Australian Consumer Law and Fair Trading (Code of Practice for Fuel Retailers) Regulations 2025

The Schedule articulates a concise set of definitional and behavioural concepts that determine compliance.

• Definitions (Schedule 1, cl 3). The Code defines "discounted fuel price" and "price board". "Discounted fuel price" is the price per litre "after any discount (whether by a voucher, discount rate, reward scheme or any other means) is applied." The definition deliberately lists several forms of discounting, showing the drafters intended the prohibition to capture a range of loyalty and promotional mechanisms. "Price board" is any board, sign or notice at a service station that displays information on fuel prices offered for retail sale.

• Prohibition on displaying discounted price (cl 4). The central substantive rule is categorical: "A fuel retailer must not display the discounted fuel price for a type of fuel on any price board." This is an absolute prohibition, not qualified by exemptions in the Schedule.

• Conditional advertising of discounts (cl 5). A retailer may present information about discounts or special offers on a price board only when the "normal fuel price" for that fuel type is also displayed on the price board. The Code does not define "normal fuel price" within its definitions. The clause establishes a dependency: discount information on the board is permitted only in the presence of a normal price display.

• Sequencing obligations between price boards and pump displays (cl 6). The Code imposes operational sequencing obligations when the "normal fuel price" changes. For price increases, the price board must be updated to reflect the increase before or at the same time as the pump display is changed (cl 6(1)). For decreases, the board must be changed after or at the same time as the pump display is changed (cl 6(2)). These are asymmetric instructions for rises and falls.

• Scope and citation (Schedule 1, cl 1-2). The Code may be cited as the Code of Practice for Fuel Retailers and its purpose is stated as regulating the display by fuel retailers of fuel prices on price boards at service stations (cl 1-2). The stated purpose links the definitions and obligations to a narrow focus: price display at service stations.

• Relationship to parent Act (reg 5). The Schedule is prescribed under the Australian Consumer Law and Fair Trading Act 2012 for the purposes of Part 6.3 of that Act, which signals that the code operates within the compliance and enforcement architecture established by that Act.

Those are the conceptual building blocks. The Code is short and tightly focused on three operational areas: what may not be shown on price boards, what discount information may be shown and under what condition, and the sequencing of changes between price boards and pump displays.

The instrument's duties fall directly on "fuel retailers", a phrase used repeatedly in the Schedule. Each operative clause addresses a "fuel retailer" as the obliged actor (Schedule 1, cl 4-6). Therefore the immediate regulatory burden is on parties who operate retail fuel sales at service stations and who control the content of price boards and pump displays.

Stakeholders affected include the following categories, as implied by the text:

• Fuel retail businesses that operate service stations and maintain price boards and pump displays. They are the named obliged party for the prohibitions and sequencing requirements (cl 4-6).

• Employees and contractors responsible for setting and updating price boards and pump displays. The sequencing rules in cl 6 impose operational steps that those personnel must follow.

• Providers of signage, electronic price boards and fuel pump display technology. The duties to change displays in specific temporal relationships to pump displays may require changes to vendor contracts, system capabilities and standard operating procedures.

• Promotional partners, loyalty programme operators and marketers that design or supply discounts or vouchers. Because "discounted fuel price" explicitly includes vouchers, reward schemes and similar measures (cl 3), the practical reach of cl 4 and cl 5 extends to third-party discount mechanisms applied at retail.

• Consumers are indirectly affected in how they see price information at the point of sale, both on price boards and pump displays. The Code regulates which prices are visible on a price board, and in what relation discount information may appear.

• The regulator and enforcement actors under the Australian Consumer Law and Fair Trading Act 2012. The Code is prescribed for the purposes of Part 6.3 of that Act (reg 5), which places the code within the enforcement and compliance framework of that Act.

The endnotes also signal a temporal effect for who must comply when: the Regulations commence on 6 August 2025 (reg 3), but certain amendments made by S.R. No. 152/2025 (including substitution of Schedule 1) had effect from 10 March 2026 for regs 5-8 (Table of Amendments). The 2016 Regulations are expressly revoked (reg 4), so parties who had been operating under the 2016 instrument must now comply with the 2025 Code as of commencement. The instrument will sunset ten years after making under the Subordinate Legislation Act 1994 (endnotes, General information), which imposes a horizon on who remains bound by these rules after that date.

In short, the statutory duty is imposed on fuel retailers; operational compliance will require coordination among retail managers, point-of-sale technology providers, signage contractors and marketing partners.

The Schedule sets out narrow, mandatory duties and a limited permissive condition. Rights are not expressed as entitlements to act; the instrument is prescriptive.

Key duties

• Absolute prohibition on displaying discounted price on a price board (Schedule 1, cl 4). The duty is framed as "must not display the discounted fuel price". The defined term "discounted fuel price" explicitly includes prices after vouchers, reward schemes or any other means of discounting (cl 3). This duty means the price per litre shown on any price board cannot be the post-discount figure.

