Pricing and your obligations under the Australian Consumer Law

Businesses have to consider many provisions of the Australian Consumer Law (ACL) when they advertise their products or services—not just those related to price representations. The ACL is a schedule to the Competition and Consumer Act 2010. These provisions are quite simple rules that are designed to ensure that businesses trade fairly with consumers.

The ACL supports the sound and ethical business practice of telling the truth and apply nationally and to conduct in all states and territories. 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 ACL can be confusing for many businesses. Recognising this, the ACCC has released several industry-specific guides, checklists and publications, some of which specifically address the issue of pricing practices, to help businesses comply with their legal obligations and minimise their risks. In particular, the ACCC has a range of materials to assist industry to comply with the component pricing provisions of the ACL.

The links below will take you to our publications on advertising, but you should review the complete list of publications (see Publications on the left-hand side of this page) to see whether 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 ACL and the Competition and Consumer Act more broadly.