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 Victoria. 

What does the law say about buying vapes?

In Victoria, 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 else to buy a vape for you.

Where can I vape?

In Victoria, it’s against the law to smoke in a smoke-free area. All enclosed workplaces are smoke free areas. Enclosed workplaces are places that have a roof, are mostly surrounded by walls (even if there are doors or open passageways), and where at least one person works.

Some examples of places that are would be smoke free areas are indoor areas in: 

• Shopping centres;
• Restaurants, cafes and dining areas;
• Pubs, bars and clubs; 
• Schools and universities; 
• Community centres, halls and churches; 
• Theatres, libraries and galleries;
• Gyms and sporting facilities; 
• Hospitals.

It’s also illegal to vape anywhere when an underage music event is taking place.

Some outdoor areas are also smoke-free areas. These include: 

• Places near outdoor children’s play equipment;
• Swimming pool complexes;
• Patrolled beaches (between or within a 50m radius of the red and yellow flags);
• Skate parks;
• Organised underage sporting events (eg. a sports ground).

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 18 years old in the car. Smoking includes vapes as well as cigarettes. Police can give you a fine if you are caught.

Can police confiscate a vape?

If you are under 18 and have a vape, the police 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 Victoria. This includes in school buildings, gardens, sports fields, car parks and within 4 metres of any pedestrian entrance to school premises. Vaping is also not allowed during school events and excursions held off school premises. 

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 on the Victorian Government’s Better Health Channel page 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 Victoria Quitline here. 

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