Sydney Vape Importation Lawyers: Australia has implemented some of the world’s strictest regulations on vaping products, with significant criminal penalties now applying to the unlawful importation, supply, and commercial possession of vapes. If you’ve been charged with a vape-related offence, or are concerned about your legal exposure, understanding these laws is essential.
The Crackdown on Illegal Vapes: Sydney Vape Importation Lawyers Weigh In
The Australian Government has dramatically overhauled vaping regulations in recent years, driven by public health concerns about youth vaping rates and the infiltration of organised crime into the illicit vape market. What was once a regulatory grey area is now subject to substantial criminal sanctions.
The Australian Border Force (ABF) seized more than 6 million illicit vaping products in the 2024-25 financial year alone, with a further 586 million cigarettes and 3 million vapes intercepted in just the first quarter of the 2025-26 financial year. These record-breaking figures highlight the scale of enforcement activity, and the serious legal risks facing those involved in the illicit vape trade.
Key Legislation Governing Vape Importation
Several Commonwealth and state laws work together to regulate vape importation in Australia:
Commonwealth legislation includes:
- Therapeutic Goods Act 1989 (Cth)
- Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024
- Customs Act 1901 (Cth)
- Customs (Prohibited Imports) Regulations 1956
In New South Wales, relevant laws include:
- Public Health (Tobacco) Act 2008 (NSW)
- Poisons and Therapeutic Goods Act 1966 (NSW)
- Smoke-free Environment Act 2000 (NSW)
What Makes Vape Importation Illegal?
Since 1 January 2024, the importation of disposable vapes has been prohibited in Australia, regardless of nicotine content. From 1 March 2024, these restrictions were extended to all vaping products, including refillable devices, e-liquids, and vaping accessories.
To lawfully import vapes into Australia, you must hold both a licence and a permit issued by the Office of Drug Control (ODC) under regulation 5A of the Customs (Prohibited Imports) Regulations 1956. These are only available to registered businesses that have also notified the Therapeutic Goods Administration (TGA) of compliance with applicable product standards.
Critically, the Personal Importation Scheme, which previously allowed individuals to import nicotine vapes for personal use with a prescription, was closed on 1 March 2024. This means Australian patients cannot legally order vapes from overseas, even with a valid prescription.
Understanding “Commercial Quantities” Under Commonwealth Law
A key concept in vape offences is the “commercial quantity.” Under the Therapeutic Goods Act 1989 (Cth) and Therapeutic Goods Regulations 1990, the commercial quantities from 1 October 2024 are:
- Vaping devices: 9 units
- Vaping accessories (pods, cartridges): 60 units
- Vaping substances (e-liquid): 400mL
These thresholds changed over time. From 1 July to 30 September 2024, the commercial quantities were 14 devices, 90 accessories, and 600mL. Understanding which quantities applied at the relevant time is crucial when assessing charges.
Possessing at or above these commercial quantities without authorisation triggers the most serious Commonwealth offences under section 41QC of the Therapeutic Goods Act.
Commonwealth Criminal Offences and Penalties: Sydney Vape Importation Lawyers
From 1 July 2024, new criminal offences and civil penalty provisions apply under Part 4A of the Therapeutic Goods Act 1989 (Cth). The Commonwealth framework uses a tiered penalty structure based on quantity:
Section 41QC: Possessing at Least a Commercial Quantity
| Quantity Possessed | Maximum Penalty (Individual) |
|---|---|
| At least commercial quantity but less than 100× | Up to 2 years imprisonment and/or significant fines |
| At least 100× but less than 1,000× commercial quantity | Up to 5 years imprisonment and/or significant fines |
| At least 1,000× commercial quantity | Up to 7 years imprisonment and/or fines up to thousands of penalty units |
Note: Penalty unit values are periodically updated. As at January 2026, one Commonwealth penalty unit equals $313. Maximum fines for individuals can reach approximately $2.19 million (7,000 penalty units) for the most serious offences, with corporations facing substantially higher amounts.
Other Key Commonwealth Offences
| Offence | Maximum Penalty |
|---|---|
| Unlawful importation of vapes (s 41QA) | Up to 7 years imprisonment and/or up to 5,000 penalty units (approx. $1.57 million) |
| Unlawful supply of vapes (s 41QB) | Up to 7 years imprisonment and/or up to 5,000 penalty units |
| Importing goods not complying with standards (s 14, where harm results) | Up to 5 years imprisonment and/or up to 4,000 penalty units |
| Importing prohibited goods (Customs Act s 233BAA – tier 1 goods) | Up to 5 years imprisonment and/or $275,000 (or 3× value of goods) |
Corporations face maximum civil penalties of up to 50,000 penalty units (approximately $15.65 million) or more for serious contraventions.
