No. Vaping in a car with children under 18 is illegal in Australia under federal and state laws, with penalties including fines up to $11,000. The Tobacco and Other Smoking Products Act 1998 (Cth) and state-based Public Health Acts prohibit smoking or vaping in vehicles carrying minors, enforced by agencies like NSW Health and WA Department of Health. From 2026, stricter compliance measures under the Public Health (Tobacco and Other Products) Act 2023 (Vic) will expand enforcement, including on-the-spot fines for drivers.
Key Regulations for Vaping in a Car with Kids in Australia
- Federal ban: Under the Tobacco and Other Smoking Products Act 1998, smoking or vaping in a vehicle with a child under 18 is prohibited nationwide, with exceptions only for medical vaporisers with a prescription.
- State-level enforcement: Jurisdictions like NSW, Victoria, and WA impose additional penalties, including demerit points for drivers in NSW under the Road Rules 2014 and fines up to $2,200 in WA under the Public Health Act 2016.
- 2026 compliance shifts: Victoria’s Public Health (Tobacco and Other Products) Act 2023 will introduce mandatory signage in vehicles and stricter penalties, aligning with the National Tobacco Strategy’s 2026 targets to reduce youth exposure to vaping.