Businesses have to consider many provisions of the Trade Practices Act when they advertise their products or services—not just price. However, the unfair practices and consumer protection provisions of the Act in Parts V and VC are quite simple rules that are designed to ensure that businesses trade fairly with consumers.
These provisions support the sound and ethical business practice of telling the truth and are mirrored in state and territory fair trading legislation. They apply to any kind of conduct or behaviour in commercial matters that could be misleading, deceptive or untruthful such that the conduct or behaviour could give another party to a transaction the wrong impression or idea.
Pricing goods and services in accordance with the relevant provisions of the Act can be complicated for many businesses. Recognising this, the ACCC has released several industry-specific guides. It also has other publications on specific constituents of price and checklists and publications to help businesses comply with their legal obligations and minimise their risks.
The links below will take you to our publications on advertising, but you should review the complete list of publications (see publications on the bottom left-hand side of this page) to see if there are more detailed ones on issues that concern you.
Businesses must obtain independent legal advice. The guides and other publications can only provide an indication of general principles and factors that the courts may consider when determining whether any particular conduct has breached the Act.
