Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Thinking about using the Australian Made logo on your products? For many small businesses, that green-and-gold kangaroo is a powerful trust signal that can boost sales and help you stand out.
But you can’t just add it to your packaging or website and hope for the best. The Australian Made logo is a licensed certification trade mark with strict rules around eligibility and use. On top of that, your broader “country of origin” claims (like “Made in Australia” or “Product of Australia”) are regulated under the Australian Consumer Law.
In this guide, we’ll step through what the Australian Made logo is, who can use it, how to apply, and the key legal issues to understand before you invest in new packaging or marketing. We’ll also cover the contracts and documents that help you prove your claims and stay compliant from day one.
What Is The Australian Made Logo And Why Does It Matter?
The Australian Made logo is the green triangle with a gold kangaroo that you see on products marketed as Australian. It’s owned and administered by Australian Made Campaign Limited (AMCL) and functions as a certification trade mark.
For small businesses, it can be a valuable asset. The logo tells customers that your goods meet certain Australian origin criteria, which can drive trust, justify a premium, and support export opportunities.
However, using it without permission, or using it in a way that doesn’t follow the rules, can land you in serious legal trouble. There are two layers of compliance to keep in mind:
- Certification rules from AMCL for using the Australian Made logo (licensing, categories, and style rules).
- Australian Consumer Law (ACL) rules for country of origin claims, which apply whether or not you use the logo.
Are You Eligible To Use The Australian Made Logo?
Eligibility depends on the specific descriptor you want to use with the logo (for example, “Australian Made” versus “Product of Australia”). The key concepts you’ll hear are “substantial transformation” and the proportion of Australian content.
Australian Made (Substantial Transformation)
Generally, a product can be “Australian Made” if it has been substantially transformed in Australia. This means the product has undergone a fundamental change in identity, nature, or essential character here (mere packaging or minor processing won’t be enough).
For example, importing raw materials and manufacturing the finished item in Australia will often qualify. Simply importing a finished product and adding a sticker or doing basic assembly won’t.
Product Of Australia (Stricter Test)
This is a higher bar. To claim “Product of Australia”, usually all significant ingredients or components must be from Australia and virtually all manufacturing or processing must happen here. This is harder to meet than “Australian Made”, but it carries strong consumer appeal when accurate.
Other Categories
There are other descriptors for particular sectors (such as “Australian Grown” or sector-specific marks like seafood). The criteria vary-so assess your supply chain carefully and be honest about where materials come from and where processing occurs.
Evidence And Record-Keeping
AMCL expects you to keep evidence to back up your claims (supplier invoices, manufacturing records, bills of materials, and process descriptions). This isn’t just for the licence application-good records help if a regulator or customer challenges your claims later.
How Do You Apply And Use The Logo Correctly?
The application process is designed to check you meet the relevant criteria and that you’ll use the logo properly across packaging, websites and advertising.
Step 1: Map Your Supply Chain
List where your inputs come from and where each stage of processing happens. Identify the point at which the product changes its essential character in Australia (if it does). This will help you decide which descriptor is realistic for your business.
Step 2: Prepare Evidence
Collect supplier declarations, invoices, bills of materials, and process descriptions that prove your claims. If you use contract manufacturers, ensure your agreements require them to provide origin evidence when needed.
Step 3: Apply For A Licence
You’ll need a licence from AMCL to use the logo. The licence covers which descriptor(s) you can use, how to display the mark, and any limitations. Fees may apply depending on your business size and sales.
Step 4: Follow The Style Rules
AMCL provides brand guidelines about colours, proportions, and placement. Make sure your packaging, online store, and marketing materials use the correct variant of the logo, paired with the approved wording (for example “Australian Made” rather than custom wording).
Step 5: Keep It Accurate As You Grow
If your supply chain changes (for instance, you source a key component offshore), reassess your eligibility immediately. Don’t keep using the descriptor or logo if it’s no longer accurate. Update your licence details if needed.
What Laws Apply To “Australian Made” And Origin Claims?
Whether you use the official Australian Made logo or other phrases like “made in Aus” or “Aussie made”, your claims must comply with the ACL. Two provisions are especially important:
- section 29 (false or misleading representations about goods), which includes representations about the place of origin.
- section 18 (misleading or deceptive conduct), a broad rule that captures statements, images, or overall impressions that could mislead consumers.
Key takeaways from the ACL for country of origin claims:
- Be truthful and able to prove your claims with evidence. Don’t rely on supplier “assurances” alone-keep documentation.
- Avoid “overall impression” traps. Even if each statement is technically correct, the combination of wording, imagery (flags, kangaroos), and placement could mislead if your product doesn’t actually meet the implied standard.
- Use precise language. “Product of Australia” signals a stricter standard than “Australian Made”. Choose the wording your product genuinely meets.
- Penalties can be serious. Misleading origin claims can result in infringement action, fines, forced corrective advertising, and reputational damage.
If you’re exporting, be mindful that other countries have their own origin laws and labelling rules. Build compliance checks into your packaging and marketing workflows.
Brand Protection: Do You Also Need To Trade Mark Your Own Logo?
The Australian Made logo promotes Australian origin-it doesn’t protect your own brand. If you’ve designed your own logo or brand name, consider taking steps to register your trade mark. This gives you legal rights to stop others using a confusingly similar brand for similar goods or services.
When planning your filing, think about the goods and services you sell and the appropriate trade mark classes. Securing the right classes helps you enforce your brand in the categories that matter to your business.
Trade marks, licensing (for the Australian Made logo), and consumer law compliance all work together. The first protects your brand identity, the second authorises you to use a powerful certification mark, and the third ensures your marketing remains accurate and lawful.
