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ACCC · Australian Consumer Law (false or misleading representations)

A sale price must be temporary, and a "was" price must be real

Source
ACCC, "False or misleading claims" (Price claims)
In their words
“promoted at a ‘sale’ price which is not actually a temporary sale price”
Checked
2026-11-06

The rule

The ACCC says businesses should take extra care not to make misleading statements about price. Under "Price claims" it lists, among misleading price claims, a product promoted at a "sale" price that isn't actually a temporary sale price, and a price shown without GST or other costs included.

On savings, it uses the example "WAS $275 NOW $149". The advertised saving may be misleading if the product has never been sold at the higher price, or was sold in a limited amount at the higher price immediately before the sale.

ACCC content is published under CC BY 4.0.

What it means for your store

  • Give every sale an end date, and end it.
  • Only show a "was" price you genuinely sold at, and keep a record of when.
  • Show prices with GST and other costs included.

Used in

Physio lesson 02. Ecom lessons 01, 02, 03 and 10.

General information, not legal advice. Rules change, so check the source before you rely on it.