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If you operate a business that sells goods or services in Australia, you must comply with national, state and territory fair trading laws.

These laws apply to all business structures and both profit and not-for-profit businesses.

Australian fair trading laws:

  • protect consumers from misleading and unfair behaviour
  • let businesses compete fairly with each other
  • uphold the integrity of the marketplace
  • help make buying and selling goods and services fair for both the seller and buyer.  

It's important you know what your business's rights and obligations are.

National laws

Competition and Consumer Act 2010

The Competition and Consumer Act 2010 (CCA) is a national fair trading law.

The CCA sets out how all businesses operating in Australia must deal with their customers, competitors and suppliers. It promotes fair trading between competitors and the fair treatment of consumers.

The CCA covers areas such as:

  • unfair market practices
  • industry codes and regulations
  • mergers and acquisitions of businesses
  • product safety
  • collective bargaining
  • product labelling
  • price monitoring.

The Australian Competition and Consumer Commission (ACCC) enforces the CCA.

Some national, state and territory laws allow conduct that would normally breach the CCA. The CCA permits this conduct if the other law specifically authorises that conduct.

CCA guide for small businesses

This ACCC guide explains small businesses’ rights and responsibilities under the CCA. It’s important you understand these so you don’t break the law.

Read the guide

Australian Consumer Law

The Australian Consumer Law (ACL) is part of the CCA. It’s a set of rules that protect customers when they buy goods or services.

The ACL also protects you when you buy goods or services to help run your business.

The ACL sets out a:

  • business’s responsibilities
  • customer’s rights and guarantees.

State and territory consumer protection agencies and the ACCC jointly enforce the ACL.

Industry codes

Industry codes set the rules or minimum standards for a specific industry. They cover the relationship between industry participants and their customers. For example, the dairy code regulates the conduct between dairy farmers and milk processors.

Businesses:

  • must follow a prescribed mandatory code if they meet the code’s criteria
  • can sign up to a legally binding prescribed voluntary code if it applies to them
  • can choose to sign up to a non-prescribed voluntary code, which industries use to regulate themselves.

The ACCC administers and enforces all prescribed industry codes. Non-prescribed voluntary codes are not enforceable by law.

State and territory laws

States and territories have their own:

  • fair trading laws, which incorporate the ACL
  • consumer protection agencies that enforce their fair trading laws and the ACL.

Make sure you understand the consumer and trading laws in each state or territory you do business in. Contact the state or territory consumer protection agency if you need help working out which laws you need to comply with.

Access Canberra administers the ACT's Fair Trading (Australian Consumer Law) Act 1992. It has information on codes of practice and other business guides for traders.

NSW Fair Trading administers the NSW Fair Trading Act 1987.

Fair Trading's acceptable business conduct gives business operators information about fair trading in New South Wales.

Consumer Affairs administers the Northern Territory's Consumer Affairs and Fair Trading Act 1990.

It has information on trader issues, such as:

  • advertising
  • business tenancies
  • disposal of uncollected good
  • product safety.

The Queensland Office of Fair Trading administers the Queensland Fair Trading Act 1989.

The office has information on business rights and responsibilities.

Consumer and Business Services administers South Australia’s Fair Trading Act 1987.

It has information for businesses on:

  • fair trading laws
  • advertising
  • handling complaints
  • warranties.

Consumer Affairs Victoria administers the Australian Consumer Law and Fair Trading Act 2012.

Their forms and publications can help businesses understand fair trading.

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