Australian Border Force (ABF) has issued the below notice on changes to importing of vaping goods.
In 2024, using a phased approach, all vaping goods will become prohibited imports under new regulation 5A of the Customs (Prohibited Imports) Regulations 1956 (Prohibited Imports Regulations). From 1 January 2024, disposable vapes will be prohibited imports. From 1 March 2024, all other vaping goods will become prohibited imports.
Vaping goods are defined in regulation 5A to include vapes, vape substances and vape accessories. All nicotine in a solution is controlled regardless of whether it is intended for vaping.
Summary of ACN 2023/51:
Vapes
Vapes are devices (whether filled with a vape substance or not) that generate or release, or are designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user.
Devices that are vapes include:
- heat not burn devices which heat processed tobacco without combustion and produce a vapour for direct inhalation; and
- e-shisha/e-hookah devices that vaporise vape substances for direct inhalation.
Devices that are not vapes include:
- Devices that release vapour or mist into the air, including devices such as humidifiers, diffusers and some steam inhalers, because the vapour or mist is not for direct inhalation by the user.
- Devices that release vapour, aerosol or mist into the air, and direct that air towards the user through a mask, such as some inhalers and nebulisers;
- Devices that do not produce vapour or mist using a heating element, such as nebulisers and most inhalers;
- Devices that are not electronic such as traditional shishas/hookahs.
Vape accessories
Vape accessories are cartridges, capsules, pods, vials, dropper bottles, drip bottles or other vessels that contain or that are designed or intended to contain, a vape substance.
Liquid nicotine and vape substances
All liquid nicotine is controlled under regulation 5A regardless of whether it is intended for vaping.
Goods presenting as vapes, vape substances and vape accessories
A good will meet the definition of a vaping good if the goods are presented in a way that expressly represents, or implies that the goods are vaping goods.
Disposable vapes
A disposable vape is a vape that:
- is pre-filled with a vape substance; or is designed or intended to be supplied pre-filled with a vape substance; and is not designed or intended to be refilled; and
- is fully assembled with all the constituent components fixed permanently in place and that is not designed or intended to be disassembled; and
- generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user.
Heat not burn devices and heatsticks
Heatsticks made of tobacco intended for use with a heat not burn device are vaping goods and require an import permit under regulation 5A. Heatsticks also require a permit under regulation 4DA of the Prohibited Imports Regulations as tobacco products. Heat not burn devices require a permit under regulation 5A. Heat not burn devices do not require a permit under regulation 4DA.
Regulation 5 (importation of drugs) substances
Refer to ACN 2023-51
Importers
Under the new control only importers who hold both a license to be an importer of vaping goods, and a permit for vaping goods, issued by the Office of Drug Control will be able to import vaping goods.
Traveller exemption
Travellers who arrive in Australia at an airport or seaport with vaping goods in their accompanied baggage will be able to retain their vaping goods as long as the goods are for use in connection with the treatment of the traveller or of another traveller under their care. **Note that limits apply**
Imports through the post
From 1 January 2024, imports of disposable vapes through the post (mail) will be prohibited absolutely. From 1 March 2024, imports of all vaping goods through the post will be prohibited absolutely.
An absolute prohibition for goods in the post means that goods that arrive via the post are prohibited imports even if the importer has an import permit. Vaping goods that arrive via post after the commencement of the import control will be seized as prohibited imports.
Further information
Australian Government reforms for vaping goods can be found at: Reforms to the regulation of vapes | Therapeutic Goods Administration (TGA).
New regulation 5A, please refer to the legislation including the explanatory statement: Customs Legislation Amendment (Vaping Goods) Regulations 2023.
License and permit requirements for vaping goods can be found at: https://www.odc.gov.au/.
As always, if you have any further questions, please do not hesitate to contact one of the professionals within our Customs Brokerage team who are waiting to assist.
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