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 products in Australia, there’s a good chance customers will look for “Australian made” branding on your packaging, website or marketing. Country of origin claims can be a powerful trust signal - but they’re also tightly regulated.
Getting your “Made in Australia” label right isn’t just about a green and gold kangaroo. There are specific legal tests under Australian law, different rules for food vs non‑food products, and strict penalties if claims are misleading.
In this guide, we’ll break down exactly what “Made in Australia” means, how the food origin labels work, what evidence you’ll need to back up your claims, and a practical checklist to help you stay compliant.
Whether you’re a manufacturer, importer, or brand owner, this article will help you label confidently and reduce risk - so you can focus on growing your business.
What Does “Made In Australia” Actually Mean?
In Australia, origin claims are regulated under the Australian Consumer Law (ACL). You can’t mislead customers about where your product was made, grown or produced.
There are a few common claims, each with its own test. Understanding the differences is essential before you print packaging or publish marketing materials.
“Made In Australia”
“Made in” means the product was substantially transformed in the claimed country. Substantial transformation happens when the product is fundamentally different in identity, nature or essential character from its imported components after processing in Australia.
For example, importing raw components and assembling them into a finished appliance in Melbourne will often meet the substantial transformation test. Simply repackaging, diluting, or minor processing generally won’t.
Importantly, the older “50% production cost” threshold is no longer required for “made in” claims. The focus is on whether your Australian process creates something fundamentally new.
“Product Of Australia”
“Product of” is a higher bar than “made in.” To claim “Product of Australia,” all or virtually all of the significant ingredients must come from Australia and all or virtually all of the processing must occur here.
This is typically appropriate for agricultural products and foods where the inputs and processing are overwhelmingly Australian. If you use imported key ingredients, you’ll usually fall short of “product of.”
“Grown In Australia”
“Grown in” is used for agricultural goods. It applies when the product was grown in Australia - for instance, crops harvested or animals reared here. It can also cover products with multiple stages of growing that all occurred in Australia.
“Packed In Australia”
“Packed in” is a fallback where the origin of ingredients is mixed or unclear. It indicates the product was packaged in Australia, but doesn’t claim that it was made or produced here. This claim must not mislead consumers about the true origin of the product or its ingredients.
How Do Country Of Origin Food Labels Work?
Food sold in Australia has additional, specific labelling rules under the Country of Origin Food Labelling Information Standard 2016. You’ve no doubt seen the mandatory panels on “priority foods” - the kangaroo symbol, bar chart, and explanatory text.
Priority vs Non‑Priority Foods
“Priority foods” include most food sold for retail in Australia, except a small set of non‑priority foods (like seasonings, confectionery and some snack foods) with simplified rules. If your product is a priority food, you must display a standardised label that communicates:
- Made/Produced/Grown in a specific country (often Australia), based on the relevant test; and
- The percentage of Australian ingredients by ingoing weight, shown in a bar chart and text.
For example, a jar of pasta sauce made in Australia from 70% Australian ingredients would typically carry the kangaroo symbol (indicating it was made here), plus a bar chart and text such as “Made in Australia from at least 70% Australian ingredients.”
The Kangaroo Symbol And Bar Chart
On priority foods, the kangaroo symbol within the standard panel signals the food meets a “Made in/Produced in/Grown in Australia” test. The bar chart and percentage line show how much of the ingredients are Australian - this is a transparency measure to avoid misleading shoppers.
Non‑priority foods have more flexibility, but origin claims must still be accurate and not misleading. You can’t use a standard panel if you don’t meet its requirements.
Note: There is a separate green and gold “Australian Made” logo that many businesses use for non‑food products. That logo is administered under a licensing program - you still need to meet the relevant “made in” or “product of” tests to use it correctly.
Common Claims And How To Substantiate Them
Origin claims must be true, and you should be able to prove them if asked by a regulator. Here are common phrases, what they mean legally, and what evidence you should keep.
“Australian Made And Owned”
This phrase combines a “made in” origin claim with a statement about Australian ownership of the business. You need to meet the substantial transformation test and ensure the ownership claim is accurate (e.g., the company is majority Australian‑owned). Keep corporate records handy to substantiate ownership.
“Made In Australia From Imported Ingredients”
This indicates the processing that created a fundamentally new product happened here, but key inputs were imported. It’s a transparent way to communicate that you meet “made in” without implying local ingredients. Keep supplier invoices, bills of materials, and manufacturing records showing the Australian processing steps.
“Product Of Australia” For Food And Non‑Food
Only use this when ingredients and processing are Australian to an “all or virtually all” standard. Maintain ingredient provenance statements, certificates of origin, and production logs to back the claim.
Ethical Or Environmental Claims Alongside Origin
If you combine origin claims with statements like “sustainably sourced” or “locally crafted,” make sure each claim is independently accurate and backed by evidence. Under the ACL, you can’t make broad, unqualified claims if they could mislead reasonable consumers. It’s wise to align any statements with your Warranties Against Defects Policy and quality control processes.
