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Australian rules · Unfair trading

The Australian rules for checkout and subscription flows.

New unfair trading rules from 1 July 2027: fees beside the price, clearer subscription terms and an online way to cancel. What each part means for your screens.

What changes on 1 July 2027

The Act received Royal Assent on 6 July 2026 and applies from 1 July 2027. Prepare a baseline now and recheck these points after every release.

Rule by rule

Each rule in plain English.

What each provision says, what it asks of a screen, and where the line runs, with one example that fits, one worth a look and one outside the rule. The Act rules apply from 1 July 2027. Marketing consent rules already apply. Every rule chip in the benchmarks links to its card here.

RuleIn plain EnglishIn benchmarks
From 1 July 2027
B · s 48AFees beside the priceFees paid with the price are shown beside the base price.3 reportsOnline retail · Travel and ticketing · Subscription boxes
A · s 48DClear terms before sign-upPrice, term, renewal and exit, close to where the customer agrees.2 reportsSubscription boxes · Telcos and ISPs
A · s 48EInformation during the subscriptionInformation during the subscription, as regulations will set out.
A · s 48FAn exit that is easy to findAn exit that is easy to find, online if the sign-up was online.1 reportTelcos and ISPs
C · s 28BNo manipulation, no undue pressureNo design that manipulates or unreasonably distorts the decision.4 reportsOnline retail · Travel and ticketing · Subscription boxes · Telcos and ISPs
In force today
D · Spam Act s 16Marketing messages need consentCommercial emails and texts need consent; a pre-ticked box is not express consent.4 reportsOnline retail · Travel and ticketing · Subscription boxes · Telcos and ISPs
B · s 48AFrom 1 July 2027

Fees beside the price

Australian Consumer Law, section 48A · legislation.gov.au ↗ (opens in a new tab)

If a fee is paid together with the price, such as a booking or service fee, it has to be shown while the base price is shown, close to it, and in a legible, prominent and unambiguous way. Payment surcharges, taxes and duties, and optional charges are not covered by this section.

What it asks on the screen

  • Every fee charged with the purchase appears next to the first price, not at the end.
  • It is as easy to read as the price itself.

Where the line runs

Fits the rule

Event page: "$89 + $4.95 booking fee per order", right under the ticket price.

The fee sits beside the base price while it is shown.

Worth a look

An $89 ticket; the $4.95 booking fee appears for the first time on the payment screen.

The fee is not displayed with the base price.

Outside this rule

A 1.2% card surcharge shown when the card type is chosen.

Payment surcharges are excluded from s 48A and have their own rules.

A · s 48DFrom 1 July 2027

Clear terms before sign-up

Australian Consumer Law, section 48D · legislation.gov.au ↗ (opens in a new tab)

When a business offers a subscription, it says that it is a subscription and sets out what the customer will pay, how long it runs, how it renews, any notice period and how to end it. This comes within a reasonable time before the customer agrees, or close to where they agree.

What it asks on the screen

  • The price after an introductory or free period sits beside the introductory price.
  • Term, renewal and how to end it are close to the button that starts the subscription.

Where the line runs

Fits the rule

Above "Start subscription": "$1 first week, then $14.99 weekly. Ongoing until cancelled. Cancel online anytime."

The terms are close to where the customer agrees.

Worth a look

"$1 first week" on the plan screen; the weekly price and the renewal only in the terms.

The ongoing price is not near the point of agreement.

Outside this rule

A one-off meal kit with no repeat delivery.

Without a subscription contract, s 48D does not apply.

A · s 48EFrom 1 July 2027

Information during the subscription

Australian Consumer Law, section 48E · legislation.gov.au ↗ (opens in a new tab)

While a subscription is in effect, the business gives the information the regulations prescribe, at the times they prescribe. The regulations have not been made yet, so what has to be sent, and when, is still open.

Content and timing follow regulations still to be made.

What it asks on the screen

  • Know which messages subscribers receive today and when, so they can be checked once the regulations are made.

Where the line runs

Fits the rule

A message seven days before a free trial ends, with the price that follows and a cancel link.

Likely to match; the regulations will confirm.

Worth a look

A trial that becomes $19.99 a month with no message before the first charge.

Nothing tells the customer before the price changes.

