Can I Say My Product Is Australian Made?

Yes, you can say your product is Australian made if the claim is true, can be backed up, and your product meets the legal test for that wording.

The tricky part is that your supply chain may be more mixed than your marketing line suggests. You might design the product in Australia, source parts overseas, assemble it locally, pack it here, and sell it through an Australian website. Each of those details can change what you can safely say.

Australian-made wording can be a strong selling point, so it's worth checking your labels, packaging, advertising claims and website copy before launch. A careful review now can save you from relabelling costs, customer complaints and regulator attention later.

Can I Say My Product Is Australian Made?

It depends on whether your product was substantially transformed in Australia and whether the overall impression of your claim is accurate.

Under the Australian Consumer Law, you must not make false or misleading claims about where goods come from. That includes claims on:

• product labels and packaging
• your website and ecommerce product pages
• social media posts and ads
• marketplace listings
• catalogues, brochures and pitch decks
• wholesale information sheets

A claim can be misleading even if part of it's technically true. For example, if you say proudly Australian made in large lettering but the product is only packed here from imported finished goods, the overall message may be too strong.

The Australian Consumer Law also gives businesses country of origin safe harbour rules. For a made in Australia style claim, the key question is usually whether the goods were last substantially transformed in Australia.

That doesn't mean every ingredient, part or component must be Australian. Imported inputs can still be used. But the local manufacturing process must genuinely turn those inputs into something fundamentally different.

What Counts As Made In Australia Under The Australian Consumer Law?

A product is generally treated as made in Australia if it was last substantially transformed in Australia.

Substantial transformation means the product became something fundamentally different in identity, nature or essential character from the imported ingredients or components that went into it.

Simple steps usually won't be enough. For example, you're unlikely to meet the test if you only:

• repackage an imported finished product
• stick an Australian label on overseas-made goods
• sort, clean or grade products without changing what they are
• assemble parts in a very minor way where the finished product isn't fundamentally different

Stronger manufacturing steps are more likely to support a made in Australia claim, such as:

• turning raw ingredients into a finished food product
• manufacturing components into a new machine or device
• formulating raw inputs into a new cosmetic or cleaning product
• cutting, sewing and finishing fabric into a finished garment, depending on the facts

You also need to choose the right wording. Made in Australia isn't the same as Product of Australia.

Product of Australia is a higher bar. It generally means Australia is the country of origin of each significant ingredient or significant component, and all or virtually all of the production or manufacturing processes happened in Australia.

Packed in Australia is different again. It usually means the goods were packed here, but not necessarily made here. If your product is imported and only packaged locally, this may be the more accurate wording.

Do The Rules Change For Food, Labels And Ecommerce Listings?

Yes, food products have extra country of origin labelling rules, and online claims still need to match the law.

Most food sold in Australia must comply with the Country of Origin Food Labelling Information Standard 2016. The rules are different depending on whether your food is a priority food or a non-priority food.

For priority foods that are grown, produced or made in Australia, the label generally must use the three-component standard mark, which includes:

• the kangaroo symbol
• a bar chart showing the minimum proportion of Australian ingredients by ingoing weight
• explanatory text, such as grown in, produced in or made in Australia, with the relevant Australian ingredient percentage where required

Different rules apply to food that's packed in Australia, imported food and non-priority food.

For example, if your food is made in Australia from 80% Australian ingredients, your label might say Made in Australia from at least 80% Australian ingredients, if the manufacturing process supports that statement.

Non-priority foods usually only need a text statement, but the statement still has to be accurate.

Example: Australian Ingredients And Imported Inputs

Say Maya makes chilli sauce in Adelaide. Her chillies and tomatoes are grown in South Australia and make up 80% of the product by ingoing weight. Her vinegar and spices are imported and make up the remaining 20%. She cooks, blends, bottles and labels the sauce in Adelaide.

If the process substantially transforms the ingredients into chilli sauce, Maya may be able to say Made in Australia from at least 80% Australian ingredients. She should be careful about saying Product of Australia unless Australia is the country of origin of each significant ingredient and all or virtually all production processes happened in Australia.

If Maya sells through her own website and marketplaces, the online listing should match the label. A compliant label won't fix an exaggerated website headline.

Can I Use The Australian Made Logo On My Packaging?

Only if you have permission and your product meets the rules for that logo.

The green and gold Australian Made, Australian Grown logo is a registered certification trade mark. It's administered by Australian Made Campaign Limited, and you generally need a licence to use it.

You shouldn't copy the logo, use a lookalike symbol, or place the words near kangaroo-style imagery in a way that suggests you're licensed if you're not.

If you want to use the logo, you'll need to check the applicable rules for your product category and the specific claim you want to make. The logo may be used with different descriptors, such as Australian Made, Australian Grown or Product of Australia, depending on what your goods qualify for.

The logo review is separate from your Australian Consumer Law review. In practice, you need both:

• Logo permission: Are you licensed to use the certification trade mark?
• Substance of the claim: Does your product genuinely meet the legal test for the claim?
• Marketing consistency: Do your website, packaging and ads all say the same thing?
• Evidence: Can you prove the claim if a customer, retailer or regulator asks?

