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In Australia federal and state laws protect you, your business and your customers from unfair trading practices. These laws, together with industry codes of practice, help to ensure that your business operates fairly and competitively and that all consumers are adequately informed and protected^[1].

Fair Trading Laws

You must be aware of your rights and responsibilities according to fair trading laws.

Competition and Consumer Act 2010

The main federal law, the Competition and Consumer Act 2010 (CCA), ensures that trading in the marketplace is fair both for your business and your customers.

The act deals with almost all aspects of the marketplace: dealings with suppliers, wholesalers, retailers, competitors and customers. The CCA covers unfair market practices, industry codes of practice, mergers and acquisitions of companies, product safety, collective bargaining, product labelling, price monitoring, and the regulation of industries such as telecommunications, gas, electricity and airports.

The Australian Competition and Consumer Commission (ACCC) promotes good business practices for a fair and efficient marketplace. It provides businesses with information about federal competition, fair trading and consumer protection laws and is responsible for administering the CCA.

State fair trading laws

Each state and territory also has its own fair trading laws, usually referred to as the Fair Trading Act, with consumer protection provisions much the same as those in the CCA. 

State and territory fair trading offices can give general advice on your business rights and obligations under fair trading laws. However, if you're unsure how fair trading laws apply to your particular situation, then you are encouraged to obtain independent legal advice^[2].

Complying with the Competition and Consumer Act 2010

The CCA applies to just about every aspect of a business - for example, advertising, price setting, and transactions with other businesses or consumers. Complying with the CCA minimises the risk of breaking the law and may actually improve performance by giving your business a competitive edge^[3].

Businesses of all types can benefit from putting in place measures aimed at improving relations with their customers.  If you want to:

• improve your customer relations
• enhance your reputation
• effectively assess and manage risks
• avoid the costs of legal proceedings
• increase your staff awareness about fair trading laws

then consider establishing your own compliance program.

^{[1] Business.gov.au
[2] Business.gov.au
[3] Business.gov.au}