For further detail on compliance and enforcement, see the TGA’s Vapes: Compliance and Enforcement guidance.
NSW State Offences and Penalties: Sydney Vape Importation Lawyers
NSW has enacted its own strict framework under the Public Health (Tobacco) Act 2008 (NSW), as amended. NSW penalties operate separately from, and in addition to, Commonwealth offences, meaning you could face charges under both frameworks for the same conduct.
Key NSW Offences (as at late 2025)
| Offence | Maximum Penalty |
|---|---|
| Supplying vaping goods (s 20) | Up to 7 years imprisonment and/or 14,000 penalty units (approx. $1.54 million) |
| Possessing at least 1,000× commercial quantity (s 21) | Up to 7 years imprisonment and/or 14,000 penalty units |
| Possessing 100× to <1,000× commercial quantity (s 21) | Up to 5 years imprisonment and/or 10,000 penalty units |
| Possessing commercial quantity to <100× commercial quantity (s 21) | Up to 2 years imprisonment and/or 2,800 penalty units (approx. $308,000) |
| Retailer possessing less than commercial quantity on retail premises (s 22) | Fines apply |
| Possessing nicotine without prescription (Poisons and Therapeutic Goods Act s 16) | 6 months imprisonment and/or $2,200 |
| Landlord knowingly permitting illicit tobacco/vape sales | Up to 1 year imprisonment and/or $165,000 |
Note: NSW penalty unit values differ from Commonwealth values. As at late 2025, one NSW penalty unit equals $110.
NSW Health also has power to issue closure orders for up to 90 days without a court order, or up to 12 months with a court order, against premises selling illicit tobacco or illegal vapes.
Personal Possession: What’s Exempt?
Commonwealth Position
The Commonwealth reforms do not criminalise personal possession in all circumstances. Under section 41QC of the Therapeutic Goods Act, an exception applies where:
- The individual possesses vaping goods that were lawfully supplied to them;
- The goods are for their personal use; and
- The quantity is less than 5 times the commercial quantity that applied for the relevant period.
This means that from 1 October 2024, personal possession of less than 45 devices, 300 accessories, or 2,000mL of vaping substance may be exempt from Commonwealth prosecution, provided the goods were lawfully obtained and are genuinely for personal use.
Important limitations:
- This exception does not apply to retailers possessing any quantity on retail premises
- It does not override state or territory offences
- It does not apply if the goods were not lawfully supplied (e.g., purchased from the black market)
For detailed guidance on exceptions, see the TGA’s Possessing and Supplying Vaping Goods in Australia guidance document.
NSW Position
Even if you fall within the Commonwealth personal-use exception, you may still face charges under NSW law. In particular, possessing nicotine-containing vapes without a valid prescription from an Australian medical practitioner remains an offence under the Poisons and Therapeutic Goods Act 1966 (NSW), carrying a maximum penalty of 6 months imprisonment and/or a $2,200 fine.
The Organised Crime Connection: Need Sydney Vape Importation Lawyers?
Illegal vape importation is not treated as a minor regulatory matter. Law enforcement agencies across Australia have identified clear links between illicit vape trafficking and serious organised crime.
Victoria Police Commander Paul O’Halloran has publicly stated that the trafficking of illicit tobacco and vapes by organised crime groups goes hand in hand with a range of other serious and violent offending, including arson, extortion, money laundering, and firearms offences. In February 2024, six people were arrested in Victoria over an alleged $15 million illicit tobacco import, with several allegedly linked to a Melbourne-based Middle Eastern organised crime syndicate.
In September 2025, the alleged ringleader of a criminal syndicate was charged with facilitating the importation of more than seven tonnes of tobacco, 5 million cigarettes, and more than 5,000 vapes over a 10-month period, with the operation allegedly worth $36 million.
These cases demonstrate that vape importation charges can quickly escalate into serious organised crime investigations, with the AFP, ABF, and state police working together through Joint Organised Crime Taskforces.
Exceptions to the Prohibition
Limited exceptions exist to the general prohibition on vape importation:
Traveller’s Exemption
Individuals arriving in Australia by air or sea may bring a limited quantity of vapes, but only where the vapes are for the therapeutic treatment of the traveller themselves, or for someone under their care who is entering Australia on the same ship or aircraft. The limits are:
- Maximum 2 vaping devices
- Maximum 20 vaping accessories (pods, cartridges)
- Maximum 200mL of vaping substance
For full details on the traveller’s exemption, see the ODC guidance on importing vaping goods and Australian Customs Notice No. 2023/51.