Legal Risks And Penalties If You Get It Wrong
Misleading origin claims can attract significant penalties, court orders, corrective advertising, and reputational damage. The ACCC actively enforces country of origin laws and expects businesses to hold evidence that supports their statements.
Two core provisions of the ACL often apply here:
- Section 18, which prohibits misleading or deceptive conduct; and
- Section 29, which bans false or misleading representations about a range of matters, including the place of origin of goods.
Even if you don’t “intend” to mislead, what matters is how a reasonable consumer would interpret your claim. The safest approach is to use clear, qualified language and only make claims you can substantiate.
A Practical Labelling Compliance Checklist
Use this step‑by‑step checklist before you design packaging, print labels or launch your product page:
- Map your supply chain. List all inputs and their origin by weight or cost (as relevant) and identify where each processing step occurs.
- Choose the correct origin claim. Decide whether “Made in,” “Product of,” “Grown in,” or “Packed in” applies based on your evidence. If the facts change between batches, update the claim.
- For food, confirm if it’s a priority food. If so, prepare the standard origin label with the kangaroo symbol (if applicable), bar chart, and accurate percentage text.
- Qualify claims where appropriate. If ingredients are imported, consider “Made in Australia from imported ingredients” or state the percentage of Australian content.
- Keep substantiation on file. Maintain supplier declarations, invoices, manufacturing records, and calculation spreadsheets supporting your claim. Be prepared for an ACCC substantiation notice.
- Avoid “australianising” imagery that misleads. Flags, maps, or kangaroos can imply origin - don’t use them if the underlying claim isn’t true or is only partly true without qualification.
- Align your website and marketing. The same rules apply online. Ensure your product pages, socials and ads reflect the same origin claim as your packaging.
- Build origin into your contracts. Require suppliers and manufacturers to provide accurate origin information and notify you of changes that could affect your label.
- Review related consumer law obligations. Ensure your refunds, warranties, and advertising practices comply with the ACL beyond origin claims.
Best Practice: Build Compliance Into Your Contracts And Policies
Origin claims don’t exist in a vacuum. They sit alongside broader consumer law and ecommerce compliance. A few foundational documents help manage risk and keep your business consistent across packaging, online channels and customer service.
- Terms of Sale: Set out product descriptions, shipping, risk, refunds and liability limits in clear, consumer‑friendly language that aligns with your labelling and marketing.
- Privacy Policy: If you sell online or collect customer details, clearly explain how you collect, use and store personal information in line with the Privacy Act.
- Website Terms And Conditions: Set rules for using your site, IP ownership and acceptable use, ensuring your online content and origin claims are presented consistently.
- Supply Agreement and Manufacturing Agreement: Include warranties around ingredient provenance, change‑notification requirements, audit rights, and remedies if origin info is inaccurate.
- Trade Mark: Protect your brand names and logos so competitors can’t free‑ride on your Australian brand positioning. Choosing correct trade mark classes helps future‑proof your protection.
- Warranties Against Defects Policy: Keep warranty statements accurate and consistent with the ACL and your product claims.
When your contracts require accurate origin information from suppliers and your customer‑facing policies echo the same facts, you dramatically reduce the risk of inconsistent or misleading claims.
Frequently Asked Questions About “Made In Australia” Claims
Do I Need To Use The Kangaroo Logo?
For priority foods, the country of origin label format is mandatory and includes the kangaroo symbol when an Australian origin claim is made. For non‑food products, use of the Australian Made logo is optional and subject to licensing and meeting the relevant “made in” or “product of” tests.
Can I Say “Designed In Australia” If It’s Made Overseas?
Yes, if it’s true - but be careful not to imply the product was made here. Use clear wording like “Designed in Australia, made in ” and avoid combining with imagery that suggests Australian manufacture. Ensure the overall impression isn’t misleading.
What If My Ingredient Mix Changes Over Time?
Origin claims should reflect the current state of your supply chain. If your percentage of Australian ingredients changes for food labels, update the bar chart and text. For non‑food products, re‑assess whether you still meet “made in” or “product of” tests.
Do These Rules Apply To Online Stores?
Yes. The ACL applies to online and offline representations. Your product pages, digital ads and social posts must accurately reflect the same origin claims as your packaging. Ensure your Website Terms and Conditions and customer information are consistent with what you put on the label.
Key Takeaways
- “Made in Australia” requires substantial transformation in Australia; “Product of Australia” is stricter and needs all or virtually all ingredients and processing to be Australian.
- Food has additional mandatory panels: for priority foods, the kangaroo symbol, bar chart and percentage of Australian ingredients are required with clear wording.
- Use precise, qualified claims like “Made in Australia from imported ingredients” when appropriate, and avoid imagery that could mislead.
- Keep strong evidence (supplier declarations, manufacturing records, calculations) to substantiate your origin claims if regulators ask.
- Align packaging, websites, and marketing so the overall impression is accurate and compliant with the ACL’s rules on misleading conduct and representations.
- Back your labelling with solid contracts and policies - clear Terms of Sale, supplier warranties, and brand protection reduce your risk.
If you’d like a consultation on getting your “Made in Australia” labelling and supporting documents right, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
