The vaping of e-cigarettes has in the past decade rapidly been regarded as an important health issue, particularly with respect to our youth. E-cigarettes, commonly referred to as “vapes”, are battery-powered or rechargeable devices that deliver chemicals via an aerosol vapour to the lungs. The devices mirror cigarettes in their inhaling function. Many vapes contain nicotine, although nicotine-free vapes are also common, with there being a variety in ingredients and designs across different vaping products.
The Federal Government responded by making the importation of disposable vapes illegal from 1 January 2024, unless the importer holds a licence and permit issued by the Office of Drug Control (ODC) under regulation 5A of the Customs (Prohibited Imports) Regulations 1956.
Furthermore, since 1 March 2024, importers require a licence and permit issued by the ODC to import other vaping goods, such as devices, substances, and accessories.
The required licences to import these goods are only available to businesses. However, there is an exemption for travellers, who are permitted to bring a maximum of 2 disposable or reusable vapes with them, 20 vape accessories, including cartridges, capsules or pods, and 200mL of vape substance in liquid form.
A conviction for the illegal importation of vapes can have serious consequences. If you or anyone you know have been charged with the illegal importation of vapes, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE PENALTY FOR THE ILLEGAL IMPORTATION OF VAPES?
Section 14 of the Therapeutic Goods Act 1989 (Cth) makes it a criminal offence to import therapeutic goods, such as vapes, which do not comply with the standards. Anyone convicted of the illegal importation of vapes under this legislation is liable to a maximum penalty of 5 years imprisonment and/or a fine of $1,320,000.
If the prosecution is unable to prove that the use of the goods will result in, or would be likely to result in, harm or injury to any person, the maximum penalty is reduced to 12 months imprisonment and/or a fine of $330,000.
WHY THE TOUGH RESPONSE FROM THE GOVERNMENT?
The Federal Government decided to take a tough approach and criminalise the importation of vapes following statistics and reports that the use of vapes was widespread, including amongst school students. Concerns were held that people were using vapes as an alternative to cigarettes, only to then get addicted to vapes which itself can have disastrous health effects.
Statistics from Cancer Council NSW found that in 2022-2023, 13.3% of people in Australia aged between 15-24 were vaping. Not only was this number highly concerning, it represented an extraordinary almost six-fold increase from 2019, when 2.3% of people aged 15-24 were vaping.
Vapes cause serious health problems, including poisoning, seizures, burns and lung disease and in addition to nicotine, vapes can have over 100 chemicals and toxins which are also located in nail polish, weed killer, cleaning products and bug spray.
NEW APP DEVELOPED TO HELP WITH VAPE ADDICTION
The responses from governments to the vaping pandemic are not limited to criminalisation of the importation of vapes. The NSW Government last week launched a new app called ‘Pave’, which was developed by the Cancer Institute NSW in order to assist people to quit vaping. The app provides users with tips, tracking tools, motivation, distractions from cravings, activities and important information to navigate common barriers to quitting. It also contains a daily check-in feature enabling users to reflect on their progress, as well as a function to connect with Quitline counsellors.
The NSW Government’s broad campaign to persuade youth to quit vaping has until this point yielded astonishing results, with just under 40,000 young people in NSW reported to have quit vaping. The latest ‘Pave’ app will surely contribute to an increase in that amount.
Whilst the NSW Government’s focus on supporting and assisting people to quit vaping does count as an expense from the state budget, it is a worthy investment as the reduction in the negative health effects of vaping that the people would otherwise suffer from will reduce the state’s medical costs and burden on the NSW Health system. Nevertheless, the health and life of our citizens should supersede any budgetary concerns.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the illegal importation of vapes, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning criminal law specialists have proven results in securing the best outcomes for our clients across NSW who have been charged with the illegal importation of vapes.