• Conditional duty when discount information is displayed (Schedule 1, cl 5). "A fuel retailer must not display information about a discount or special offer for a type of fuel on a price board unless the normal fuel price for that type of fuel is displayed on the price board." This creates a gating condition: discount information is permitted only alongside the normal price.

• Sequencing duties tied to increases and decreases in normal fuel price (Schedule 1, cl 6). These are operational rules imposing timing obligations between the price board and the fuel pump display:

  • For price increases: the retailer must change the price on the price board to reflect the increase before, or at the same time as, changing the pump display (cl 6(1)).

  • For price decreases: the retailer must change the price on the price board to reflect the decrease after, or at the same time as, changing the pump display (cl 6(2)).

These duties are expressed in mandatory language ("must not"; "must") and impose both content and procedural obligations.

Express or implicit rights

• The Code allows retailers to display discount or special-offer information on price boards, provided the normal price is also shown (cl 5). That is a conditional permission.

• There is no express right in the Schedule to display the discounted price on any other medium. The instrument is silent about pump displays, in-store signage, digital channels, or other advertising media. The narrow permission in cl 5 only addresses discount information on price boards when accompanied by the normal price.

• The Code does not define "normal fuel price". The absence of that definition is a material textual gap inside the Schedule (cl 3 defines "discounted fuel price" but not "normal fuel price"). That gap affects how the obligations are interpreted and operationalised.

Procedural requirements

• The sequencing rules create procedural obligations that will affect operational workflows. Retailers must have processes that ensure pump displays and price boards change in the correct sequence for increases and decreases (cl 6). The asymmetry between timing for increases and decreases will require distinct protocols.

Relationship to the parent Act

• The Schedule is prescribed for the purposes of Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 (reg 5). The Schedule does not itself set out enforcement mechanisms or penalty levels. Those matters sit with the parent Act and the Part referenced, which gives the Schedule its legal status.

In sum, the core duties are content prohibitions and sequence obligations. The Code grants a narrow conditional allowance for discount information on price boards only when normal price is shown. The omission of a definition for "normal fuel price" is a salient drafting gap that affects the practical boundaries of the duties.

The Regulations and the Schedule do not specify penalty levels or enforcement procedures within their own text. The Schedule prescribes the Code "for the purposes of Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012" (reg 5). That placement indicates enforcement and any infringement mechanisms are to be exercised under the Act and Part 6.3, rather than via penalty clauses in the Regulations themselves.

What is explicit in the instrument

• No penalty provisions are included in the Schedule. The operative provisions are obligations and prohibitions directed at fuel retailers (Schedule 1, cl 4-6); they do not contain fines, infringement notices, or specific enforcement powers.

• The Regulations are made under the authorising provision s 232 of the Australian Consumer Law and Fair Trading Act 2012 (reg 2). The choice to prescribe the Code for the purposes of Part 6.3 (reg 5) is the route by which enforcement would normally be available, but the Schedule itself remains silent on the mechanics.

What follows as a legal consequence from the instrument's placement

• Because the Code is prescribed for the purposes of the Act's Part 6.3 (reg 5), regulatory action, compliance notices, infringement notices or prosecutions that relate to contraventions of an authorised code are to be conducted under the powers that Part 6.3 confers. The text of the Regulations does not restate or modify those powers. The instrument therefore delegates enforcement to the framework that Part 6.3 supplies; the specific means, thresholds and penalties would be those contained in the Act and Part 6.3.

Operational implications for regulated parties

• Fuel retailers must approach the Code as enforceable conduct requirements, because the Schedule is made operative by reg 5 as the prescribed code for Part 6.3. The absence of penalties in the Schedule means compliant behaviour should be evaluated against the enforcement tools and penalties available under the parent Act, but the Regulations themselves do not amplify or limit those tools.

• The endnotes show the Regulations will sunset after ten years under the Subordinate Legislation Act 1994 (endnotes, General information). Any enforcement architecture tied to the code must take that temporal limit into account.

Because the instrument contains no internal penalty clauses, any practitioner or compliance officer seeking to advise on consequences must consult Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 for the Act-level enforcement toolbox. The Regulations provide the substantive standards to be enforced; they do not set the enforcement regimen themselves.

The Regulations are explicitly situated inside the Australian Consumer Law and Fair Trading Act 2012 framework. The instrument contains several cross-references that determine legal interactions.

Primary statutory relationship

• Authorising Act and Part 6.3. The Regulations are made under s 232 of the Australian Consumer Law and Fair Trading Act 2012 (reg 2). Regulation 5 prescribes the Schedule as the Code of Practice for Fuel Retailers "for the purposes of Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012." That language places the Code within the Act's regulatory and enforcement architecture and means the Act's Part 6.3 governs how the Code operates legally.