Outside this rule

A gift card with no recurring payment.

Without a subscription contract, s 48E does not apply.

A · s 48FFrom 1 July 2027

An exit that is easy to find

Australian Consumer Law, section 48F · legislation.gov.au ↗ (opens in a new tab)

A business provides a way to end a subscription that is easy to find, straightforward and has only the steps that are reasonably necessary. If the customer signed up online, at least one way to end it is online. This protects consumers and small businesses on standard terms (s 48G).

What it asks on the screen

  • A cancel route is findable from the account and the help pages.
  • A subscription started online can be ended online, without a call or an email.
  • Each step on the way out is one the customer reasonably needs.

Where the line runs

Fits the rule

"Cancel subscription" in the account menu: one optional reason screen, then a confirmation.

Easy to find, online, only the steps it needs.

Worth a look

Sign-up in two online steps; cancelling only by phone during business hours.

A subscription started online has no online way out.

Outside this rule

A plan signed up in store, ended by phone.

The online route is required where the sign-up was online. The exit still has to be easy to find.

C · s 28BFrom 1 July 2027

No manipulation, no undue pressure

Australian Consumer Law, section 28B · legislation.gov.au ↗ (opens in a new tab)

A business must not manipulate a consumer, or unreasonably distort the environment in which they decide, where that causes or is likely to cause them detriment. The Act's examples include withholding material information or giving it in an unclear or untimely way, and design elements that put the customer under unreasonable pressure or obstruct their decision. There is no list of banned patterns; each screen is judged on its facts.

What it asks on the screen

  • Deadlines and stock claims are true.
  • Paid extras are not pre-selected, and declining is as easy as accepting.
  • Information that changes the decision is where the decision is made.

Where the line runs

Fits the rule

A countdown that ends with the sale; afterwards the prices go back up.

The pressure is real.

Worth a look

Travel insurance at $39 pre-selected, with "No thanks" in small grey text below.

The default and the weak no can steer the decision.

Outside this rule

A "Most popular" label on one plan, with nothing pre-selected.

A label the customer can ignore is not, on its own, unreasonable pressure.

D · Spam Act s 16In force since 2004

Marketing messages need consent

Spam Act 2003 (Cth), section 16 · legislation.gov.au ↗ (opens in a new tab)

A business sends commercial emails or texts only with the recipient's consent, says who it is and offers a way to unsubscribe. Consent can be express or, in limited cases, inferred from an existing relationship. The ACMA's position is that a pre-ticked box is not express consent.

What it asks on the screen

  • The marketing box starts unticked.
  • Consent to marketing is separate from accepting the terms.

Where the line runs

Fits the rule

An unticked 'Send me offers' box beside the email field.

The customer opts in with a deliberate tick.

Worth a look

'Keep me updated with offers' already ticked at checkout.

A pre-ticked box is not express consent.

Outside this rule

A receipt and delivery tracking sent by email.

Messages about the purchase itself are not commercial messages in this sense.

Timing and application

This is preparation for future requirements. Existing Australian Consumer Law can already apply to misleading conduct, pricing and unfair contract terms. The new subscription provisions also have application rules for earlier contracts that renew, continue or vary after commencement (s 312).

The examples on the homepage illustrate how evidence can inform review. They are not legal reference cases, findings about a named business or confirmation that every requirement can be assessed from one URL.

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Sources, with distinct roles

Page updated on 7 October 2026. The summaries above are paraphrases. Applicable regulations and later guidance must be checked for an actual review.

Questions teams ask

What should we do with what we find?

Keep each observation with its screen, date and market, share the record with your advisers, and recheck the same screens after every release. If you want a second pair of eyes, bring the flow to a walkthrough.

How long does one flow take to check?

Plan one working session per flow: walk it, save each screen and fill in the record. App flows and account states take longer.

Which flow should we start with?

The one most customers use. For subscriptions that is usually sign-up, then cancellation; for retail, the checkout.

About the author

Tobias Reittinger

Tobias Reittinger

Founder of Flowlane

My research examines how digital nudges influence decisions in user interfaces. With Flowlane, I apply that perspective to customer flows.

Published at IEEE S&P, ACM CHI (Honorable Mention) and USENIX SOUPS.

More about Tobias →

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