138APrescriptions for vaping substances

138A Prescriptions for vaping substances

[Regulation 138A Inserted by S.R. 2026, No. 11, Applied:11 Mar 2026]

(1)  A person, other than a medical practitioner or relevant nurse practitioner, must not –

(a) write a prescription for a vaping substance that is a narcotic substance; or

(b) issue a prescription for a vaping substance.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A medical practitioner or relevant nurse practitioner is authorised to write or issue a prescription for a vaping substance.

(3)  A medical practitioner, or relevant nurse practitioner, writing or issuing a prescription for a vaping substance that is a narcotic substance is to comply with Division 5 of Part 3 .

(4)  A medical practitioner, or relevant nurse practitioner, writing or issuing a prescription for a vaping substance that is not a narcotic substance is to comply with Division 2 of Part 4 as if a reference in that Division to a restricted substance were a reference to such a vaping substance.

(5)  Regulations 23 , 47 , 48 , 53 and 54 do not apply in relation to the sale or supply of a vaping substance.

(6)  In this regulation –

relevant nurse practitioner means an authorised health professional who is a nurse practitioner;

vaping substance means a substance referred to in paragraph (c) of the definition of personal vaporiser product in section 3 of the Public Health Act 1997 , whether or not that substance is a scheduled substance.