Transitional Arrangements for Vaping Goods in Australia: Business Surrender Scheme and Regulatory Changes

The Australian Government has implemented transitional arrangements to regulate vaping goods in the country. The Business Surrender Scheme allows businesses to surrender certain quantities of vaping goods that were lawful before July 1, 2024, but are no longer lawful after the commencement of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024. This scheme is available to businesses with more than 280 vaping devices, 1,800 vaping accessories, or 12,000mL of vaping substance. Businesses must notify the Therapeutic Goods and Other Legislation Amendment (TGA) before September 1, 2024, and must store any vaping goods in a secure location until further advice is provided. Pharmacies are only allowed to sell vapes notified to the TGA as compliant with product standards. Non-pharmacy retailers, such as tobacconists, vape shops, or convenience stores, are prohibited from stocking or selling any type of vaping good. Businesses must hold a relevant license, permit, consent, or other authority from a state or territory government or the TGA to participate in the lawful supply chain for vaping goods.