Sapna is a content writer at Sprintlaw. She has completed a Bachelor of Laws with a Bachelor of Arts. Since graduating, she has worked primarily in the field of legal research and writing, and now helps Sprintlaw assist small businesses.
Clear, honest point of sale (POS) advertising isn’t just good customer service - it’s the law in Australia.
From shelf labels and price tickets to in‑store posters and digital screens, what you display at the counter (and anywhere a customer is deciding to buy) must comply with the Australian Consumer Law (ACL) and related rules.
In this guide, we’ll break down what “POS advertising” covers, the key legal rules on pricing and promotions, common pitfalls to avoid, and the practical documents and policies that help you stay compliant.
What Is POS Advertising And Why Does It Matter?
POS advertising is any message or display at or near the point where a customer makes a purchasing decision. Think shelf tags, “was/now” price tickets, multi‑buy offers, limited‑time promotions, competition posters, claims about quality or origin, payment method decals, and refund signage at the counter.
These messages influence buying decisions right when customers are most likely to act. If they’re wrong or unclear, you risk breaching consumer law, losing trust, and facing penalties.
The good news? With a handful of simple rules and the right processes, you can advertise confidently at the POS and reduce legal risk.
The Core Legal Rules: Australian Consumer Law At The POS
The ACL applies to all businesses that sell goods or services in Australia. It requires your POS advertising to be accurate, clear and not misleading or deceptive. This applies to both what you say and what you leave out (silence can mislead if you omit key conditions).
Misleading Or Deceptive Conduct
Your POS material must not mislead customers about price, features, availability, origin, quality, or savings. This is the broad, catch‑all rule under the ACL. Claims should be true, current and substantiated.
If you make specific statements (e.g. “100% Australian made”, “waterproof”, “limited to the first 50 customers”), make sure you can back them up and the limitation is real. For a deeper dive into false or misleading claims, see Section 29 of the ACL.
Pricing Representations
Prices displayed at the POS must be the total price a consumer will pay (including mandatory fees and taxes), unless you also prominently display the total price. Avoid “drip pricing” (adding unavoidable fees late in the checkout). Sprintlaw has a detailed overview of advertised price laws in Australia.
Refunds And Consumer Guarantees
“No refunds” signs can mislead because consumers have non‑excludable rights when goods are faulty, not fit for purpose, or don’t match their description. You can explain your change‑of‑mind policy, but you cannot restrict rights under the ACL.
If you offer your own warranty on top of ACL rights, ensure your wording meets the law for “warranties against defects” - the required mandatory text and details can be formalised in a compliant Warranties Against Defects Policy.
Pricing At The Point Of Sale: What You Can And Can’t Do
Most compliance issues at the counter come back to how you present prices. Here are the main rules to follow.
Show The Total Price Clearly
- Display the full price payable, including GST and any unavoidable fees or charges.
- If you show a component price (e.g. per unit), the total price must still be prominent near the offer.
Avoid Drip Pricing
- Don’t advertise a price then add mandatory fees (booking, handling, service) at the register. Include these upfront or present the total prominently alongside any breakdown.
“Was/Now” And Savings Claims
- Only use “Was $X / Now $Y” if the “Was” price was genuine for a reasonable period and the product was actually offered at that price.
- Percentage or dollar‑off claims should match real savings for the items on offer, not a few examples.
Multiple Prices On Display
- If the same item shows more than one price, you generally need to sell at the lower price or withdraw the product until the price is corrected.
- Have a clear process for staff to escalate price discrepancies and fix shelf tickets quickly.
Unit Pricing
- In some sectors (like groceries), unit pricing requirements apply to help customers compare value (e.g. price per 100g). If relevant to your business, make sure your labels meet those standards.
Tip: Build regular shelf‑label audits into your store routine so total price, unit price (if required) and promotional tickets are consistent and up to date.
Promotions, Discounts And Competitions: Getting The Fine Print Right
Special offers are powerful, but the fine print matters. If terms are unclear at the POS, customers can be misled even if you didn’t intend it.
Limited‑Time And Stock‑Limited Offers
- State the offer period and any applicable exclusions or limits in clear, plain language.
- If stock is genuinely limited, say so. Don’t run a promotion if you can’t meet expected demand.
Multi‑Buy, Bundles And Conditional Discounts
- Explain exactly how the discount applies (e.g. “2 for $30 on marked items only”).
- Make sure your POS system calculates the discount correctly at checkout, including when customers mix eligible and non‑eligible items.
Competitions, Games Of Chance And Giveaways
- Trade promotions often need a permit depending on the state/territory and prize value, and must have clear T&Cs accessible at the POS.
