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The ‘Made in Australia’ label is more than just a nod to national pride – it’s a powerful marketing tool that can set your products apart in a crowded marketplace. Australian consumers value transparency and are often willing to pay more for products they know are genuinely Australian. But using a ‘Made in Australia’ label isn’t as simple as printing a kangaroo on your packaging. There are strict legal requirements around country of origin labelling in Australia, and getting it wrong can lead to regulatory headaches or even costly penalties.
If you’re thinking about showcasing your Aussie credentials or expanding into new markets, understanding the legal rules around country of origin labelling is essential. In this guide, we’ll walk you through exactly what you need to do to comply, highlight key risks to watch for, and offer practical tips to help your business succeed. Whether you’re a manufacturer, an importer, or a wholesaler, keep reading for clear, step-by-step legal guidance on made in Australia labels.
What Does ‘Made in Australia’ Really Mean?
When you see a product with a ‘Made in Australia’ label or the iconic ‘Made in Australia’ symbol, you probably assume the item was manufactured here, using local labour and ingredients. But what does the law actually require before you can make this claim?
In Australia, country of origin labelling is regulated under both the Australian Consumer Law (ACL) and the Competition and Consumer Act 2010. These laws set out the requirements for any business looking to make a country of origin claim – including ‘Made in Australia’.
Under the ACL, a product can only carry a ‘Made in Australia’ label if:
- It was substantially transformed in Australia (meaning it underwent a fundamental change in identity, nature, or essential character here, not just a minor processing step or simple assembly); and
- At least 50% of the total manufacturing costs were incurred in Australia.
It’s not enough for the product to be packaged here or for minor parts to be sourced locally – the transformation must be significant and the costs must meet the legal threshold.
Why Is Country of Origin Labelling So Important?
Country of origin labelling boosts consumer trust and helps your products stand out. But these claims aren’t just marketing – they’re legally enforceable representations. The law is designed to protect shoppers from being misled and to ensure fair competition for Australian businesses.
If you misrepresent your product’s origins, you could face action from regulators like the Australian Competition and Consumer Commission (ACCC), customer complaints, damage to your reputation, or even financial penalties.
That’s why it’s critical to understand what counts as a legitimate ‘Made in Australia’ claim – and how to make sure your labelling is always accurate.
What Are the Main Legal Requirements for ‘Made in Australia’ Labels?
Getting your labels right means complying with a mix of federal law and, if your products are food, mandatory standards. Let’s break down what’s required.
Australian Consumer Law (ACL) Requirements
- Substantial Transformation: The item must undergo a significant change in Australia – just repackaging, slicing, or assembling parts made overseas does not qualify. For example, manufacturing a handbag from imported leather in Australia could be substantial transformation, but simply filling an imported bottle with an Australian soft drink would not.
- 50% Cost Threshold: More than half the total cost of making the product (including materials, labour, and overheads directly linked to production) must be spent in Australia.
- Not Misleading: The label must not mislead consumers about the true country of origin. The ACCC will consider context, placement, and any accompanying claims.
Food-Specific Rules: Country of Origin Food Labelling
If you sell food in Australia (retail or wholesale), there are more detailed rules set out in the Country of Origin Food Labelling Information Standard 2016. Most packaged foods are required to clearly state where the food was grown, produced, or made, and in some cases, include a bar chart showing the proportion of Australian content.
- Grown in Australia: For products that are entirely Australian in origin (grown and processed here).
- Produced in Australia: Similar to ‘grown’, but may include substantial processing of Australian ingredients.
- Made in Australia: Means the food underwent substantial transformation here (e.g. cooked, baked, combined to create something new).
If you’re in the food business, it’s worth reviewing the Australian Government’s full guide to food labelling and packaging requirements.
Can I Use the ‘Made in Australia’ Symbol or Logo?
The green-and-gold kangaroo triangle, known as the ‘Australian Made, Australian Grown’ kangaroo label, is one of the most recognised country of origin symbols. But it’s not public domain – you must be licensed by the Australian Made Campaign Limited (AMCL) to use it.
- To use the official kangaroo symbol, you must:
- Meet the legal standards for ‘Made in Australia’ (as above)
- Apply for and be approved for a licence from AMCL
- Only display the logo on products that meet those requirements (it can’t be used as a blanket brand logo if not all your goods are made here)
This symbol is trusted by consumers, distributors, and exporters – but misusing it can lead to legal action or public complaints. For more on using and protecting your symbols and logos, see our guide to trademark protection.
How Do I Prove My Products Are ‘Made in Australia’?
If you make a ‘Made in Australia’ claim, you may need to substantiate it if challenged. You should keep detailed records, including:
- Supplier invoices, showing the origin of materials or components
- Production records, illustrating manufacturing steps and locations
- Cost breakdowns, to prove at least 50% of the costs were incurred in Australia
- Descriptions or photographs of substantial manufacturing processes carried out locally
If you can’t provide this evidence, you risk breaching consumer law. Having a solid paper trail is one of the simplest ways to avoid disputes and stay compliant.
How Do I Set Up My Business For Country Of Origin Labelling Success?
