G/MA/QR/N/AUS/6/Add.3  
 
17 May 2024  
(24-3837) Page: 1/7 
Committee on Market Access  Original: English  
 
NOTIFICATION PURSUANT TO THE DECISION ON NOTIFICATION  PROCEDURE S 
FOR QUANTITATIVE RESTRICTIONS (G/L/59/REV.1 ) 
AUSTRALIA  
Addendum1 
The following communication, dated 13 May  2024, is being circulated at the request of the delegation 
of Australia . 
 
A. Notifying Member:  Australia  
B. Date of notification:  13 May 2024  
C. First time notification:  
 Yes 
 No, last notification was made in (doc. symbol ): G/MA/QR/N/AUS/6/Add.2  
D. Type of notification:  
 1. Complete (i .e. notification of all quantitative restrictions in force ) 
 2. Changes to a notification previously made in G/MA/QR/N/AUS/6  which are of the 
following nature : 
  2.1 Introduction of new restrictions, as listed in Section 1. 
  2.2 Elimination of restrictions, as described in G below . 
  2.3 Modification of a previously notified restriction, as described in S ection 1. 
 3. Reverse notification of restrictions maintained by (Member ):  
E. The notification provides information for the following biennial period 
(e.g.  2012 -2014): 2022-2024 and relates to restrictions in force as of 1 January  2024 
F. This notification contains information* relating to:  
 Section 1:  List of quantitative restrictions that are currently in force . 
 Section 2:  Cross -reference to other WTO notifications wi th information on quantitative 
restrictions that are currently in force and additional information . 
 
1 This document has been republished to correct minor typographical errors . 
* In English  only. G/MA/QR/N/AUS/6/Add.3  
 
- 2 - 
 
  G. Comments of a general nature, including a description of the elimination of 
restrictions notified under D.2.2 and the date they ceased to be in force.  
 This notification communicates the introduction of a quantitative restriction by Australia, to 
apply to the import of vaping goods, including vapes, vape substances and vape 
accessories.  
The import of disposable vapes is prohibited from 1 January, subject to very limited 
exceptions.  
Non-automatic licensing will apply to imports of reusable vapes, vape substances and vape 
accessories from 1 March 2024, as detailed in G/TBT/N/AUS/151 . 
On 21 March 2024, the Australian Government introduced the Therapeutic Goods and Other 
Legislation Amendment (Vaping Reforms) Bill 2024 into the Parliament of Australia. The Bill 
proposes strict domestic controls on all vaping goods. It proposes prohibitin g the 
importation, domestic manufacture, supply, commercial possession, and advertisement of 
single use disposable vapes and non -therapeutic vaping goods. Therapeutic vaping goods 
will continue to be available and subject to regulation under the Therapeuti c Goods 
Act 1989, in line with other medicines and therapeutic goods.  
The measure is taken under Article XX(b) of the GATT and is intended to address the 
significant public health issues caused by vaping, particularly among young people.    
  G/MA/QR/N/AUS/6/Add.3  
 
- 3 - Section  1: List of quantitative restrictions that are currently in force  
 
QR 
No. General 
description of 
the restriction  Type of 
restriction  
 Tariff line code(s) 
affected, based on 
HS (20 22) Detailed Product 
Description  WTO Justification 
and Grounds for 
Restriction, e.g., 
Other 
International 
Commitments  National legal basis 
and entry into 
force   
 Administration, 
modificatio n of previously 
notified measures, and 
other comments  
1 2 3 4 5 6 7 
1 Prohibition on 
the import into 
Australia of 
disposable vapes  CP 8543.40  Vapes  are devices (whether 
filled with a vape substance 
or not) that generate or 
release, or are designed or 
intended to generate or 
release, using a heating 
element and by electronic 
means, an aerosol, vapour or 
mist for direct inhalation by 
its user. This inc ludes devices 
that are incomplete, 
damaged, temporarily or 
permanently inoperable, or 
unfinished.  
 
A disposable vape  is a vape 
that is:  
• fully assembled;  
• pre-filled with a vape 
substance or designed to be 
supplied pre -filled with a vape 
substance; and  
• is not designed or intended 
to be refilled.  Article XX(b) of the 
GATT  Regulation 5A of the 
Customs (Prohibited 
Imports) Regulations 
1956 
 
Customs Legislation 
Amendment (Vaping 
Goods) Regulations 
2023 From 1 January 2024 , the 
importation of disposable 
vapes is banned, with very 
limited exceptions (including 
for scientific or medical 
research, and disposable 
vapes containing substances 
that are separately regulated 
under customs legislation as 
'controlled drugs').  
Disposable vap es that were 
imported into Australia 
before 1 January 2024  
may continue to be lawfully 
supplied in Australia subject 
to the following 
requirements:  
• disposable vapes 
containing nicotine that 
meet Therapeutic Goods 
Administration (TGA) 
requirements may 
continue to be lawfully 
supplied in Australia in 
pharmacy settings to a 
patient with a prescription 
in accordance with state 
and territory laws for 
prescription medicines  
• disposable vapes that do 
not contain nicotine, or 
any other medicine, and 
do not make therapeutic 
claims, may be supplied    
  G/MA/QR/N/AUS/6/Add.3  
 
