New South Wales Act
Fair Trading Act 1987 (NSW)
Fair Trading Act 1987 supports consumer protection and fair trading rules in New South Wales.
Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.
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Quick read
- Fair Trading Act 1987 is part of the local consumer protection framework in New South Wales.
- For small businesses, the practical point is not only whether the Australian Consumer Law applies.
Likely relevant if
- Businesses selling goods or services to customers in New South Wales
- Retailers, ecommerce stores, marketplaces, trades and professional service businesses
- Businesses advertising prices, discounts, guarantees, warranties or product features
Check first
- Avoid misleading statements about price, quality, availability, guarantees or business credentials.
- Keep refund, repair and replacement processes consistent with consumer guarantees.
- Make advertising, discount and comparison claims clear enough to support with records.
What happens if you get it wrong
Penalties & enforcement
Fair trading breaches can lead to regulator action, court or tribunal orders, infringement notices, compensation orders, enforceable undertakings and reputational damage. Always check the current local Act and regulator guidance for the exact pathway.
Enforced by NSW Fair Trading
When this shows up in real life
- 1
Running a sale or promotion
Keep evidence for savings claims, stock limits, exclusions and advertised timeframes. Do not let website banners, checkout wording or staff scripts overstate the offer.
- 2
Handling a refund dispute
Check the product or service issue against consumer guarantees before relying on a store policy. A policy cannot remove rights that the law gives customers.
- 3
Launching in a new state
Review local fair trading rules and regulator guidance, especially if you use door-to-door sales, licensing, trust money, gift cards or sector-specific consumer rules.
Plain-English glossary
- Consumer guarantees
- Baseline rights consumers may have when goods or services fail to meet legal standards, regardless of what a business warranty says.
- Misleading conduct
- Conduct that can lead customers into error, including half-truths, important omissions and claims that cannot be substantiated.
- Local fair trading regulator
- The state or territory agency that handles many consumer complaints, compliance checks and enforcement steps.
Common questions
Does this replace the Australian Consumer Law?
No. State and territory fair trading laws usually sit beside the Australian Consumer Law and help apply or enforce consumer protection rules locally.
What should a small business check first?
Start with advertising claims, refund wording, complaint scripts, warranties, pricing displays and whether the business needs any local licence or registration for its activity.