Misleading Conduct WA (2026) - ACL §18 & WA Fair Trading Act
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Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Section 18 of the ACL — "misleading or deceptive conduct" — is one of the broadest consumer protections in any common-law jurisdiction. A business must not engage in conduct that is misleading or deceptive, or likely to mislead or deceive. The provision is so wide that it does most of the work in modern Australian consumer litigation.
- What it covers: advertising, product labelling, sales pitches, websites, social-media posts, and even silence — failing to disclose information you'd reasonably need to know.
- No intent required: the business doesn't have to mean to mislead. If a reasonable person would be misled, the conduct breaches s. 18.
- Specific prohibitions (ss 29–37): false claims about quality, price, origin, sponsorship, testimonials, or "was/now" pricing. Bait advertising — advertising a product at a low price without reasonable stock — is also prohibited.
- Penalties: individuals face fines up to $2.5 million; companies face up to $50 million, three times the benefit gained, or 30% of adjusted turnover (whichever is greatest).
The ACCC has been increasingly aggressive on s. 18, including against online businesses, app stores, and social-media influencers — anyone whose "reach" counts as conduct in trade or commerce.
When does it apply?
- A business made a false or misleading claim in connection with the supply of goods or services.
- You relied on the claim and suffered loss or damage as a result (e.g., you bought a product you would not have otherwise purchased).
- Applies to all businesses operating in Australia, including online-only and overseas businesses selling to Australian consumers.
What to Do If an Australian Business Misled or Deceived You
- Gather evidence — save screenshots, advertisements, emails, receipts, and any written claims the business made.
- Contact the business and ask for a remedy (refund, compensation, or correction).
- If the business does not cooperate, report the conduct to the ACCC online at accc.gov.au or call 1300 302 502.
- You may also be able to take private legal action to recover your losses through a court or tribunal.
What should you NOT do?
- Don’t delete evidence — keep all misleading material, even if the business later corrects it.
- Don’t assume “puffery” is always allowed — vague claims like “best ever” may be acceptable, but specific factual claims must be true.
- Don’t assume only big companies are covered — the law applies to sole traders, small businesses, and individuals in trade or commerce.
How Western Australia differs from federal law
Act immediately if you've been misled. Under section 18 of the ACL, any deceptive business conduct in WA is unlawful and gives you grounds to void contracts and claim damages.
- Cease Payments: Stop handing over money immediately. Consumer Protection WA actively targets scams in real estate, motor vehicles, home building, and online retail.
- Lock Down Evidence: Screenshot ads, save emails, and record timelines. WA's mining and resources sector is also a common area for deceptive investment pitches and contractor disputes.
- Escalate the Dispute: File an urgent claim in the State Administrative Tribunal (SAT) for accessible resolution, or escalate to the District, Supreme, or Federal Courts for high-value disputes.
- Target Licenses: Consumer Protection WA regulates agents and dealers. Threatening their professional license often forces a rapid settlement.
Additional Steps in Western Australia
1. Secure Proof: Back up all communications and false advertisements immediately.
2. Report the Breach: Call Consumer Protection WA (1300 304 054) or the ACCC to log the offence.
3. Enforce Rights: Lodge an urgent claim in SAT to demand a refund or void the contract.
Generate a formal legal letter to support your rights using our Legal Letter Generator.
Relevant Law: Australian Consumer Law (Cth), ss 18, 29-37; Fair Trading Act 2010 (WA)
Worked Examples
ScenarioA WA car dealer sells you a used car claiming it has never been in an accident, but a mechanic later finds major structural damage.
OutcomeThis is misleading conduct. You have grounds to demand a full refund or a replacement vehicle under the ACL.
Consumer Protection WA specifically targets deceptive conduct in motor vehicle sales. Report them to protect others.
ScenarioA real estate agent in Perth tells you an apartment block will have a rooftop pool, but it turns out the developer never had approval for it.
OutcomeYou may be entitled to void the contract of sale or claim damages for the loss in value due to the missing pool.
Common Questions
Can I cancel a contract if I was lied to in Western Australia?
Yes. If a business engaged in misleading or deceptive conduct under the Australian Consumer Law (which applies in WA), you have the right to seek a remedy. For major failures or deliberate deception, you can typically cancel the contract and demand a full refund.
How do I report a deceptive business in WA?
You should immediately report the business to Consumer Protection WA (1300 304 054). If the business is a licensed motor vehicle dealer, real estate agent, or builder, Consumer Protection WA or Building and Energy can take disciplinary action against their license.
Can I take a misleading business to the State Administrative Tribunal (SAT)?
Yes. The State Administrative Tribunal (SAT) in WA can hear minor civil disputes and consumer claims. SAT provides an accessible, lower-cost alternative to the courts for resolving disputes over misleading conduct and consumer guarantees.
What is the misleading and deceptive conduct right in Australia?
Section 18 of the ACL — "misleading or deceptive conduct" — is one of the broadest consumer protections in any common-law jurisdiction. A business must not engage in conduct that is misleading or deceptive, or likely to mislead or deceive. The provision is so wide that it does most of the work in modern Australian consumer litigation.What it covers: advertising, product labelling, sales pitches, websites, social-media posts, and even silence — failing to disclose information you'd reasonably need to know.No intent required: the business doesn't have to mean to mislead. If a reasonabl...
When does misleading and deceptive conduct apply?
A business made a false or misleading claim in connection with the supply of goods or services.You relied on the claim and suffered loss or damage as a result (e.g., you bought a product you would not have otherwise purchased).Applies to all businesses operating in Australia, including online-only and overseas businesses selling to Australian consumers.
What should I do if a business in Australia made false or misleading claims that caused me loss?
Gather evidence — save screenshots, advertisements, emails, receipts, and any written claims the business made.Contact the business and ask for a remedy (refund, compensation, or correction).If the business does not cooperate, report the conduct to the ACCC online at accc.gov.au or call 1300 302 502.You may also be able to take private legal action to recover your losses through a court or tribunal.
What mistakes should I avoid with misleading and deceptive conduct?
Don’t delete evidence — keep all misleading material, even if the business later corrects it.Don’t assume “puffery” is always allowed — vague claims like “best ever” may be acceptable, but specific factual claims must be true.Don’t assume only big companies are covered — the law applies to sole traders, small businesses, and individuals in trade or commerce.
Misleading and Deceptive Conduct in other states
Same topic, different jurisdiction. Pick the one that applies to you.