What Contracts And Documents Help You Prove Origin And Stay Compliant?
Beyond the licence and brand rules, a solid paper trail makes origin compliance easier and reduces risk. The right contracts and policies help you demand evidence from suppliers, control quality, and manage marketing claims across your business.
Supplier And Manufacturing Agreements
- Manufacturing Agreement: Set out specifications, quality controls, location of processing, audit rights, and obligations to provide origin documentation. This is critical if you’re relying on a third party to substantially transform goods in Australia.
- Supply Agreement: Require suppliers to disclose the source of inputs, notify you of any changes in origin, and provide ongoing evidence (certificates of analysis, invoices, product data sheets). Include warranties about the accuracy of origin information and indemnities for misstatements.
Marketing And Website Foundations
- Claims Review Process: Create an internal checklist for packaging and ads. Before publishing, confirm each origin claim is consistent with your AMCL licence and ACL.
- Artwork Approvals: Keep a master file of approved Australian Made assets and placement rules so designers don’t improvise or distort the logo.
- Website And Online Store: If you sell online, ensure the origin claims on product pages match your packaging and licence scope. If you collect customer data, you’ll also need a compliant Privacy Policy.
Customer-Facing Compliance
- Careful Wording On Returns And Warranties: Make sure your refund and warranty wording aligns with the Australian Consumer Law-particularly if you promote quality on the strength of being “Aussie made”. If you offer your own warranty, you may need a clear Warranties Against Defects Policy with the required ACCC wording.
Good contracts and documentation make it far easier to pass an AMCL audit, respond to a customer complaint, or satisfy a regulator that your “Australia made” claims are accurate and properly substantiated.
Common Mistakes To Avoid With The Aussie Made Logo
Using The Logo Without A Licence
This is the quickest way to cause problems. You need an active licence covering your product categories. Don’t copy the logo from the internet or mimic its look with a DIY version.
Overstating Your Claim
If only some components are made here, don’t imply that the whole product is “Product of Australia”. Be precise and choose the descriptor you truly qualify for (e.g. “Australian Made” rather than “Product of Australia”).
“Overall Impression” Mismatches
Flags, kangaroos, and bold “Aussie made logo” statements can create an overall impression that the entire product and its inputs are Australian when they aren’t. The ACL looks at the full context, not just the fine print.
Supply Chain Changes Without Review
Switching a component or moving a process offshore can affect eligibility. Build a trigger into your product change process that pauses printing and marketing updates until your Australian origin status is checked again.
Inconsistent Use Across Channels
Using the logo on packaging but not updating your online listings (or vice versa) can confuse customers. Keep claims consistent everywhere: website, marketplaces, catalogues and ads.
Ignoring Export Requirements
If you sell overseas, check local labelling rules as well as origin rules. Some markets have their own protected origin marks and mandatory statements. Align your packaging templates with the strictest rules that apply to your channels.
Practical Tips For Small Businesses Using The Australian Made Logo
- Start with a product-by-product assessment. Eligibility can differ across your range depending on materials and processing.
- Document everything. Keep an organised folder of supplier origin statements, invoices, and process descriptions. This simplifies audits and claim reviews.
- Train your team. Give marketing, design and eCommerce staff a simple guide on approved wording, the difference between “Australian Made” and “Product of Australia,” and when to escalate for legal review.
- Check claims during NPD (new product development). Don’t wait until artwork signoff-assess origin early so you can adjust inputs or processes to preserve eligibility.
- Review annually. As your supply chain evolves, a yearly audit helps catch issues before they become compliance risks.
- Protect your own brand as you grow. Licensing the Australian Made logo is separate from protecting your house brand-consider trade mark protection to safeguard your brand assets.
Frequently Asked Questions About The Australian Made Logo
Can service businesses use the Australian Made logo?
The primary focus is on goods, but there are related marks and descriptors for certain sectors (for example, agriculture and seafood). Check the specific category criteria that apply to your offering before using any logo or descriptor.
Is “designed in Australia” the same as “Australian Made”?
No. “Designed in Australia” does not mean the product is made here. If manufacturing is offshore, your marketing should avoid implying Australian origin for the finished goods. Be clear and accurate about each step.
Can I say “assembled in Australia” if I import all the parts?
It depends on whether assembly in Australia results in a substantial transformation. If the product’s essential character doesn’t change here, mere assembly usually won’t qualify for “Australian Made”. Assess the process carefully and keep evidence.
Do handmade or custom items qualify more easily?
Handmade isn’t an automatic pass. The same tests apply: where were the materials sourced, and did substantial transformation occur in Australia? Custom work may still qualify, but you should apply the same analysis and keep records.
What happens if I get it wrong?
Misuse can trigger action from AMCL (including licence issues) and the ACCC under the ACL. You may face fines, be asked to correct or remove claims, and experience reputational damage. It’s much safer to review your eligibility and evidence before going to print.
Key Takeaways
- The Australian Made logo is a licensed certification trade mark-use it only if you’re eligible and have an active licence.
- “Australian Made” and “Product of Australia” have different tests. Choose the descriptor your product genuinely meets and keep evidence to prove it.
- Country of origin claims are regulated by the ACL, including section 29 and section 18, so your wording and overall impression must not mislead consumers.
- The right contracts-such as a robust Manufacturing Agreement and Supply Agreement-help you lock in quality controls and obtain origin evidence from suppliers.
- Protect your own brand by planning to register your trade mark in the right trade mark classes.
- If you sell online and collect customer data, publish a compliant Privacy Policy and ensure your product pages mirror your licensed origin claims.
If you’d like a consultation on using the Australian Made logo and setting up your product labelling and contracts the right way, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
