Overseas sellers who sell directly to Australian consumers must follow the Australian Consumer Law (ACL). In practice that means honouring consumer guarantees about quality, description and purpose, offering the remedies the law provides, and making sure every claim in your marketing is accurate. This article explains the basics from the regulator’s own pages. It is general information, not legal advice, and you should get professional advice before relying on it.
Does it apply if you are not in Australia?
The ACCC’s consumer guarantees page states that overseas businesses selling directly to Australian consumers must follow the Australian Consumer Law, though enforcement can be difficult in practice. Do not read the enforcement caveat as permission. It signals a practical difficulty, not an exemption, and reputational and platform consequences are real. Marketplaces and payment providers may also set their own seller rules.
The consumer guarantees
According to the same ACCC page, products carry guarantees that they are:
- Of acceptable quality: safe, durable, free from defects and suitable for common uses.
- Fit for a particular purpose: suitable for a purpose the consumer told the business about or that the business advertised.
- As described: the business’s written or spoken description is accurate.
- As per any sample or demonstration model.
- Backed by extra promises: any express warranties must be honoured.
- Supported by repairs and spare parts: the manufacturer or importer must supply spare parts and repair facilities for a reasonable time.
- Delivered with proper title: the consumer owns the product outright and no one will repossess it.
Services have their own guarantees: due care and skill, fitness for a particular purpose, and delivery within a reasonable time if none was agreed. If you sell digital products or services to Australians, check how the guarantees apply, and take advice where the position is unclear.
Remedies
The ACCC lists remedies including repair, replacement, refund or cancellation, and compensation for damages or loss. It also states that the business that sold the product is the first point of contact and cannot refuse to help by sending the consumer to the manufacturer. For an overseas seller, that means your returns process has to work for someone in Brisbane or Perth. Plan for return shipping and refunds before you launch, and read about export shipping and logistics.
Accurate claims and misleading conduct
The ACCC’s false or misleading claims page says claims must be accurate, truthful and based on reasonable grounds, and that a business must be able to prove any claim it advertises. Key points:
- Overall impression counts. Any statement that creates a false impression can break the law, and fine print must not contradict the main message.
- Omissions can mislead. Leaving out important details that matter to a consumer’s decision may be misleading.
- Intent does not matter. A business can mislead without meaning to.
- It covers every channel. The page lists advertising, packaging, quotes, statements by staff, social media, testimonials and websites.
- Puffery is different. Wildly exaggerated, vague claims that no one would take seriously are generally not considered misleading, but do not rely on this for specific claims.
If you localise product pages for Australia, check each claim again rather than translating it. A claim that was acceptable in your home market may be unprovable here. See our guide on contracts and IP basics for small exporters for the wider legal picture.
A practical checklist for overseas sellers
- Read the ACCC’s guidance for businesses on consumer guarantees and false or misleading claims.
- Write a returns, refund and repairs policy that fits the guarantees. Do not state that refunds are never available if the law says otherwise.
- Audit every product and service claim for evidence you can produce on request.
- Check that product pages describe the actual product, including size, materials and compatibility.
- Make sure customers can reach a real contact point, in Australian time zones where possible.
- Review warranty wording so it does not reduce rights the law gives.
- Think through how pricing and currency display appear to Australian shoppers, and take advice on price presentation rules.
- Get legal advice for your products and sector, since additional rules may apply to some categories.
What this article does not cover
We have not covered tax, product safety standards, privacy, labelling rules, or sector-specific rules, because we did not verify them here. Each can matter for your product, so check the relevant agency or take advice.
Where Radiance Impact fits
Radiance Impact is a Brisbane-based studio, and its Global division supports Australian market entry for overseas businesses, including adapting content for local audiences. See market entry support or contact us. We do not provide legal advice.
Sources
- Consumer guarantees, ACCC
- False or misleading claims, ACCC
