Vaping

For free and confidential legal advice about vaping, contact us here. 

Vapes are used to smoke, and they are sometimes called e-cigarettes. They can come with or without nicotine. It is against the law to have a vape that has nicotine without a prescription in Queensland.

Is buying vapes legal in Queensland?

In Queensland, it is illegal to buy (or have) a vape with nicotine without a prescription from a doctor. People who are 18 or over can buy vapes that don’t contain nicotine. 

If you are under 18, it is illegal for someone to sell you any kind of e-cigarette (it doesn’t matter if it contains nicotine, or not). It is also illegal for someone who is aged 18 or over (and who is not your parent or guardian) to buy a vape for you.

Where can I vape?

In Queensland, it is against the law to vape in an enclosed place (other than someone’s private house). A place is enclosed if it has a roof, and is mostly surrounded by walls (even if there are doors or open passageways).

Some examples of places that are usually enclosed places are:

• Shopping centres; 
• Indoor restaurants, cafes and dining areas; 
• Pubs, clubs and bars (except designated smoking areas); 
• Indoors at schools, colleges and universities; 
• Community centres, halls and churches; 
• Theatres, libraries and galleries; 
• Public transport (buses, trains, trams, aeroplanes, taxis, ferries); 
• Gyms and sporting facilities; 
• Hospitals. 

It is against the law to vape within 5 metres of the entrance to any of these places.

You also can’t vape in some outdoor areas, like: 

• Outdoor eating and drinking areas of cafes and restaurants;
• Sport venues; 
• Patrolled beaches;
• Near public pools and swimming areas;
• Near children’s playgrounds.

You can be given a penalty if you are caught vaping in any of these places.

Can I vape in a car?

 It is illegal to smoke in a car if there is someone younger than 16 years old in the car. You also cannot smoke in a car if the car is being used for business reasons (for example, while you are at work) and someone else is in the car. Smoking includes vapes as well as cigarettes. Police can give you a fine on the spot if you are caught smoking in the car with someone who is under 16.

Can police confiscate a vape?

If the police think that you’re under 18 and have been given a vape, they can take it from you. You will probably be asked for ID first. Anything confiscated from you will probably not be returned. 

What can happen if I vape at school?

Vaping is banned on all school grounds in Queensland. This includes in school buildings, gardens, sports fields and car parks.  

Private and public schools may also have their own rules about vaping at school. If you want to know what your school rules say, you can ask someone at your school (such as a teacher or principal) for a copy of your school rules, or have a look on your school’s website. 

If you break school rules, for example by vaping, taking vapes to school or giving vapes to another student, then the school can take disciplinary action.   

If you are in trouble for having or using a vape at school, you can contact us for advice here. You can also check out our pages on suspensions and expulsions. 

More information about vaping

If you are thinking of vaping, it’s really important to find out about the health risks so you can make an informed choice. You can find out more from Queensland Health, here. 

If you are feeling pressured to vape, or if there is anything else that is troubling you, you can contact the Kids Helpline for 24/7 free and confidential support. Their number is 1800 55 1800 and their website is here. 

If you want help to stop vaping, or if you have questions about vaping, you can talk to your doctor, a youth health service, or you can call the Queensland Quitline on 13 78 48. 

If you want legal help with a vaping problem, and you are under 25, you can contact us for free and confidential help here.