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Australian Vape Business (Nicotine)

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Alexa123 View Drop Down
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Joined: 01/August/2017
Location: Australia
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  Quote Alexa123 Quote  Post ReplyReply Direct Link To This Post Topic: Australian Vape Business (Nicotine)
    Posted: 01/August/2017 at 00:14
Hello,

I have a legal question regarding Vape business's operating/owned by Australians.

I know it's perfectly legal to sell vape hardware, and non-nicotine eJuice's here. My question is in regard to nicotine infused juices.

I've found a few websites business's online targeting Australia customers operating selling nicotine juices without problem. They appear to be offshore (as in not in Australia) but a WhoIS check shows their domains are registered to Australian residents.

So is this legal, a loophole or a grey area? You can sell, as long as your inventory and shipping is done offshore?

Thank you for your time.

citizen181 View Drop Down
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Joined: 02/February/2012
Location: Australia
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  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 01/August/2017 at 15:29
I suggest that this is a loophole, if it is being done at all legally, which is a doubtful proposition. Nicotine is a Schedule 7 poison and as such a controlled drug in Australia and can only be sold as a licensed medication. So it may well be that you would have to go through a licensing process with the Therapeutic Goods Administration to have your product tested and licensed for sale. If you are just a lay person chances would be highly unlikely, especially given the state of other vape products and nicotine. Still give the TGA a call and ask the experts the question.

An Update: After a quick check of the laws, the last sentence of your original post has the answer. You can be an agent for companies registered and selling such products overseas. Deliveries can be made to Australian customers provided it is sent to them directly and only for their personnel use. You cannot hold inventory in Australia and product may still be subject to Border Control interception and seizure. So you would need to enter into a binding reseller agreement for an overseas entity, not sure this was your original business plan as it would seem potential clients would be better served going directly to the source if you are not value adding.

Still as previously advised, check with the TGA.

Edited by citizen181 - 01/August/2017 at 15:40

Alexa123 View Drop Down
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  Quote Alexa123 Quote  Post ReplyReply Direct Link To This Post Posted: 01/August/2017 at 18:01
Thank you for your well written reply.

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