- Your in‑store posters and entry forms should align with your T&Cs (eligibility, how to enter, start/end dates, prize draw details). Review the general giveaway laws in Australia and consider tailored advice if you’re running national promotions.
Where your campaign is more complex or national in scope, it’s wise to obtain specific guidance - Sprintlaw offers practical help with operating a competition so your T&Cs and permits are in order before you launch.
Payment Methods, Surcharges And Receipts: Avoid Common Pitfalls
What you display about payment options at the counter is part of your POS advertising. Keep these rules in mind.
Refusing Or Limiting Cash
In most retail settings, you can choose which payment methods you accept if you make this clear before the sale - for instance via decals or notices near the entrance and counter. There are nuances though, so it’s worth understanding the rules around refusing cash payments in Australia.
Surcharges And Card Fees
- Surcharges must reflect your reasonable cost of acceptance and be disclosed clearly before payment.
- Display surcharge rates prominently, not just on the receipt after the fact.
Buy Now, Pay Later And Credit Terms
- If you offer instalments, memberships or BNPL in‑store, your POS signage must not downplay costs or conditions.
- For direct debit or recurring payments (e.g. gyms, memberships), ensure your process complies with direct debit laws in Australia and your contracts set out cancellation and dispute processes clearly.
Receipts And Record‑Keeping
- Provide receipts for transactions above the legal threshold or whenever requested, and include required details (business identity, ABN if applicable, items, total price, date).
- If you print return/refund terms on receipts, remember these don’t override the ACL - they should complement your in‑store signage and be consistent with your posted policy.
What Policies And Documents Should Support Your POS Advertising?
Your POS signage works best when it’s backed by clear, legally robust policies and contracts. These documents help you train staff, align your systems, and handle disputes quickly.
- Terms of Trade: Sets out how you sell to customers (pricing, delivery/collection, title and risk, returns, and liability limits) in plain language that aligns with your POS signs.
- Warranties Against Defects Policy: If you offer store warranties, ensure your mandatory wording and processes are compliant and consistent across signs, receipts, and customer communications.
- Privacy Collection Notice and Privacy Policy: If you collect personal information at the counter (loyalty programs, competition entries, BNPL applications), tell customers what you collect and why, and link to your full policy.
- Competition Terms & Conditions: For in‑store promotions, have accessible T&Cs that match your posters and entry forms, including start/end dates, how winners are chosen, and prize details.
- Refunds & Exchanges Policy: A clear, ACL‑compliant statement you can display at the POS and on receipts. Avoid “No refunds” language and focus on how you honour consumer guarantees and handle change‑of‑mind returns.
- Staff Training Guide: Not a “legal” document, but critical. Summarise key POS rules (pricing, refunds, promotions, surcharges) so your team can answer questions consistently.
Bringing these parts together helps ensure your POS messaging, receipts and system logic all tell the same story - reducing the chance of complaints or regulatory attention.
Common POS Pitfalls To Watch Out For
- Old shelf tickets left up after a price change.
- “From $X” claims without enough stock at the lead price.
- Bundled discounts that don’t scan correctly at checkout.
- Competition posters with dates or prizes that don’t match your final T&Cs.
- “Store warranty” wording that conflicts with ACL consumer guarantees.
- Payment surcharges that aren’t disclosed until after the sale.
It’s worth scheduling regular POS audits (pricing, signage, promotions, payment decals) and keeping a simple checklist for store managers.
POS Advertising In Regulated Categories
Some industries have extra POS rules (e.g. alcohol or age‑restricted products). In addition to the ACL, check relevant state/territory licensing and signage requirements for notice wording, ID checks, or product display rules. If your store runs frequent competitions or memberships, it’s also smart to align your POS scripts and signage with the terms in your customer contracts and your payment processes.
Key Takeaways
- POS advertising includes any claim or price you present where customers make buying decisions - it must be accurate, clear and not misleading under the ACL.
- Display total prices upfront, avoid drip pricing, and ensure “was/now” and savings claims reflect genuine prices and real discounts.
- Refund signs must respect consumer guarantees - avoid “No refunds” language and align your signage with a compliant store policy.
- Promotions and in‑store competitions need clear terms; permits may be required, and your posters must match your T&Cs.
- Be upfront about payment methods and surcharges, and follow rules for direct debit, BNPL and recurring payments.
- Support your POS with the right documents - Terms of Trade, a Warranties Against Defects Policy, Privacy notices, competition T&Cs, and staff training materials.
If you’d like tailored advice on POS advertising rules for your retail business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








