The Australian Consumer Law (ACL) is enforced through a “one-law, multiple-regulator” system, combining federal and state authorities to address consumer harm.  It applies to all businesses supplying goods or services, including auctioneers and valuers.  At the AVC26 Conference over 7-8 May 2026 there is a great opportunity to consider this legal framework in a specific industry context.

Whether you are conducting auctions, providing valuation advice, or selling goods on behalf of clients, compliance with the ACL is not optional, it is a core professional obligation.

At its heart, the ACL is about fairness, transparency and accountability. Auctioneers and valuers must ensure that any representations made about goods or services are accurate and not misleading. Descriptions, estimates, statements of condition, and promotional material must be truthful and capable of substantiation. Contracts and terms of engagement should be clear, easy to understand, and free from unfair or hidden terms.

Consumer guarantees are central to the ACL and apply to most goods and services supplied to consumers. Goods must be of acceptable quality, match their description, be fit for their stated purpose, and meet any promises made about performance or condition. Services, including valuation services, must be provided with due care and skill, be fit for purpose, and delivered within a reasonable time where no timeframe has been agreed.  For more information on the ACL, visit the following link:

Importantly, consumer guarantees can apply even after a professional’s terms of engagement or a manufacturer’s warranty has expired, depending on the nature of the goods and services. “No refunds” signs or contractual clauses that attempt to exclude consumer guarantees have no legal effect under the ACL.

Where goods or services fail to meet consumer guarantees, clients may be entitled to a remedy. For major failures, consumers can choose a refund, replacement, or cancellation of the service. For minor failures, the business must provide a free repair or fix. Auctioneers and valuers cannot avoid responsibility by directing consumers to suppliers, even where the fault originated elsewhere.

The ACL also protects consumers and small businesses from unfair terms in standard form contracts.

“It’s significant that contractual terms that create a significant imbalance, are not reasonably necessary to protect legitimate interests, and cause detriment may be declared void by a court,” said Troy Williams, AVAA Chief Executive.

Of interest to the auction and valuation sectors is that common risk areas include unilateral price variation, automatic renewals, and one-sided termination rights.  At a broader level, one-sided contract clauses can breach the ACL by creating unfair terms that significantly disadvantage consumers without a legitimate business justification.

The Australian Competition and Consumer Commission (ACCC) focuses on systemic and widespread issues, while state and territory agencies handle individual complaints. It’s in this context that the presentation Small Business In The Digital Age by the ACCC Deputy Commissioner, Mick Keogh, at the AVC26 Conference over 7-8May 2026 is particularly relevant for all in the auction and valuation sector, from sole traders to large businesses.

For AVAA Certified Auctioneers (CAAu) and AVAA Certified Valuers (CVAu), understanding and applying the ACL is not just about avoiding penalties. It is about maintaining professional credibility, protecting consumer trust, and operating in a way that reflects the standards expected of regulated professionals.

Interested In Finding Out More?

For further information on AVAA’s engagement with the ACCC, please send an email to government.affairs@avaa.com.au or telephone 1300 928 165.  You can also stay up to date by following AVAA on LinkedIn, X/Twitter and Facebook.
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