chain i.e. sponsor or wholesaler. Wholesalers can also return goods received from healthcare facilities back to sponsors.

These changes help keep the community safe by ensuring vaping products are handled legally and responsibly. They help clarify the roles and responsibilities of individuals and groups involved in supporting essential functions in the lawful supply chain for therapeutic vaping goods.

The Therapeutic Goods Act 1989 (TG Act) strictly regulates vaping goods in Australia. It prohibits the importation, manufacture, supply, advertising, and commercial possession of any vaping good unless an exception applies.

There are significant penalties for non-compliance. A person who fails to comply with these restrictions may be prosecuted for an offence or subject to civil penalty proceedings.

The 41R Determination sets out additional circumstances in which a person will not be acting unlawfully or in breach of relevant offences or civil penalty provisions relating to possessing and supplying vaping goods.

The TGA’s Vaping Hub provides up-to-date information on the definition and regulation and vapes, including regulatory changes and how they impact the Australian community, industry and health practitioners.

Read in full the Therapeutic Goods (Vaping Goods - Possession and Supply) Amendment Determination (No. 2) 2025 on The Federal Register of Legislation.