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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If you sell goods or services in Australia, fair trading laws aren’t just “nice to have” - they’re the rules of the game. They shape how you advertise, price, take payments, handle complaints, manage refunds, and write your customer contracts.
The good news? With a clear plan and the right documents, staying compliant is achievable - and it’s great for customer trust and your brand. In this guide, we’ll break down the essentials of fair trading laws in Australia and show you practical steps to build compliance into your business from day one.
What Are Fair Trading Laws In Australia?
“Fair trading” is a broad term that covers the laws designed to protect consumers and keep markets honest.
At the national level, most day-to-day rules sit in the Australian Consumer Law (ACL), enforced by the ACCC (Australian Competition and Consumer Commission). Each state and territory also has a Fair Trading or Consumer Affairs regulator that can take action and provide guidance locally.
In plain terms, these laws require that you advertise truthfully, treat customers fairly, honour consumer guarantees, use fair contract terms, and avoid pressure selling. If you’re selling online, over the phone, or in-store - they apply.
Key Consumer Law Rules Your Business Must Follow
Misleading Or Deceptive Conduct
It’s unlawful to engage in conduct that is likely to mislead or deceive - even if you didn’t mean to. This includes claims on your website, social posts, product packaging, and what your team says to customers.
If you’re unsure what counts as misleading, it helps to understand how courts assess misleading or deceptive conduct and ensure your marketing has clear disclaimers, accurate comparisons, and no unsupported claims.
False Or Misleading Representations
The ACL also prohibits specific false claims about things like price, quality, origin, reviews, and testimonials. Be especially careful with “was/now” pricing, savings claims, and product features.
Review your copy and visuals against the rules that apply to false or misleading representations to avoid avoidable risk.
Pricing, Surcharges And Advertising
Price displays must be accurate and not confusing. If you show a sale price, you need a genuine basis for the comparison. Any mandatory fees should be included or clearly disclosed upfront.
Make sure your promotions and checkout pages align with advertised price laws, and train staff on how discounts and surcharges are presented to customers.
Consumer Guarantees, Refunds And Repairs
The ACL gives customers automatic consumer guarantees. That means goods must be of acceptable quality, fit for purpose, and as described; services must be provided with due care and skill and within a reasonable time.
When there’s a major failure, customers can choose a refund or replacement. For minor failures, you can often repair. Set up your returns workflow around the core rules - including what the commonly discussed “2 years” actually means under the ACL - by reviewing this summary of consumer guarantees and timeframes.
Unfair Contract Terms (UCT)
Standard form contracts - including online terms - cannot contain unfair terms that cause a significant imbalance, aren’t reasonably necessary, and would cause detriment. The regime now protects consumers and many small businesses.
Conduct a contract check and consider a UCT review and redraft so clauses on auto-renewals, unilateral changes, broad indemnities or termination rights don’t expose you to penalties.
Warranties Against Defects
If you give a written warranty about what you’ll do if there’s a problem (for example, “12-month repair warranty”), you must include specific mandatory wording and details (who will honour it, how to claim, costs, etc.).
Ensure your warranty statements meet ACL requirements with a tailored Warranties Against Defects Policy and that your team knows when to provide it.
Unsolicited Sales And Direct Marketing
Door-to-door, telemarketing and some off-premises sales have strict rules (cooling-off periods, identification, call times, and written records). If you sell that way, you’ll need compliant processes and documents.
When relevant, use an ACL-compliant approach to Unsolicited Consumer Agreements and align any email campaigns with Australia’s spam and consent requirements.
Data, Privacy And Online Stores
If you collect personal information (which most businesses do), the Privacy Act and Australian Privacy Principles may apply. Have a clear, accessible policy and only collect what you need.
Your website should include a Privacy Policy and clear online terms to set expectations for orders, cancellations, and dispute handling.
Do Fair Trading Laws Apply To B2B Transactions?
Yes, many rules apply even when your customer is another business. Misleading or deceptive conduct applies to any trade or commerce, not just consumer sales.
Unfair contract terms now protect small businesses (based on headcount and turnover thresholds), so check your standard terms if you supply to SMEs or use them as a buyer.
Consumer guarantees can apply to purchases under $100,000 (and some over that if they’re ordinarily for personal, domestic or household use). If you sell equipment or services to small businesses, build your refund/repair process with these thresholds in mind.
How To Build Compliance Into Your Day-To-Day
1) Design Clear Customer Journeys And Copy
Map key “moments of truth” - product pages, checkout, invoices, confirmation emails, and after-sales communications. Ensure claims are accurate, disclaimers are visible, and any limitations are explained in plain English.
