Scam and Fraud Protections in New South Wales
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?
Australia has a growing framework to protect consumers from scams and fraud, built on the ACL’s misleading conduct provisions and new dedicated anti-scam initiatives:
- National Anti-Scam Centre: Established in July 2023 within the ACCC, this centre coordinates scam prevention across government, law enforcement, banks, and telecommunications companies.
- Scamwatch: The ACCC’s Scamwatch (scamwatch.gov.au) lets you report scams and check warnings. In 2023, Australians reported losing over $2.7 billion to scams.
- ACL protections: Scam conduct often breaches s 18 (misleading or deceptive conduct) and ss 29–37 (false representations). The ACCC can take enforcement action against businesses that facilitate scams.
- Banking protections: Under the ePayments Code, if your account is used for an unauthorised transaction and you did not contribute to the loss, your bank must generally reimburse you.
- Telecommunications: Telcos are required to block scam calls and SMS under the Reducing Scam Calls and Scam SMS industry codes registered with the ACMA.
When does it apply?
- You have been targeted by or lost money to a scam — including phishing, investment scams, romance scams, impersonation scams, or fake online stores.
- A business has made false or misleading claims that caused you financial loss.
- Your personal or financial information has been compromised by fraudulent activity.
What to Do If You Have Been Scammed or Defrauded in Australia
- Report the scam to Scamwatch at scamwatch.gov.au — even if you did not lose money.
- Contact your bank immediately if you have transferred money or shared financial details. Ask them to attempt a recall or chargeback.
- Change your passwords and enable two-factor authentication on any compromised accounts.
- Contact IDCARE (idcare.org, 1800 595 160) — Australia’s national identity and cyber support service — for help if your identity has been compromised.
- Report to ReportCyber (cyber.gov.au) if the scam involved cybercrime.
What should you NOT do?
- Don’t send more money to “recover” lost funds — recovery scams are a common follow-up tactic.
- Don’t be embarrassed to report — scams are sophisticated and can affect anyone. Reporting helps protect others.
- Don’t click links in suspicious emails, texts, or social media messages — go directly to official websites by typing the URL yourself.
How New South Wales differs from federal law
NSW combats scams and fraud through a combination of federal laws (Criminal Code Act 1995 (Cth)) and state laws (Crimes Act 1900 (NSW)), along with the consumer protection provisions of the ACL.
- NSW Police Cybercrime Squad investigates online fraud, identity theft, and cyber-enabled scams targeting NSW residents.
- NSW Fair Trading warns consumers about current scams, maintains a scam alert database, and takes enforcement action against businesses engaged in fraudulent conduct.
- The Crimes Act 1900 (NSW) provides serious penalties for fraud offences: obtaining a financial advantage by deception carries a maximum penalty of 10 years' imprisonment (s 192E).
- Identity crime in NSW is addressed under the Crimes Act 1900, Part 4AC — dealing in identification information carries up to 10 years' imprisonment (s 192J).
- The national Scamwatch (operated by the ACCC) collects reports from all states. The Australian Cyber Security Centre (ACSC) handles reports of cyber fraud through ReportCyber.
Additional Steps in New South Wales
Report scams to Scamwatch (scamwatch.gov.au) and ReportCyber (cyber.gov.au). For financial losses, report to NSW Police and your bank immediately. Contact IDCARE (1800 595 160) for identity theft support. NSW Fair Trading (13 32 20) can assist with consumer fraud matters.
Relevant Law: Crimes Act 1900 (NSW), Part 4AA (ss 192E-192J); Criminal Code Act 1995 (Cth), Chapter 10; Australian Consumer Law (Cth), s 18
Common Questions
When does scam and fraud protections apply?
You have been targeted by or lost money to a scam — including phishing, investment scams, romance scams, impersonation scams, or fake online stores.A business has made false or misleading claims that caused you financial loss.Your personal or financial information has been compromised by fraudulent activity.
What should I do if I have lost money to a scam or fraud in Australia?
Report the scam to Scamwatch at scamwatch.gov.au — even if you did not lose money.Contact your bank immediately if you have transferred money or shared financial details. Ask them to attempt a recall or chargeback.Change your passwords and enable two-factor authentication on any compromised accounts.Contact IDCARE (idcare.org, 1800 595 160) — Australia’s national identity and cyber support service — for help if your identity has been compromised.Report to ReportCyber (cyber.gov.au) if the scam involved cybercrime.
What mistakes should I avoid with scam and fraud protections?
Don’t send more money to “recover” lost funds — recovery scams are a common follow-up tactic.Don’t be embarrassed to report — scams are sophisticated and can affect anyone. Reporting helps protect others.Don’t click links in suspicious emails, texts, or social media messages — go directly to official websites by typing the URL yourself.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.