If you’re just starting up or considering making national origin claims, it pays to get the basics right from the get-go. Here’s a roadmap to ensure you’re ready for compliant labelling.
1. Do Your Research and Market Planning
- Understand your target audience – do they value ‘Australian made’?
- Map your supply chain – where are your ingredients, components, and packaging sourced?
- Create a detailed business plan outlining your production, sourcing, and distribution – this will help clarify whether you can legitimately make origin claims.
For more guidance, check our 5 steps to starting a business article.
2. Choose The Right Legal Structure and Register Your Business
- Sole Trader: Quickest to start, but no distinction between you and your business (personal liability).
- Partnership: Shared ownership; simple setup, but partners are personally liable.
- Company: Separate legal entity, limited liability, more credibility for manufacturing businesses. Incorporating as a company is common for manufacturers and exporters.
You’ll also need to register for an ABN (Australian Business Number) and potentially register your business name. If you plan to become a large-scale manufacturer or exporter, consider registering your trade marks and, if relevant, patents for your products.
3. Ensure Compliance With All Labelling Laws
- Review the Australian Consumer Law rules for product claims
- Check whether your products need to follow the Country of Origin Food Labelling Standard
- Apply for licensing if you want to use the official Australian Made logo
- Double-check any ‘Australian owned’, ‘Australian designed’, or other similar claims to ensure they do not inadvertently mislead
4. Protect Your Brand and Supply Chain Legally
- Supply Agreements: Make sure your supplier contracts specify country of origin and supply terms. See our guide to why supply agreements matter.
- Trade Mark Registrations: Register your product names, logos, or even your packaging shapes as trade marks if suitable. For more, see: IP protection with trade marks.
- IP Assignment and Licensing: If you work with contract manufacturers or designers, ensure your IP is clearly owned and protected.
5. Stay On Top Of Ongoing Compliance
- Periodic Review: Revisit your labelling, packaging, and supply chain whenever your product or process changes
- Monitor Regulatory Updates: Laws on labelling and country of origin change, especially for food; keep updated
- Customer Enquiries: Be ready to back up your claims with documentation if asked
What Legal Documents Will I Need For My Business?
Every business is different, but if you plan on making ‘Made in Australia’ claims, a few legal documents will matter more than others:
- Supply Agreements: Sets out terms with suppliers including country of origin confirmations
- Manufacturing Agreements: Outlines manufacturing steps, expected processes, and compliance with labelling requirements (especially if you use third-party contractors)
- IP Licence/Assignment Agreements: Ensures ownership and rights over logos, product designs or unique packaging used with your ‘Australian made’ branding
- Trade Mark Documentation: Evidence and registration for protection of your brand name or Australian motifs used in labelling
- Privacy Policy & Website Terms: Required if you sell online or collect customer data. See why you need a Privacy Policy.
- Employment Agreements: If you manufacturing locally or employing Australian staff, these clarify roles and support your claims of substantial Australian input
Not every business will need all these, but you’ll almost always need supply and manufacturing agreements plus some form of IP protection done right. Getting legal help can save costly mistakes down the track.
What Are the Risks of Getting Country of Origin Labelling Wrong?
The main risks are legal and reputational. Regulatory bodies like the ACCC regularly investigate and fine companies for misleading country of origin claims, especially regarding ‘Made in Australia’ labels. Penalties can include:
- Large fines for each breach of consumer law
- Public correction, product recalls, and enforced changes to packaging or marketing
- Negative media attention and loss of consumer trust
- Breach of contract if your agreements with retailers or distributors require lawful and accurate labelling
It’s also worth noting that when exporting, other countries may have their own country of origin labelling rules. Always check the local laws in your target export market.
Do I Need Legal Advice To Use a ‘Made in Australia’ Label?
While some small businesses manage labelling on their own, it’s easy to make a mistake – especially with changing supply chains, new product lines, or complex manufacturing processes. That’s why many manufacturers, wholesalers and even startups find it useful to consult a business lawyer when launching a new product or rebranding.
A lawyer can help you:
- Audit your processes and verify whether your country of origin claims are valid
- Draft or review supply agreements and contracts with manufacturers, suppliers, or retailers
- Register and protect your trade marks or designs
- Advise you on how to handle complaints or regulatory scrutiny
With the right legal foundation, you can confidently promote your products as ‘Made in Australia’ and focus on building a successful and trusted brand.
Key Takeaways
- Using a ‘Made in Australia’ label is only legal if your product is substantially transformed in Australia and at least 50% of production costs are local.
- Food products have extra rules under the Country of Origin Food Labelling Standard – be sure to comply with these specific requirements.
- To use the official ‘Australian Made’ kangaroo symbol, your product must qualify and you must be licensed by the authorised organisation.
- Back up your claims with clear records: document your supply chain, costing, and manufacturing processes.
- Review your business structure, contracts, and IP protections as part of your overall compliance plan.
- Incorrect or misleading labelling can lead to fines, product recalls, and reputational harm – it’s worth getting right from day one.
- Legal advice can smooth out the compliance process, protect your business, and support your brand’s credibility in the Australian market.
If you’d like a consultation on ensuring your products meet ‘Made in Australia’ labelling requirements, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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