Misleading and Deceptive Conduct in Western Australia
Reviewed by the Commoner Law Editorial Team. 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 contains one of the broadest consumer protections in Australian law: a business must not engage in conduct that is misleading or deceptive, or is likely to mislead or deceive:
- What it covers: Advertising, product labelling, sales pitches, websites, social media posts, and even silence (failing to disclose important information).
- No intent required: A business does not need to intend to mislead you. If their conduct would mislead a reasonable person, it breaches the law.
- 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 of up to $2.5 million. Companies face up to $50 million, three times the benefit obtained, or 30% of adjusted turnover (whichever is greatest).
The ACCC actively pursues misleading conduct cases, including against online businesses and social media influencers.
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
The prohibition on misleading or deceptive conduct under section 18 of the ACL is enforced in WA by Consumer Protection WA and the ACCC.
- Consumer Protection WA regularly investigates misleading conduct with a focus on real estate, motor vehicles, home building, and online retail.
- WA's mining and resources sector generates misleading conduct complaints relating to investment opportunities, mining tenement sales, and contractor services.
- Claims can be brought in SAT (for smaller claims), the District Court or Supreme Court of WA, or the Federal Court.
- Consumer Protection WA also regulates real estate agents, settlement agents, and motor vehicle dealers through industry-specific licensing, which supplements the ACL's misleading conduct provisions.
Additional Steps in Western Australia
Report misleading conduct to Consumer Protection WA (1300 304 054 or consumerprotection.wa.gov.au) or the ACCC. Keep evidence including screenshots, receipts, and correspondence. Lodge claims in SAT or seek legal advice about court proceedings.
Relevant Law: Australian Consumer Law (Cth), ss 18, 29-37; Fair Trading Act 2010 (WA)
Common Questions
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.