Using The Australian Made Logo: Legal Requirements For Businesses

The Australian Made logo is one of the most recognised trust marks in the country. If your products are genuinely made here, that green-and-gold kangaroo can build credibility, lift conversion rates and help you stand out from imported alternatives.

But you can’t just add the logo to your packaging or website. It’s a certification trade mark, there’s a formal licensing process, and your claims about origin must also comply with the Australian Consumer Law (ACL). Getting this right protects your brand and avoids costly reprints, complaints or enforcement action.

In this guide, we’ll cover who can use the Australian Made logo, how licensing works, what the ACL expects of country-of-origin claims (including the “safe harbour” rules), and the contracts and processes that make compliance much easier as you grow.

What Is The Australian Made Logo (And Who Owns It)?

The Australian Made logo is a registered certification trade mark used to indicate that goods meet specific Australian origin criteria. The mark is owned, managed and licensed by Australian Made Campaign Limited (AMCL), a not‑for‑profit that promotes Australian products.

Because it’s a certification mark, you need permission (a licence) to use it. The licence sets out which products are covered, how the logo must appear, and the origin and quality rules you must maintain. AMCL can monitor and audit use to preserve trust in the symbol for consumers and retailers.

Who Can Use The Australian Made Logo?

You may be eligible if your products genuinely meet the relevant origin criteria and you hold a current AMCL licence for those products. Whether you qualify depends on your product category and how and where the key manufacturing steps occur.

Eligibility Basics

At a high level, to make an “Australian Made” claim your product should have undergone substantial transformation in Australia (a significant manufacturing process that changes the fundamental nature of the goods) and meet any other AMCL criteria for your category.

There are related claims with different tests, including “Product of Australia” and “Australian Grown”. The wording matters because it communicates different things about sourcing and processing. Aim for the claim that accurately reflects your supply chain, not the one that sounds strongest.

Country‑Of‑Origin Rules Under The ACL

Holding a logo licence doesn’t replace your obligations under the Australian Consumer Law. Country‑of‑origin statements are advertising claims and must not mislead or overstate local content. The general ban on misleading or deceptive conduct in section 18 applies to all of your marketing and packaging. There’s also a specific prohibition on false origin representations in section 29.

ACL “Safe Harbour” Tests (Why They Matter)

The ACL includes “safe harbour” provisions for certain origin claims. If you meet these tests, you have a defence if challenged. In simple terms:

• Made in Australia: The goods were substantially transformed in Australia and 50% or more of the total production or manufacturing costs were incurred in Australia.
• Product of Australia: All, or virtually all, of the production or manufacturing processes happened in Australia and all significant ingredients or components are from Australia.
• Grown in Australia: Typically for agricultural goods-grown, raised or harvested in Australia.

These tests are more stringent than some marketing “feel” for a product’s origin. If your claim is close to the line, sense‑check it against these thresholds before you print packaging.

Evidence And Record‑Keeping

Back every origin claim with documentation. Keep supplier declarations, bills of materials, production costings and process maps showing what happens here versus overseas.

If you rely on multiple suppliers or imported components, implement version control and a routine review. A small change in an ingredient’s source or a production step moving offshore can shift your eligibility or the accuracy of your claim.

How Do You Get Licensed To Use The Logo?

The process is straightforward, but success depends on how well you’ve mapped and evidenced your supply chain. Here’s a practical sequence you can follow.

1) Map Your Product And Choose The Right Claim

List each input for every SKU. Identify where each component is sourced and what processing occurs in Australia. Decide whether “Australian Made”, “Product of Australia” or another claim genuinely fits. Use the ACL safe harbour tests above as a cross‑check.

2) Apply For A Licence With Evidence Ready

Apply to AMCL for the specific products you want covered. Be prepared to provide supporting evidence-supplier declarations, bills of materials and production cost summaries are typical. This prep work makes the process smoother and faster.

3) Follow The Style Guide And Usage Rules

Once licensed, use the correct logo version, colours, size and placement as specified. Only apply the logo to the products included in your licence. If you introduce a new SKU or alter a process, reassess eligibility and, if needed, seek an update to your licence before using the logo.

4) Prepare For Monitoring Or Audits

AMCL may conduct checks. Keep origin evidence accessible, and make sure your team knows who to contact internally before changing packaging, suppliers or production steps. Treat origin evidence like any other critical compliance record.

5) Align Your Contracts And Processes

Build origin assurance into your supply chain. Your agreements should require accurate origin disclosures, notice of changes and access to documents when needed. Clear rights in a Manufacturing Agreement or Supply Agreement make ongoing compliance and audits much easier.

Marketing Compliance: Beyond The Logo

Using the logo is only one part of telling an “Australian Made” story. Everything around the product also needs to be accurate and consistent with the ACL.

Misleading Or Deceptive Conduct

Your packaging, website, social posts, ads and in‑store materials should not create an impression of local manufacturing or ingredients that you can’t substantiate. Even tone and imagery matter-if the overall impression is misleading, you could breach section 18 or make a specific false origin claim under section 29.

If you’re planning a new campaign or a packaging refresh and feel uncertain, have a quick chat with a consumer lawyer before committing to a print run.

