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In today’s competitive landscape, businesses are always looking for smart, cost-effective ways to market their services. One increasingly popular tactic is including advertising messages in billing documents, like invoices, receipts or payment reminders.
Whether you’re running an online service, delivery business, or retail operation, using bills to communicate promotions can be a clever way to reach customers. But there’s a catch: these practices still need to comply with Australia’s advertising laws, consumer protection rules, and privacy obligations.
In this article, we’ll unpack the legal considerations for businesses using invoices and billing statements for advertising. We’ll cover consumer law obligations, rules around electronic communications, and why it’s important to have clear contracts and terms in place.
Need help reviewing your advertising practices? Chat with our legal team about compliance, contracts and small business setup.
Advertising Must Be Clear, Truthful and Legal
Under the Australian Consumer Law (ACL), businesses are legally required to ensure that their advertising is not misleading or deceptive. This applies to all marketing channels, including messages included in invoices or receipts.
The Australian Competition and Consumer Commission (ACCC) actively enforces these rules. Your business must:
- Avoid making false or unsubstantiated claims about your product or service
- Clearly separate billing content from promotional content
- Include necessary disclaimers, qualifications or limitations (e.g. “T&Cs apply”)
- Ensure any limited-time or exclusive offers are actually available as advertised
Example: If your invoice includes a “10% off your next purchase” offer, you need to honour that deal and ensure it’s clearly defined (e.g. expiry date, exclusions).
For more info, check out our guide to the Australian Consumer Law for small businesses.
Don’t Confuse Bills With Ads: Keep Them Separate
Bills are primarily financial documents, and customers need to clearly understand what they’re being asked to pay. If you’re embedding ads into these documents, make sure your layout and language prevent confusion.
Best practices include:
- Using separate sections for billing and promotional content
- Adding headings like “Special Offer” or “Bonus Deal” to differentiate ads
- Keeping promotional language visually distinct from itemised charges
- Avoiding any implication that the ad is part of the total amount due
Clear formatting helps reduce the risk of disputes, especially in situations where customers might misinterpret an offer as part of their invoice or payment obligation.
Advertising via Email Invoices? Know the Spam Rules
If you send bills electronically (e.g. email invoices or online portals), you also need to comply with the Spam Act 2003. This law governs how businesses can send commercial messages via email, SMS, and other digital channels.
To remain compliant, your email communications must:
- Be sent with the recipient’s consent (express or inferred)
- Clearly identify your business and contact details
- Include a working unsubscribe option for future marketing messages
Example: If you email an invoice that includes an upsell for another service, it must comply with spam rules even if the billing info is legitimate.
Learn more in our guide to the Spam Act and email marketing.
The Role of Legal Documents and Contracts
If your promotional material, including invoice ads, refers to an offer, deal, or service, you should back it up with clear contracts and terms.
Here’s why legal documentation matters:
- Clarity: Contracts spell out the conditions of an offer, reducing misunderstandings
- Protection: If a customer challenges your promotion, you have documentation to support your claims
- Professionalism: Clear disclaimers, T&Cs, and contracts build trust in your brand
We recommend having tailored legal documents like:
Need help putting these in place? Our lawyers can prepare custom legal documents that support your marketing efforts and reduce risk.
Legal Compliance Starts With Smart Business Setup
If you’re advertising through bills or looking to scale your customer communication strategies, it’s worth reviewing your business structure and legal setup. This can impact your responsibilities and risk exposure.
Some useful considerations include:
- Are you set up as a sole trader or a company?
- Have you registered your business name?
- Do your contracts and policies reflect your current marketing practices?
Getting the foundations right will support not only your advertising plans but your business growth in general.
Final Thoughts: Balance Creativity With Compliance
Invoices and billing communications can be a valuable and underused space to promote your business. But as with all advertising, compliance matters. Staying within the boundaries of consumer law, privacy obligations and spam rules is essential to avoid fines and protect your reputation.
At Sprintlaw, we help small businesses and startups stay compliant while building bold marketing strategies. Whether you need help reviewing a promotional campaign, drafting customer-facing terms, or setting up your business legally from day one, we’ve got you covered.
Key Takeaways
- Advertising in billing documents must comply with the Australian Consumer Law
- Promotions should be clearly separated from invoice content to avoid confusion
- Email invoices with promotional content must comply with the Spam Act 2003
- Have proper terms and contracts in place to support any advertised deals
- Review your business structure and legal documents to ensure ongoing compliance
If you would like a consultation on invoices and billing communications, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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