Retailers and wholesalers often ask for proof before they stock your product. Having your documents organised can make those conversations much easier.

How Should I Review My Supply Chain Before Launch?

You should review the exact product, the exact wording, and the evidence behind each claim.

Country of origin claims aren't a set-and-forget exercise. A small supply chain change can affect your claim. For example, swapping an Australian ingredient for an imported one may change your Australian content percentage, even if your manufacturing process stays the same.

Step 1: Map Each Product Separately

Don't assume one answer applies across your whole range. For each SKU, write down:

• where each ingredient, part or component comes from, including imported inputs
• who supplies it
• where each manufacturing step happens
• where packing and labelling happen
• what percentage of the product is Australian, if that matters for your label

Step 2: Match The Claim To The Evidence

Next, compare your proposed wording against the facts. Common options include:

• Made in Australia: use this only if the substantial transformation test is met
• Made in Australia from local and imported ingredients: useful where the process happens here but inputs are mixed
• Packed in Australia from imported ingredients: safer where finished or near-finished goods are packed locally
• Designed in Australia: only says the design work happened here, not that the product was made here

Step 3: Check Every Place The Claim Appears

Your legal review should cover more than the physical label. Check product names, page titles, meta descriptions, product filters, image alt text, paid ads, influencer briefs and wholesale catalogues.

This is where many businesses get caught. The packaging might be careful, while a homepage banner says 100% Australian because it sounds good. If that isn't true, it can create Australian Consumer Law risk.

What Should I Keep In An Australian-Made Claims Review File?

You should keep a clear internal file that shows how you reached your country of origin claim.

This doesn't need to be complicated, but it should be organised enough that you can respond quickly if a retailer, customer, the ACCC or a state consumer affairs regulator asks questions.

Here is a practical outline you can use as a starting point. A lawyer should tailor it before you rely on it for a launch or retailer approval process.

1. Product Details: list the product name, SKU, size, variant and launch date.
2. Proposed Claims: paste the exact wording from the label, website, ads and wholesale materials.
3. Ingredient Or Component Table: record each input, supplier, country of origin and percentage where relevant.
4. Manufacturing Steps: describe each step and where it happens, from raw inputs to finished product.
5. Substantial Transformation Analysis: explain why the Australian process does or doesn't create a fundamentally different product.
6. Food Labelling Check: record whether the product is a priority food and what country of origin label is required.
7. Logo And Trade Mark Check: note whether you're using the Australian Made logo or any other certification mark, and keep licence records.
8. Supplier Evidence: attach supplier declarations, invoices, product specifications and manufacturing records.
9. Approval Record: note who approved the claim and when it should be reviewed again.
10. Change Control: set out what happens if you change suppliers, ingredients, components or manufacturing locations.

The practical consequence of not keeping this file is simple. If someone challenges your claim, you may struggle to prove it quickly, and you may need to pause ads, change packaging or negotiate with retailers under pressure.

What Happens If My Australian-Made Claim Is Wrong?

If your claim is wrong or too broad, fix the claim quickly and keep records of what happened.

Under the Australian Consumer Law, misleading country of origin claims can lead to regulator action, customer complaints, retailer issues and reputational damage. For serious breaches, the maximum penalties can be significant. For corporations, the maximum can be the greater of $50 million, three times the value of the benefit obtained, or 30% of adjusted turnover during the relevant period. For individuals, the maximum is $2.5 million.

That doesn't mean every wording mistake will lead to the highest penalty. But it does show why it's worth dealing with the issue properly.

If you find a problem, work through these steps in order:

1. Pause The Claim: remove or suspend the wording from ads, website pages and new marketing where you can.
2. Check The Facts: confirm your suppliers, manufacturing process, percentages and label requirements.
3. Assess The Risk: work out where the claim appeared, how long it ran, and how many products are affected.
4. Correct The Materials: update labels, packaging, product pages, ads, catalogues, recall notices and sales scripts.
5. Keep A Record: save screenshots, old labels, updated wording and internal decisions.
6. Get Advice Early: if products are already in market or a regulator, retailer or customer has raised the issue, get tailored legal help.

You should also check your supplier agreements and product supply terms. If a supplier gave you incorrect origin information, your contract should help you recover losses or require them to assist with corrections. Templates often miss these practical supply chain details, so tailored wording can be worth it.

Key Takeaways

• You can say your product is Australian made if the claim is true, supported by evidence and meets the substantial transformation test.
• Made in Australia, Product of Australia, Grown in Australia and Packed in Australia mean different things, so choose your wording carefully.
• For priority foods that are grown, produced or made in Australia, the label generally must use the three-component standard mark with the kangaroo symbol, bar chart and explanatory text.
• You need a licence to use the Australian Made, Australian Grown logo, and the logo rules are separate from your general Australian Consumer Law obligations.
• Your website, ads, packaging, marketplace listings and wholesale materials should all tell the same accurate story.
• Keep a review file with supplier evidence, manufacturing records and approval notes so you can back up your claim if questions come up.

If you'd like help with reviewing your Australian-made claims, product labels, website copy and supplier agreements, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.