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$8000 fine if caught with nicotine ejuice in oz

Discussion in 'Australia - New Zealand Forum' started by POSSUM_CHOPS, May 4, 2011.

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  1. Sellaman

    Sellaman Senior Member ECF Veteran

    Jun 16, 2011
    Queensland Australia
    I think it's true but you have to be caught with a lot of commercial quantities.
  2. ozeevapr

    ozeevapr Full Member

    Feb 3, 2011
    Yes all bottles should be child safe, with safety lids, and only available up to 24mgs per ml. People who mix up their own from 100mgs of nic per ml are the ones risking danger and are probably the cases reported, which have implications on the legality of all lower mgs of eliquid being imported into the country for personal use.

    So there needs to be educational information on websites who sell nicotine e-liquid to notify of the health risks from overdose.

    When the media dirts on ecigs, they talk about children getting ill from ejuice, they also talk about fears of children who try to experiment with vapeing at a young age and are unaware that as children they may overdose on higher levels of nic in ejuice. Younger ones need to be educated in this as well as adults. They fear that younger people might tend to accidentally overdose themselves.

    However I hear of adults who overdose on patches as well, but you don't see much media dirt on patches do you.
  3. light487

    light487 Senior Member ECF Veteran

    Oct 18, 2009
    Sydney, Australia
    24mg/ml.. is there a reason you chose that number? From all the documentation I've read, the only time I've seen an actual number mentioned is 30mg/ml and that relates to the treatment of animals with nicotine rather than humans.

    In regards to the cases reported, all of them "where the details were made known" were not 100mg/ml shipments but instead bulk orders of cartridges, with the majority of those reports being of "Smokestik" brand orders.

    I understand what you are saying but please don't add to the hysteria by posting things that are not based on facts or, at the least, based on actual eye witness reports (e.g. the reports of siezures given by the victims of those siezures).
  4. Revi

    Revi Full Member

    Jun 2, 2010
    Brisbane, Australia
    Well I only heard about this for the first time today...
    I never even saw it on the news, so after reading this thread, and Googling as much as I could, I finally decided to go straight to the horses mouth so to speak...

    I'm in Brisbane Australia and my last order was a 200ml of menthol ejuice nic content super heavy 48mg...LOL
    That's all I've ever used, and I've been vaping for about 18 months now and feel so much better for it after 43 years of smoking tailors (normal cigarettes).

    So what did I find, firstly I checked the prohibited drugs at the Australian customs, unless your bringing in over 1.5 kg of chewing tobacco, your fine.

    Then the next thing I found was the change in the categories, they are planning for next year as of January 1st 2012. From what I can see it's not currently covered in any category so they are planning on restructuring or creating one so they will be able to tax us on our imports next year, but for now I think we are in the clear...the following is an excerpt from the document and I will include the link if you feel the need to wade through it all...

    Starts on Page 50
    Item 102 – Schedule 3 (after subheading 2106.90.10)
    Heading 2106 applies to food preparations that are not elsewhere specified in the
    Customs Tariff Act.
    Item 102 creates a new subheading 2106.90.20 to specify preparations, that are taken
    orally, designed to assist smokers to stop smoking. Such products include chewing gum
    and tablets containing nicotine, but are not limited to these goods.
    Previously, the Customs Tariff Act classified these products in subheading 3004.90.00
    (other medicaments). New paragraph (b) to Note 1 to Chapter 30, that excludes these
    products from heading 3004. Item 133 refers. These goods transfer from subheading
    3004.90.00 to the new subheading 2106.90.20. Subheading 2106.90.20 preserves the
    existing duty rate of Free for these goods.
    Amendments to Chapter 24 (Tobacco and manufactured tobacco substitutes)
    Item 103 – Schedule 3 (Chapter 24, at the end of the Note)
    This item inserts the title “Subheading Note.” and a new Subheading Note 1 to
    Chapter 24, after Chapter 24 Note 1.
    Heading 2403 applies to manufactured tobacco, not including cigars, cigarettes etc.
    Subheading Note 1 defines “water pipe tobacco” for the purposes of new subheading
    2403.11.00, as tobacco intended for smoking in a water pipe and which consists of a
    mixture of tobacco and glycerol.
    Item 104 – Schedule 3 (subheadings 2403.10 to 2403.10.70)
    Item 104 repeals the above subheadings and creates a new subheading 2403.11.00 to
    apply to water pipe tobacco, as defined in Chapter 24 Subheading Note 1. Item 103
    refers. Water pipe tobacco transfers from its present classification in subheading
    2403.10.70 (other smoking tobacco).
    Other smoking tobacco classified in subheading 2403.10.70 transfers to a new
    subheading 2403.19 (other manufactured tobacco), subheading 2403.19.10 (when in
    stick form) and subheading 2403.19.90 (when in other forms).

    Tobacco products are subject to twice yearly duty rate adjustments, in February and
    August, in line with the Consumer Price Index (CPI). Item 104 imposes the
    February 2011 rate for smoking tobacco on water pipe tobacco.
    The transitional provision in item 308 of the HS2012 Bill will ensure that this rate of duty
    is adjusted to reflect any increase in the August 2011 CPI if the HS2012 Bill has not
    received Royal Assent by that date. The amendments to the Table in section 19 of the
    Customs Tariff Act contained in item 3 of this Bill ensure that this rate will be adjusted in
    line with other tobacco products, after the commencement date of 1 January 2012.

    It also has a footnote at the end of the document, that mentions it again, but what I make of this is that they are finding somewhere to put it and a way to tax us just the same as if we imported a carton of cigarettes...
    So I'm sending off an order to my Chinese suppliers on Thursday for a 500ml bottle, I'll let you know if/or when it arrives...:
    Also I have gotten this ejuice on my skin spilt in on my hands arms legs in my lap...LOL and it's never hurt burned or affected me at all, it won't hurt if it touches your skin, I've even copped a mouthful from time to time when I have dripped too don't stress...
  5. ec!gg

    ec!gg Unregistered Supplier ECF Veteran

    Jul 2, 2010
    Philadelphia, PA
    That is what I kind of figured. That would be a huge chunk out of the wallet.
  6. light487

    light487 Senior Member ECF Veteran

    Oct 18, 2009
    Sydney, Australia
    I think you could get fined if you were carrying around commercial quantities.. but that's not different to many poisons and "restricted" substances. They're not "illegal".. they are restricted. If you had barrels of the stuff.. and were caught with it, I reckon they would have to say something and fine you for it.. lol..
  7. soundasleep

    soundasleep Senior Member ECF Veteran

    May 31, 2011
    Mulgrave - VIC - AU
    Heya Light ;)

    Nicotine in e-cigs for "recreational" use is considered a Schedule 7 poison and is illegal to possess in any quantity AFAIW. This is based on State law, there are no Federal restrictions. The last Scheduling Commitee meeting decided that for therapeutic use it would be Schedule 4 (requires a prescription from a doctor or such).

    The real problem is no gov department will acknowledge that e-cigs can be a theraupeutic product. They all claim that this won't happen without TGA approval (which goes against both the Commonwealth Therapeutic Goods Act 1989(?), the Personal Import Scheme and the Special Access Scheme).

    I had a nightmare lot of phone calls on Friday trying to get more information on this, including having the Drugs and Poisons Unit refused to answer my questions and then hung up on me.

    If I had to guess, I'd say nobody wants to be the person that says "yes, it could be". I do have another sneakier plan to get them to trip themselves up, but I don't want to post too much about my idea until I can make the call on Monday...
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