Poisons Amendment (Vaping Substances) Regulations 2026
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Poisons Act 1971 .
2 March 2026B. BAKER
Governor
By Her Excellency's Command,
BRIDGET ARCHER
Minister for Health, Mental Health and Wellbeing
These regulations may be cited as the Poisons Amendment (Vaping Substances) Regulations 2026 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Poisons Regulations 2018 are referred to as the Principal Regulations.
4. Regulation 138A inserted
After regulation 138 of the Principal Regulations , the following regulation is inserted in Part 7:138A. Prescriptions for vaping substances
(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.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 11 March 2026
These regulations are administered in the Department of Health.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Poisons Regulations 2018 to authorise medical practitioners and authorised health professionals who are nurse practitioners to issue prescriptions for vaping substances.