A structured review of your marketing and legal language (including returns, promotions and comparisons) is a smart step. Many businesses use a periodic website copy check to keep up with product and promo changes.
2) Set Up Fair, Practical Terms
Your terms should explain how orders work, when risk passes, what happens if items are delayed, and how refunds or credits are processed. Keep it firm but fair, and avoid “gotcha” clauses that could be considered unfair.
For online sales, publish accessible Website Terms and Conditions and make sure customers accept them before purchase.
3) Train Your Team
Staff should know what they can and can’t say about products, what to do if a customer raises a fault, and how to handle a refund request. Scripts and quick-reference guides help keep things consistent and compliant.
4) Build A Complaint And Returns Workflow
Have a simple way for customers to lodge issues, triage them promptly, and respond with clear outcomes. Keep templates handy for common scenarios (repair timeframes, refunds, replacements) and make sure your approach aligns with the ACL.
5) Keep Records
Document ads, campaign approvals, product specs, supplier assurances, and customer interactions (especially around complaints and resolutions). If a regulator asks questions, a well-kept timeline can make all the difference.
6) Don’t Forget Privacy And Data
Collect only what you need, secure it, and be transparent about how you use it. A current Privacy Policy and data handling procedures are essential if you’re capturing sign-ups, taking payments, or running analytics and remarketing.
What Legal Documents Help With Fair Trading Compliance?
Strong, transparent documents make compliance easier and reduce disputes. While every business is different, many Australian businesses rely on a core set of contracts and policies:
- Terms Of Sale: Your commercial “rules of the road” for orders, delivery, risk, refunds, returns and liability - drafted to be firm but fair and consistent with the ACL. Consider setting these up using dedicated Terms Of Sale.
- Website Terms And Conditions: For online stores or platforms, these set user rules, acceptable use, and dispute processes. Publish clear Website Terms and Conditions and ensure customers agree to them on checkout.
- Privacy Policy: Explains what personal information you collect, why, and how it’s used and stored. This is often legally required and builds customer trust. Link your Privacy Policy in your footer and at key data collection points.
- Warranties Against Defects Policy: If you offer a written warranty, you must include the prescribed ACL wording and claim process. A tailored Warranties Against Defects Policy keeps you compliant.
- Refunds And Returns Policy: Sets practical steps to claim a remedy, timeframes and methods (repair/replace/refund), and how to lodge a claim. This should mirror the ACL consumer guarantees.
- Promotions And Competition Terms: If you run giveaways or discounts, set clear conditions, eligibility, and how winners are selected to avoid misleading conduct.
- Unfair Contract Terms Review: For standard-form customer or supplier agreements, a UCT review and redraft reduces the risk of unfair terms, penalties and disputes.
If you sell primarily to other businesses, the same documents still matter - just ensure the content reflects your B2B realities (lead times, custom specs, acceptance testing, service levels, and limitation of liability).
Fair Trading FAQs For Australian Businesses
Do I Need To Give A Refund If A Customer Changes Their Mind?
Change-of-mind refunds are not required under the ACL, but you can choose to offer them as a policy. You must provide remedies when consumer guarantees aren’t met (e.g. goods aren’t of acceptable quality or services aren’t provided with due care and skill).
Can I “No Refunds” Certain Sale Items?
You can’t exclude ACL rights. You can, however, set reasonable conditions around change-of-mind returns (like timeframe and condition) - just make sure you don’t imply that consumer guarantee rights don’t apply.
How Do I Avoid Misleading Claims?
Stick to accurate, verifiable statements; avoid fine print that contradicts headlines; and ensure images and demonstrations represent typical results. It’s wise to align all customer-facing content with the principles in section 18 of the ACL.
What If I Sell Only Online?
All the same rules apply - plus practical considerations for website UX. Make sure pricing is clear, delivery terms are explained, and your online terms and privacy policy are easy to find and accept.
Key Takeaways
- Fair trading laws in Australia - led by the ACL - govern advertising, pricing, refunds, warranties, contract terms and more for any business selling goods or services.
- Avoid misleading conduct and false representations by keeping claims accurate, substantiated and consistent across your marketing and sales channels.
- Consumer guarantees apply broadly; set up a practical, ACL-aligned process for repairs, replacements and refunds to resolve issues quickly and fairly.
- Review your standard-form contracts for unfair terms and fix any risky clauses before they attract penalties or disputes.
- Publish clear, customer-friendly documents - Terms of Sale, Website Terms, Privacy Policy and warranty statements - to support everyday compliance.
- Build compliance into your operations with staff training, complaint workflows and record-keeping so you can demonstrate you’re doing the right thing.
If you’d like a consultation on fair trading compliance for your Australian business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