- 4 - QR 
No. General 
description of 
the restriction  Type of 
restriction  
 Tariff line code(s) 
affected, based on 
HS (20 22) Detailed Product 
Description  WTO Justification 
and Grounds for 
Restriction, e.g., 
Other 
International 
Commitments  National legal basis 
and entry into 
force   
 Administration, 
modificatio n of previously 
notified measures, and 
other comments  
1 2 3 4 5 6 7 
       by retailers generally, 
including vape stores, 
subject to state or 
territory law.  
On 21 March 2024, the 
Australian Government 
introduced the Therapeutic 
Goods and Other Legislation 
Amendment (Vaping 
Reforms) Bill 2024 into the 
Parliament of Australia. The 
Bill proposes strict domestic 
controls on all vaping goods. 
It proposes prohibitin g the 
importation, domestic 
manufacture, supply, 
commercial possession, and 
advertisement of single use 
disposable vapes and non -
therapeutic vaping goods. 
Therapeutic vaping goods will 
continue to be available and 
subject to regulation under 
the Therapeuti c Goods 
Act 1989, in line with other 
medicines and therapeutic 
goods.  
Import restrictions are being 
introduced ahead of the 
planned prohibition on 
domestic supply to allow 
retailers to run down their 
stocks of imported vaping 
goods.  
    
  G/MA/QR/N/AUS/6/Add.3  
 
- 5 - Section 2: Cross -reference to other WTO notifications with information on quantitative restrictions that are currently in force  
 
A. Was a notification made with information on a quantitative restriction in other notifications?   Yes    No  
B. If yes, then list below the relevant document symbol and include any information element missing in the notification:  
 
Document 
symbol of 
notification  General 
description  Type 
of 
restr.   Tariff line 
code(s) 
affected, based 
on HS(2017)  Detailed Product 
Description  WTO Justification 
and Grounds for 
Restriction, e.g., 
Other International 
Commitments  National l egal basis 
and entry into force   Administration; 
modification of prev. 
notified measures; 
and other comments  
1 2 3 4 5 6 7 8 
G/TBT/N/AUS/151  
G/TBT/N/AUS/151/
Add.1  Non-automatic 
licensing 
requirement for 
the import into 
Australia of 
vapes, vape 
substances and 
vape 
accessories.  NAL 2404.11  
2404.12  
2404.19  
8543.40  
8543.90  Vaping goods, 
including vapes, 
vape substances 
and vape 
accessories  Article XX(b) of the 
GATT  Regulation 5A of the 
Customs (Prohibited 
Imports) Regulations 
1956 
 
Customs Legislation 
Amendment (Vaping 
Goods) Regulations 
2023 From 1 March 
2024  the import of all 
vapes , vaping 
substance s and vape 
accessories will be 
prohibited without an 
import licence and 
permit from the Office 
of Drug Control , with 
very limited 
exceptions.  
To obtain a licence and 
permit,  the vape must 
be included in the 
Australian Register of 
Therapeutic Goods or 
be the subject of a 
notification to the TGA 
to the effect that the 
vape:  
• is only for smoking 
cessation or the 
management of 
nicotine addiction; 
and 
• complies with TGA 
requirements or 
consent for non -  
  G/MA/QR/N/AUS/6/Add.3  
 
- 6 - Document 
symbol of 
notification  General 
description  Type 
of 
restr.   Tariff line 
code(s) 
affected, based 
on HS(2017)  Detailed Product 
Description  WTO Justification 
and Grounds for 
Restriction, e.g., 
Other International 
Commitments  National l egal basis 
and entry into force   Administration; 
modification of prev. 
notified measures; 
and other comments  
1 2 3 4 5 6 7 8 
compliance has been 
given by the TGA.  
To obtain a licence and 
permit for a medicinal 
cannabis vaping 
device, the vape must 
be included in the 
Australian Register of 
Therapeutic Goods or 
be the subject of a 
notification to th e TGA 
to the effect that it 
complies with essential 
principles specified in 
the Therapeutic Goods 
(Medical Devices) 
Regulations 2002  or 
consent for non -
compliance has been 
given by the TGA.  
Vaping goods that are, 
or contain, medicinal 
cannabis or other 
substances that are 
regulated as ‘controlled 
drugs’ under customs 
legislation already 
require an import 
licence and permit, and 
will not require a 
separate licence and 
permit for vaping 
goods.    
  G/MA/QR/N/AUS/6/Add.3  
 
- 7 - Document 
symbol of 
notification  General 
description  Type 
of 
restr.   Tariff line 
code(s) 
affected, based 
on HS(2017)  Detailed Product 
Description  WTO Justification 
and Grounds for 
Restriction, e.g., 
Other International 
Commitments  National l egal basis 
and entry into force   Administration; 
modification of prev. 
notified measures; 
and other comments  
1 2 3 4 5 6 7 8 
       Further information:  
• Therapeutic Goods 
Administration 
website: www.tga.go
v.au/products/unapp
roved -therapeutic -
goods/vaping -
hub/reforms -
regulation -vapes  and 
https://www.tga.gov
.au/products/unappr
oved-therapeutic -
goods/vaping -
hub/vapes -
information -
importers -
manufa cturers -and-
wholesalers  
• Australian Customs 
Notice 2023/51: 
www.abf.gov.au/hel
p-and-support -
subsite/CustomsNoti
ces/2023 -51.pdf . 
Office of Drug Control 
(licenses): 
https://www.odc.gov.a
u/importers  
 
__________