The importation of vaping goods is subject to regulation 5A of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations).
From 1 January 2024, the import of disposable vapes is prohibited unless the importer holds a licence and permit issued by the Office of Drug Control (ODC) under the PI Regulations.- From 1 March 2024, the import of other vaping goods, including devices, accessories, and substances, will require a licence and permit issued by the ODC.
- Only businesses will be eligible to obtain import licences and permits for vaping goods.
Your company or business will need to meet certain criteria to be granted a licence or a permit to import vaping goods into Australia. A permit to import each specific type of vaping good is required.
The Import of a vaping goods which contains a drug may require two licences and permits under the PI Regulations.
- A licence and permit to import drug controlled under Regulation 5 of the PI Regulations
- A Licence and permit to import vaping goods under Regulation 5A of the PI Regulations.
Regulation 5 (importation of drugs) substances
Some vaping goods that contain controlled substances, such as medicinal cannabis or other drugs under the PI regulations, will require separate licences and permits to import both the substance and the vaping goods.
If you are intending to import a Regulation 5 substance (drug) such as cannabis oil which is contained within a disposable vape or a vape accessory, and you already hold a licence to import this substance, you will not require an additional licence to import the vaping good or the vape accessory containing the Regulation 5 substance. If you do not hold a licence to import the regulation 5 substance, you will need to apply for a licence to import narcotic, psychotropic substances.
In addition to the licence to import narcotic, psychotropic substances, you will also require a permit to import narcotic, psychotropic substance under the PI regulations. An import permit for each shipment is required for controlled drugs under the PI Regulations.
You will not need a separate licence or permit for the disposable vape or a vape accessory which contains a regulation 5 substance under the PI Regulations.
If you are intending to import a regulation 5 substance alongside (in the same consignment, whether or not the substance is contained in a vape accessory), or within a reusable vape, you will need to have a licence and permit to import vaping goods.
Licence to import cannabis and other drugs
Licence to import narcotic, psychotropic substances
Permit to import cannabis and other drugs
Permit to import the controlled substance,
Vaping Accessories to be used with cannabis and other drugs
If you import a vape accessory to be used with the drug substance you will require a licence and permit to import the accessory.
A vape is a device (whether or not filled with a vape substance) that generates or releases using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user.
A vape accessory is a cartridge, capsule, pod, vial, dropper bottle, drip bottle or other vessel that contains, or designed to contain, a vaping substance.
A vaping substance is a liquid or other substance intended for use in a vape, or nicotine in solution in any concentration, including in salt or base form.
Before an import permit for the accessory (which does not control a drug) can be granted under a vaping good import licence, the vaping good must either be included in the Australian Register of Therapeutic Goods (ARTG), or a notice must be given to the Therapeutic Goods Administration (TGA) which complies with applicable requirements under the Therapeutic Goods Act 1989.
For more information on the notification process and why these changes are taking place, visit the Vaping hub | Therapeutic Goods Administration (TGA), or contact the Therapeutic Goods Administration (TGA).
Licence to import vaping goods
Application for a licence to import vaping goods
Guidance for completing an application for a licence to import vaping goods
Permit to import vaping goods
You must hold a licence to import vaping goods before you apply for an import permit.
Application for a permission to import vaping goods
Guidance for completing an application for a permission to import vaping goods
Frequently asked questions (FAQ)
Vaping goods consist of vapes, vape accessories and vaping substances.
A vape is a device (whether or not filled with a vape substance) that generates or releases using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user. This includes parts of the vape including batteries (e.g. 510 batteries) that provide the electronic mechanism to heat the element to produce the aerosol, vapour or mist.
A vape accessory is a cartridge, capsule, pod, vial, dropper bottle, drip bottle or other vessel that contains, or designed to contain, a vaping substance.
A vaping substance is a liquid or other substance intended for use in a vape, or nicotine in solution in any concentration, including in salt or base form.
Licences and permits are not granted to individuals for personal import. Only businesses will be eligible to obtain import licences and permits for vaping goods.
Where the vaping substance is separate from the vape accessory, the vaping accessory it must either be registered on the Australian Register of Therapeutic Goods (ARTG) or provide a provide pre-market notifications to the TGA declaring compliance with the relevant product standards (e.g. TGO 110), before import permission can be granted.
Yes, if the device uses an electronic heating element to produce or release an aerosol, vapour or mist for direct inhalation by its user, the changes apply.
Examples of devices that are not vaping devices include the following:
(a) humidifiers;
(b) diffusers;
(c) nebulisers;
(d) inhalers.
These devices can continue to be imported if they are either registered on the Australian Register of Therapeutic Goods (ARTG) or provide a provide pre-market notifications to the TGA declaring compliance with the relevant product standards (e.g. TGO 110), prior to the importation or supply of those goods;
and
You hold a licence and permit to import under Regulation 5A of the Customs (Prohibited Imports) Regulations 1956
A disposable vape refers to a vaping device that:
- is fully assembled with all the components permanently fixed in place; and
- is not designed or intended to be disassembled; and
- is pre-filled with a therapeutic vaping substance.
Once granted, the licence has no expiration date. However, the licence may be revoked at any time if the importer does not meet the conditions specified on the licence.
Yes. A licence to import S8 and S4 substances is a separate requirement of the state and territories and does not give you permission to import cannabis or vaping goods.
The import of a controlled substance (e.g medicinal cannabis in a vaping pod) does not require and additional licence and permit under the vaping reforms.
However new licence and permit will be required for the vaping accessory (e.g. 510 battery) to be used with the vaping pod.
If you are intending to import a disposable vape, containing medicinal cannabis or a vape accessory containing medicinal cannabis, you will not require an additional licence and permit to import vaping goods. You will only need to meet already existing requirements and hold a licence and permit to import narcotic, psychotropic and precursor substances.
A licence to import vaping goods is required before any import permits can be granted. The licence specifies authorised companies or individuals who are permitted to import controlled goods. The licence does not provide permission to import the controlled goods.
A permission (permit) provides the authorised company or individual with permission to import the controlled goods. Each type of controlled good intended to be imported requires a separate permit.