Smoking and Vaping Ban

Background

An e-cigarette (also known as a ‘vape’) is a battery-powered device that heats liquid (‘e-liquid’ or ‘juice’) into an aerosol, which is inhaled into the lungs.

In Victoria:

• all e-cigarettes, whether they contain nicotine or not, can only be sold in a pharmacy
• all e-cigarettes can only be sold for the purpose of helping people to quit smoking or manage nicotine dependence
• an e-cigarette cannot be legally supplied or sold to a person aged under 18 years, regardless of whether they contain nicotine or not
• persons aged under 18 years who have an e-cigarette on them for personal use cannot be criminally penalised.

Laws impose penalties for unlawful importation, manufacture, supply, commercial possession and advertisement of e-cigarettes.

Therapeutic e-cigarettes sold in Australia must comply with minimum standards about nicotine concentration, flavours and labelling. However:

• therapeutic e-cigarettes have not been assessed for their long-term quality, safety or efficacy by the national regulatory authority for medicines
• e-cigarettes that were previously sold in general retail or online settings had no quality or safety standards.

Some e-cigarettes have been marketed to young people on the claim that they do not contain nicotine. However, most e-cigarettes and vaping liquids in Australia do contain highly addictive nicotine, even if it is not stated on the label.

The e-cigarette industry has also used social media tactics to re-direct young people to online retailers and normalise nicotine dependence.

Harms

Many e-cigarettes contain harmful chemicals that are known causes of cancer, heart disease and lung disease.

Many e-cigarettes and e-liquids also contain nicotine, which is highly addictive. Young people become more easily and rapidly addicted to nicotine than adults. Nicotine harms the way a young person’s brain grows, which may affect memory and concentration. Research from Cancer Council Victoria has found that adolescents who use e-cigarettes are more likely to start smoking tobacco cigarettes.

The role of schools

Students who vape are more likely to be less engaged at school, have lower learning and wellbeing outcomes and participate less in school activities.

A whole-of-school approach to vaping prevention and response can build wellbeing and connection that meaningfully engages students to change behaviour and promote health.

School smoking and vaping ban

The Tobacco Act 1987 (Vic) bans smoking and vaping on school premises, and within 4 metres of any pedestrian access point to school premises. This applies to anyone on school premises during and outside of school hours including students, staff and school visitors.

The department also bans smoking and vaping at school events and excursions held off school premises.