Are Electronic Cigarettes banned in Australia? The whole truth.


The use of e-cigs in Australia has been a much debated topic. The sale of the e-cigarette in the Western Region of Australia has recently been banned. This comes after a significant legal case which may create a sweep of bans across the entire country. The ruling came from the Supreme Court which stated that the product which was being sold by the e-ciggy seller HeavenlyVapours was in violation the Tobacco Products Control Act 2006.  

ban on e-cigarettes

This product should not have been designed to resemble the cigarette. Since the e-cig is actually made to look like the cigarette, is shaped very similarly to the cigarette and the vapour resembles the smoke from the cigarette, it is considered to be a breach of the law. This case has been ongoing since 2011 when the WA Health Department paid a visit to the owner of HeavenlyVapours, to carry out a search.

 
From this search, a total of nine electronic cigarette atomizers and sixty packages of e-cigs were recovered by the Health Department. Upon bringing the case to the Magistrate Court, the charges were dropped due to rejection. The Health Department was however successful in its appeal to the Supreme Court which caused a reopening of the case. With this ruling, individuals in Western Australia, which are over the age of eighteen, may only purchase a pack of cigarettes and inhale the nicotine directly into the lungs. They cannot however decide to purchase a cigarette which is battery power and uses the purer form of the nicotine. Awaiting sentencing, the owner has started a crowd fund in an effort to carry out action for the free use of e-cigarettes without legal ramifications. 

So far this fund has reached more than 25% of the targeted amount. This action is to defend the rights of individuals to make their own decisions.

 
The judgment by the Western Australia Supreme Court will certainly have implications for the retailers of electronic cigarettes in the other states. In other mainland states such as South Australia, NSW and Queensland, there are similar laws which will prevent the selling of and perhaps permit the banning of the product as it is made to look like the cigarette.

Actually, these provisions are against the manufacturing and use of any product that is made to look like a tobacco product. In the ACT and Tasmania however the restriction on the sale of products which look like a tobacco or smoking product is only for toys. If the product is being marketed for children in the Northern Territory, then there is a definite restriction in this instant. At this point, the e-cigarette producers and sellers in Australia are continuing business in the hope that there will be an overturning of the prohibitive laws. There are quite a number of e-cig vendors that would be affected if there is a nationwide ban of the product. In Australia, nicotine is a Schedule 2 drug which means that it may only be sold by a pharmacy.

 
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So, are Electronic Cigarettes legal in Australia?



All our products are shipped to Australia from overseas. According to the Australian Department of Health, you are permitted to import nicotine for your own personal use (not for sells) and you are permitted to receive it by mail up to a 3 months supply. To be sure about the legislation, please contact your State.

 


Do we sell e-cigarettes and nicotine liquids?

Yes, we do! It might be illegal to sell e-cigs with nicotine liquids in Australia. However, we are a European company based in Europe, where we allow to sell eciggies. 


Many e-cigarette users buy e-cigarette starter kits and all e-cig supplies online from our shop. The shipping is on the same day and it takes to Australia takes around 1-2 weeks. Buy with confidence! 

 

 


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