Critical exclusion: Vapes containing cannabis or other substances controlled under regulation 5 of the Customs (Prohibited Imports) Regulations 1956 are not covered by this traveller’s exemption and remain strictly prohibited. Cannabis vapes are subject to separate, stricter controls.
Licensed Importers
Businesses that hold both an ODC licence and import permit, and have notified the TGA of compliance with product standards, may lawfully import therapeutic vapes for supply through the pharmacy network. See the TGA’s information for sponsors, importers and manufacturers for detailed requirements.
Enforcement Powers
The TGA, ABF, and state health departments have broad enforcement powers, including:
- Seizure and destruction of unlawful vaping goods
- Search warrants executed at homes, businesses, and storage facilities
- Infringement notices (on-the-spot fines)
- Criminal prosecution and civil penalty proceedings
- Business closure orders (up to 90 days without court order, or 12 months with court order in NSW)
- Information sharing between Commonwealth and state agencies
Recent enforcement operations demonstrate the coordinated approach being taken. In February 2024, a joint operation across Sydney resulted in seizures worth $12.5 million from 39 locations. In Queensland’s Operation Appaloosa in March 2025, authorities seized more than 76,000 vapes, 19 million illicit cigarettes, and 3.6 tonnes of loose tobacco.
Read our successful Criminal Case Studies.
What Should You Do If Charged? Contact Sydney Vape Importation Lawyers
If you’ve been charged with a vape importation or supply offence, or if you’re under investigation, you should:
- Exercise your right to silence. Do not make admissions or provide explanations to police or customs officers without first obtaining legal advice.
- Contact an experienced criminal defence lawyer immediately. These charges carry serious penalties, including imprisonment, and the legal framework is complex.
- Preserve evidence. If you believe you have a valid defence, such as operating under the traveller’s exemption or holding appropriate licences, gather documentation to support this.
- Understand the charges. Vape offences can arise under multiple pieces of legislation simultaneously. A charge under the Customs Act may be accompanied by charges under the Therapeutic Goods Act and state legislation.
Potential Defences
Several defences may be available depending on your circumstances:
- Lawful authority: You held the required licence and permits from the ODC and TGA
- Traveller’s exemption: You brought vapes into Australia within permitted quantities for your own therapeutic treatment or for someone in your care
- Personal use (Commonwealth): You possessed less than 5× the commercial quantity, the goods were lawfully supplied to you, and they were for personal use
- Prescription: You held a valid prescription from an Australian medical practitioner (may assist with state-level nicotine possession charges)
- Lack of knowledge: You did not know, and could not reasonably have known, that the goods were prohibited
- Duress or necessity: In limited circumstances
The prosecution must prove each element of the offence beyond reasonable doubt. An experienced criminal defence lawyer can identify weaknesses in the prosecution case and advise on the best strategy for your circumstances.
How O’Brien Criminal & Civil Solicitors Can Help: Our Sydney Vape Importation Lawyers Are Experts
At O’Brien Criminal & Civil Solicitors, we have extensive experience defending clients charged with serious criminal offences, including drug importation and supply charges. Vape importation offences involve the same complex Commonwealth customs and therapeutic goods legislation that applies to drug offences, and require specialist expertise to navigate effectively.
Our team can assist you with:
- Emergency legal advice following arrest or seizure of goods
- Representation in police interviews and regulatory inquiries
- Bail applications where you have been charged with serious offences
- Building a robust defence strategy tailored to your circumstances
- Negotiating with prosecutors to achieve the best possible outcome
- Court representation at all levels, from Local Court to District Court and beyond
If you or someone you know is facing vape importation charges, don’t delay in seeking legal advice. The earlier you engage experienced representation, the better positioned you will be to protect your rights and achieve the best outcome.
Contact Us: Sydney Vape Importation Lawyers
📞 Call us today: 02 9261 4281
Available Monday to Friday, with urgent after-hours support for arrests and seizures.
📍 Visit us: Level 4, 219-223 Castlereagh Street, Sydney NSW 2000
📧 Request a callback: Contact us online and we’ll be in touch within 24 hours.
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Disclaimer: This article provides general information only and does not constitute legal advice. The law in this area is complex and subject to change. Penalty unit values are updated periodically; readers should verify current values when calculating potential fines. You should seek specific legal advice about your individual circumstances.
Last updated: January 2026
