A number of hefty fines have now been introduced by NSW to further discourage retailers and others from selling vaping items containing nicotine after a number of young people have been found to have taken up the habit and be in possession of the nicotine products despite the laws which were designed to prevent them accessing the products.

Online Stores

Online stores selling the items face a maximum penalty of a fine of $1,650.00 per offences, or six months imprisonment, or in some circumstances they face both penalties.

Supplying to Minors

Individuals face fines of up to $11,000.00 for a first offences and fines of up to $55,000.00 for second or subsequent offences.

Corporations face fines of up to $55,000.00 for a first offences and fines of up to $110,000.00 for second or subsequent offences.

In NSW alone this year over $1 million of illegal e-cigarettes and products containing nicotine have been seized by police. This is a third of the amount that has been seized since July 2020. The total number is now at over $3 million worth of the banned products.

Kerry Chant, NSW Chief Health Officer has issued a warning to all retailers that they are cracking down on those retailers who are selling the banned products. A zero tolerance approach is being taken by NSW Health due to the harm these products cause those using them.

NSW Health are conducting regular raids across the state and warn those selling them that they will be caught. Retailers caught selling the banned products will have the items seized and could face prosecution. The penalties for these offences can be fines or a custodial sentence depending on the circumstances.

Health Officials are urging people not to purchase or use the nicotine vaping products due to them being harmful to those using them, especially young people who have been increasingly taking up the vaping “trend”.

In October 2021, laws were passed which allow those over 18 years of age to purchase nicotine vaping products but only with a prescription for smoking cessation purposes. They are able to purchase the products from Australian pharmacies or import the products into Australia with a valid prescription.

In NSW it is illegal for any other retailers to be selling any e-cigarettes or e-liquids which contain nicotine.

The fines have come after alarming numbers of 12 to 17 year old’s have reported purchasing their e-cigarettes and e-liquids themselves causing NSW Health to further crackdown on retailers who are supplying the harmful product to the minors who were not supposed to have access to the products. 

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