Environmental Or Sustainability Claims

Origin claims are often paired with sustainability statements (for example, “eco‑friendly”, “low carbon”, “recyclable”). These must be specific, accurate and supported by evidence. Avoid broad, unqualified claims if the proof is limited or context‑dependent. Consumers should be able to understand exactly what you mean and why it’s true.

Website And E‑Commerce Consistency

Ensure your product pages, icons and badges mirror your packaging claims. Keep descriptions clear about what’s made here versus sourced here. If you’re collecting personal information online for orders or marketing, assess whether you’re required to comply with the Privacy Act 1988 (Cth). Many small businesses under $3 million annual turnover are exempt unless a specific exception applies (for example, health providers, businesses trading in personal information, or those required under another law). Regardless, being transparent with a clear, tailored Privacy Policy is good practice for customer trust and can be legally required if an exception brings you into the regime.

Warranties And After‑Sales Care

Origin claims don’t replace your obligations under the ACL consumer guarantees. Be careful that any optional warranty documents or customer emails don’t promise more than you can deliver, or contradict the guarantees. Keep your returns and warranty processes aligned with your marketing story and the ACL.

Essential Legal Documents To Support Your ‘Australian Made’ Story

A strong legal foundation helps you maintain eligibility, collect the right evidence and reduce risk as you scale. You won’t need every document below, but most product businesses will rely on several.

• Manufacturing Agreement: Sets specs, quality standards, change control, audit rights and documentation obligations with your manufacturer-critical for substantiating origin and managing compliance. Consider a tailored Manufacturing Agreement if you outsource any steps.
• Supply Agreement: Locks in sourcing requirements, origin reporting and notification duties if inputs change. This keeps your claim accurate over time. A robust Supply Agreement is especially important if you have multiple suppliers.
• Terms of Trade / Customer Terms: Clear sales terms for wholesale or direct customers covering delivery, risk, returns and liability. Good Terms of Trade help manage expectations and reduce disputes.
• Website Terms & Conditions: Rules for using your online store, disclaimers and IP protections. Keep these consistent with your product descriptions and any badges presented.
• Privacy Policy (if required or as best practice): Explains how you handle personal information. While many small businesses are exempt from the Privacy Act, exceptions apply and transparency builds trust-particularly for e‑commerce and email marketing. A tailored Privacy Policy is often a smart move.
• Non‑Disclosure Agreement (NDA): Protects confidential supplier data, formulations and process know‑how when you’re discussing improvements or onboarding new partners.
• Trade Mark Registration (your brand): The kangaroo certifies origin, but your own brand is your long‑term asset. Register your brand name or logo as a trade mark to prevent competitors from trading off your reputation-start with Register Your Trade Mark.

Already have some of these? It’s worth a quick legal review to confirm they support your AMCL licence obligations and your ACL compliance processes.

Common Mistakes (And How To Avoid Them)

• Using the logo before licensing: It’s a certification trade mark. Wait until your licence is granted and only apply it to the approved SKUs.
• Choosing the wrong claim: “Australian Made”, “Product of Australia” and “Australian Grown” have different tests. Cross‑check your claim against the ACL safe harbour criteria before committing.
• Relying on verbal assurances: Bake origin evidence into your contracts and keep records current. Ask for supplier declarations and update them periodically.
• Letting packaging outrun production: Don’t finalise packaging until you’ve confirmed eligibility for the exact product version and its components.
• Not updating claims when inputs change: A new component source or a process moving offshore can shift eligibility. Reassess claims whenever your supply chain changes.
• Over‑enthusiastic marketing: Steer clear of imagery or copy that implies a stronger Australian connection than you can prove-this risks issues under section 18 and section 29.

Step‑By‑Step: Build A Simple Compliance Rhythm

1. Map your supply chain: Create a bill of materials and process map for each SKU, flagging what’s sourced locally and what’s done locally.
2. Tighten your contracts: Update your Manufacturing Agreement and Supply Agreement with origin disclosure and change‑notification clauses.
3. Choose your claim and apply: Confirm the right claim using the safe harbour tests, then apply to AMCL with your evidence. Hold off on packaging until the licence is issued.
4. Align packaging and digital assets: Follow the logo style guide and keep messaging consistent across labels, product pages and ads.
5. Review quarterly: Reconfirm supplier sources and costings, update declarations, and re‑check eligibility if anything shifts.
6. Sanity‑check marketing: Before publishing, ask whether a typical customer would take away a message you can prove. If unsure, get a quick view from a consumer lawyer.

Key Takeaways

• The Australian Made logo is a certification trade mark-licensing is mandatory and eligibility depends on how and where your product is made.
• Country‑of‑origin claims must comply with the ACL; the safe harbour tests provide useful thresholds for “Made in”, “Product of”, and “Grown in” statements.
• Strong evidence and regular record‑keeping are essential-track inputs, costs and processes so you can substantiate your claims at any time.
• Align your packaging, website and ads with your approved claim; avoid imagery or wording that suggests more local content than you can prove.
• Use solid contracts-like a Manufacturing Agreement, Supply Agreement and clear Terms of Trade-to lock in origin disclosures and support licence compliance.
• Consider brand protection and customer transparency: register your brand with trade mark protection and adopt a tailored Privacy Policy if you’re subject to the Privacy Act or want to build trust online.

If you’d like a consultation on using the Australian Made logo-covering eligibility, licensing, contracts and ACL compliance-you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.