Who must comply with Loyalty programs must comply with ACL transparency + UCT?

Loyalty program T&Cs governed by ACL — UCT regime + misleading conduct.

Loyalty programs (Qantas FF, Velocity, Flybuys, etc.) subject to standard form contract regime (UCT regime since November 2023) + s 18 ACL misleading conduct. ACCC inquiry 2019 + ongoing enforcement.

Applies only if you run a customer loyalty program. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Loyalty program operators + retail brands using them.

What triggers it: Operating a loyalty program with standard form T&Cs.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (5 of 35: only if a further fact applies; 30 of 35: no).

Structure does not change the answer in the 5 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 5 industries it can reach: at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in cafés & restaurants with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you run a customer loyalty program.

The engine shows this obligation as "check whether this applies" when a business has consumer customers and industry: Retail trade / E-commerce & online retail / Manufacturing or industry: Cafés & restaurants / Hotels, pubs & licensed venues. It then applies only if you run a customer loyalty program. That fact is not something Rules Mate can infer from industry, structure or size.

When due

Continuous.

Frequency

Ongoing

Evidence to keep

Reviewed T&Cs against UCT framework; transparency notices; complaints register.

Status

Current

Priority

Medium

Maximum penalty: ACL penalties up to $100M / 30% turnover for serious misleading conduct or UCT (from 28 March 2026)

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• Comply with the Spam Act 2003 (consent, identify, unsubscribe): All commercial electronic messages must have consent, identify the sender, and offer a working unsubscribe.
• Comply with the Therapeutic Goods Advertising Code: Advertising of therapeutic goods to consumers must comply with the TGA Advertising Code and prohibited representations.
• Influencer + ad disclosure under ACL + AANA Code: Paid content must be clearly disclosed as advertising — #ad #spon are not enough on their own.
• Wash outbound marketing lists against the Do Not Call Register: Lists must be washed within 30 days of the call/SMS unless valid consent.
• Comply with AANA Code of Ethics + community guidelines: Self-regulatory advertising standards enforced by Ad Standards (formerly ASB).

Rules Mate tracks 7 published obligations tagged "marketing", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated medium priority, and is an ongoing duty.

Regulated by Australian Competition and Consumer Commission.

ACCC: Competition and consumer regulator administering the Competition and Consumer Act 2010 and Australian Consumer Law, plus industry codes and infrastructure access regimes.

• Australian Competition and Consumer Commission

CCA: Australia's competition + consumer protection law.

• Competition and Consumer Act 2010

Free tools that help with this obligation:

• Privacy Act 2026 readiness
• NDB notification timer
• Marketing compliance check (Spam Act)