Business surrender scheme for vaping goods

To support the Government’s reforms to the regulation of vaping goods in Australia, transitional arrangements have been put in place. These arrangements allow 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.

The Business Surrender Scheme allows businesses to surrender specified quantities of vaping goods that were lawful prior to 1 July 2024 but that are no longer lawful following the commencement of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 on 1 July 2024. 

The scheme is available to businesses possessing more than 280 vaping devices or 1,800 vaping accessories, or 12,000mL of vaping substance. 

Businesses that wish to participate must notify the TGA before 1 September 2024 by email to vapereturn@health.gov.au. The scheme is available to pharmacy and non-pharmacy retailers, wholesalers, manufacturers, importers, exporters, transport or storage providers.

The TGA will work with you to arrange surrender of the goods. Businesses will be required to store any vaping goods in a secure location until further advice is provided by the TGA.

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 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.