Maximum penalties for illegal vape supply are set to soar from $1,650 to approximately $1.54 million, with prison sentences increasing from six months to seven years.
The NSW Government has introduced the legislation in the NSW Parliament as it moves to align vaping offences with the Commonwealth’s.
Offences will also be added for possession of commercial quantity of vaping products and for retailer possession of vaping products.
As with the Commonwealth vaping reforms, the intent of these offences is to target suppliers over individual users of vaping products. The introduction of new illegal vape penalties comes as the Government has seized over 300,000 vaping products over the past year.
Between 1 July 2024 to 30 September 2024, 42,000 products were seized from 362 inspections.
This is compared to the same period the previous year when 153,000 products were seized from 290 inspections.
The lower number of products seized in the most recent quarter may be the result of the disruption in product availability in the market following the introduction of new Commonwealth vaping laws.
The NSW Government announced in October it would recruit an additional 14 enforcement officers to strengthen compliance efforts for vaping and tobacco products across the state.
NSW Health recognises the importance of supporting pharmacists, prescribers, and wholesalers in complying with laws regarding the supply and sale of therapeutic vaping products and has introduced an eCigarette Compliance Program to assist with this. The program’s initial focus is on providing support to pharmacists, with a team of specialised compliance officers visiting pharmacies across the state to offer on-site education and guidance.
NSW Health partners with the Commonwealth, NSW Police, the Therapeutic Goods Administration, and Australian Border Force on enforcement related to illegal vape and tobacco sales, sharing intelligence, and working on joint operations.
More information on the supply of therapeutic vaping products in NSW is available on the NSW Health website here: https://www.health.nsw.gov.au/pharmaceutical/Pages/Nicotine-vaping.aspx
For more information about the vaping reforms go to the Therapeutic Goods Administration vaping hub at www.tga.gov.au or contact them on 1800 020 653.
Quotes attributable to Minister for Health, Ryan Park:
“The prevalence of illegal vaping devices in our community, and in particular among our young people, is deeply concerning.
“We have a once-in-a-generation opportunity to the stem the tide of this public health challenge.
“I am very encouraged by the progress we are making in terms of removing these harmful devices from our streets.
“And I am pleased to announce that we are augmenting our efforts by introducing harsher penalties to target suppliers.”
Quotes attributable to NSW Health Acting Chief Health Officer Dr Michelle Cretikos:
We take our compliance role seriously. We are committed to removing as many illegal vapes as we can, particularly to stop them falling into the hands of young people.
“We don’t want people to vape, and if they are trying to quit smoking or to quit vaping, we have supports in place to help. Call the Quitline on 13 7848, visit icanquit.com.au or speak to your GP.
“If you think a tobacco or e-cigarette retailing law has been broken by a retailer in NSW, you can report this via the NSW Health website.”
