Australian Consumer Law + consumer protection
Consumer guarantees, unfair contract terms (penalty regime from 9 November 2023), unconscionable conduct, product safety, misleading conduct + ACCC enforcement.
19
Obligations
6
Regulators
20
Recent enforcement
Regulators
Obligations (19)
- criticalCWLTHcurrentConsumer Credit Hardship Notice (NCC ss 72-73)
Credit providers must respond to hardship notice + assess variation request.
- criticalCWLTHcurrentHold AER authorisation as energy retailer
Selling electricity or gas to small customers requires AER retailer authorisation.
- criticalCWLTHcurrentButton + coin battery safety standard (mandatory)
Suppliers of products containing button + coin batteries must meet 2022 mandatory standard.
- criticalCWLTHcurrentDesign and Distribution Obligations (DDO) — RG 274
Issuers + distributors of retail financial products bound by DDO from 5 October 2021.
- criticalCWLTHcurrentComply with mandatory product safety standards + bans (ACL)
Schedule 2 ACL — suppliers must comply with mandatory product safety standards + permanent bans.
- highCWLTHcurrentComply with General Insurance Code of Practice (ICA)
ICA Code binds member insurers on conduct + claims + complaints.
- highNSWcurrentComply with Residential Tenancies Act 2010 (NSW)
Landlords + agents must lodge bonds with Rental Bond Board + comply with notice + minimum standards.
- highVICcurrentComply with Residential Tenancies Act 1997 (VIC)
VIC RTA 1997 (significantly amended 2021) — minimum standards, pets, no-fault terminations reformed.
- highNSWcurrentUnderquoting prohibition (NSW Property and Stock Agents Act 2002)
NSW real estate agents must not underquote — Maximum penalty $22,000.
- highCWLTHcurrentNotify ACCC of a voluntary recall within 2 days
Suppliers must notify the ACCC within 2 days of initiating a voluntary consumer product recall.
- highCWLTHcurrentComply with Telecommunications Consumer Protections (TCP) Code
Telcos must comply with the binding TCP Code covering credit assessment, billing, complaint handling and unwelcome contact.
- highVICcurrentDomestic Building Contracts Act 1995 (Vic) — warranties
Vic domestic building contracts include statutory warranties + insurance requirements.
- highNSWcurrentHome Building Compensation Fund (NSW)
NSW residential building work >$20,000 requires HBCF insurance.
- highVICcurrentUnderquoting prohibition (Vic Estate Agents Act 1980)
Vic real estate agents must not underquote a property sale price.
- highCWLTHcurrentAvoid unfair contract terms in standard form consumer & small business contracts
From November 2023, unfair contract terms carry pecuniary penalties — up to $100M per term (from 28 March 2026).
- mediumCWLTHcurrentGEMS (Greenhouse + Energy Minimum Standards)
Regulated products must meet energy efficiency MEPS + display label.
- mediumCWLTHcurrentCustomer Service Guarantee (CSG)
Standard telephone service providers face CSG financial penalties for missed connection + repair timeframes.
- mediumCWLTHcurrentEnergy Bill Relief Fund + state cost-of-living payments compliance
Retailers + suppliers administering federal/state energy bill relief must apply correctly + report.
- mediumCWLTHcurrentComply with the ePayments Code
Voluntary but industry-standard code covering electronic transaction terms, mistaken internet payments, and unauthorised transactions.
Recent enforcement
- acccinvestigation2025ACCC further investigation — Bunnings (pricing claims)
Ongoing ACCC supermarket-style pricing claim investigations extended to large retailers.
- acccinquiry2025ACCC supermarkets price inquiry (2024-2025)
ACCC supermarkets inquiry (Coles + Woolworths) launched Jan 2024; final report Feb 2025. Found significant market power but limited per se misuse; recommended unit pricing reforms + supplier protections.
- accccourt judgment2024ACCC v REA Group (misleading commissions)
ACCC alleges aspects of REA agent commission + product disclosure on realestate.com.au were misleading.
- accccourt judgment2024ACCC v Bunnings (lowest prices guaranteed)
ACCC investigation into Bunnings' 'lowest prices are just the beginning' representations — comparative pricing claims and price-matching policy applicability.
- accccourt judgment2024ACCC v Coles Supermarkets and Woolworths (prices)
ACCC alleges both supermarkets engaged in misleading conduct by raising prices then lowering them to appear as 'Down Down' or 'Prices Dropped' specials.
- acccinvestigation2024ACCC v Coca-Cola (sugar tax + advertising)
ACCC reviewed Coca-Cola product claims + sugar-tax advertising.
- accccivil penalty$50.0M2024ACCC v Telstra (in-store sales misleading representations)
Telstra admitted unconscionable in-store sales conduct affecting Indigenous customers in remote NT + WA stores from 2016-2018.
- accccourt judgment2024ACCC v Meta Platforms (scam celebrity ads)
ACCC alleges Meta published scam advertisements impersonating Australian public figures despite being notified, and didn't take adequate steps to detect or remove them.
- accccivil penalty$950K2024ACCC v ASICS Oceania (consumer guarantees)
ASICS Oceania misled consumers about their rights to refunds/replacements under consumer guarantees.
- accccivil penalty$100.0M2024ACCC v Qantas Airways (ghost flights)
Qantas continued to sell tickets on more than 8,000 flights it had already cancelled and failed to promptly inform customers of more than 10,000 flight cancellations.
- accccivil penalty$100.0M2024ACCC v Qantas (ghost flights)
ACCC alleged Qantas sold tickets for cancelled flights ('ghost flights') + delayed advising 86,000+ customers.
- accccivil penalty$12.5M2024ACCC v Mercedes-Benz Australia / Pacific (Takata airbags)
Mercedes failed to communicate to consumers the seriousness of recalled Takata airbag inflators and made misleading representations about the urgency of replacement.
- acccrecall compliance2023ACCC product safety — vehicle recalls (Takata airbags)
ACCC monitored 3M+ Takata airbag recalls across Australian vehicles, with completion rates reported quarterly.
- accccivil penalty2023ACCC v Domain Holdings (misleading property listings)
Domain published property listings ACCC alleged were misleading in respect of pricing + property attributes.
- accccivil penalty$60.0M2022ACCC v Google LLC (location data)
Google misled Android users about the personal location data it collected, retained, and used by representing that the Location History setting controlled all location collection when other settings also collected data.
- accccivil penalty$21.0M2022ACCC enforcement — Uber misleading representations
Uber misled customers about cancellation fees + ride pricing during certain promotional periods.
- accccivil penalty$44.7M2022ACCC v Trivago (misleading hotel pricing)
Trivago's algorithm pushed hotels paying highest cost-per-click rather than cheapest rates to top of results.
- accccompliance2020ACCC monitoring — Volkswagen + Audi Dieselgate restitution
Post-Dieselgate restitution monitoring + buyback compliance.
- accccivil penalty$125.0M2019ACCC v Volkswagen Aktiengesellschaft
VW admitted misleading conduct in relation to emissions testing on diesel vehicles ('Dieselgate'). Vehicles were configured to detect testing conditions and operate in a low-emissions mode.
- accccivil penalty$125.0M2019Volkswagen — emissions scandal (AU)
ACCC alleged VW + VW Australia engaged in misleading conduct re: emissions of certain diesel vehicles.