Statutory rule revocation and replacement

• Revocation of the 2016 instrument. Regulation 4 revokes the earlier Australian Consumer Law and Fair Trading (Code of Practice for Fuel Price Boards) Regulations 2016. The replacement Schedule 1 constitutes the new prescribed code. The Table of Amendments records that the Schedule was substituted by S.R. No. 152/2025 (Table of Amendments). Where the 2016 Regulations previously applied, they are displaced by the 2025 instrument from commencement.

Subordinate legislation lifecycle

• Sunset under the Subordinate Legislation Act 1994. The endnotes state the instrument "will sunset 10 years after the day of making on 5 August 2035" under s 5 of the Subordinate Legislation Act 1994. That statutory interaction imposes a temporal limitation on the Regulations' continued existence, unless the sunset is otherwise addressed by subsequent legislative action.

Interpretation of provisions and statutory drafting rules

• Interpretation of Legislation Act 1984 (ILA). The endnotes include a note on the ILA, which authorises style changes, confirms that headings and examples form part of a Statutory Rule made after 1 January 2001, addresses punctuation and provision numbers, and other interpretive matters. Those rules affect how the Code's headings, examples and punctuation are treated legally when the instrument is read together with the parent Act.

Matters not addressed in the instrument

• No express modification of other consumer law provisions. The Schedule establishes specific obligations for price boards but does not purport to alter consumer protection standards outside of its narrow scope. It does not expressly amend or exempt any other statutory obligations.

• No express conflict resolution clauses. The instrument does not provide a clause on inconsistency with other laws. The prescriptive placement under Part 6.3 of the Act suggests that the Code operates as a prescribed code within that statutory framework; where other obligations under the Act or other laws intersect, the standard rules of statutory interpretation and operation of subordinate instruments will apply.

Practical interaction points

• Enforcement under Part 6.3. Because the Code is prescribed for Part 6.3, any enforcement or compliance action will involve the interaction of the Code's substantive terms with the procedural and remedial mechanisms of the parent Act.

• Technology and commercial law interfaces. The sequencing obligations (Schedule 1, cl 6) may interact with contract terms with technology vendors supplying pump displays and price boards, and with consumer-facing price representations under other advertising or competition laws if those representations reference the price board.

In short, the Schedule is intended to function as a prescribed code within the Australian Consumer Law and Fair Trading Act 2012. Its legal effect and any remedies or penalties for breach are to be pursued by reference to the Act's Part 6.3 and by application of usual interpretive rules under the ILA and Subordinate Legislation Act 1994.

The Regulations as published show the following amendment and substitution events recorded in the instrument and endnotes.

Original instrument and revocation

• The instrument revokes the earlier Australian Consumer Law and Fair Trading (Code of Practice for Fuel Price Boards) Regulations 2016 (reg 4). The explanatory note in the endnotes identifies that earlier instrument as S.R. No. 54/2016 (endnotes, Explanatory details).

Amendments recorded in this version

• S.R. No. 152/2025, titled Australian Consumer Law and Fair Trading (Code of Practice and Infringements for Fuel Retailers) Amendment Regulations 2025, effected multiple changes to the 2025 Regulations. The Table of Amendments lists the making date as 23 December 2025 and identifies that regs 5-8 commenced on 10 March 2026 (Table of Amendments). Specific notations in the main text record that reg 1 was substituted by S.R. No. 152/2025 reg 6, reg 5 (Heading) amended by S.R. No. 152/2025 reg 7(1), reg 5 amended by S.R. No. 152/2025 reg 7(2), and Schedule 1 substituted by S.R. No. 152/2025 reg 8. The Schedule as reproduced in this version is the substituted text.

• The instrument's title was changed from "Australian Consumer Law and Fair Trading (Code of Practice for Fuel Price Reporting) Regulations 2025" to "Australian Consumer Law and Fair Trading (Code of Practice for Fuel Retailers) Regulations 2025" by reg 5 of the S.R. No. 152/2025 amendment, recorded in the endnotes (General information). That title change demonstrates a renaming and possible reframing of the instrument's subject as part of the amendment package.

Commencement and temporal details

• The principal Regulations (S.R. No. 74/2025) were made on 5 August 2025 and came into operation on 6 August 2025 (endnotes, General information). Certain amendments effected by S.R. No. 152/2025 had specified commencement: regs 5-8 commenced on 10 March 2026 (Table of Amendments). The document states "Version incorporating amendments as at 10 March 2026" at the head, indicating this consolidated text folds in S.R. No. 152/2025 up to that date.

Sunset

• Endnotes state the Regulations will sunset ten years from the day of making, on 5 August 2035, under s 5 of the Subordinate Legislation Act 1994 (General information). That provision establishes a statutory expiry unless re-enacted or otherwise prolonged.

Interpretative and style adjustments

• The endnotes set out how the Interpretation of Legislation Act 1984 affects headings, examples, punctuation and provision numbers. These notes explain that headings and notes form part of the Statutory Rule and indicate that the present document includes those interpretive style changes.

What the amendment history does not disclose

• The consolidated text lists the amendment instruments and dates, but it does not include a legislative policy history beyond the title change and substitution of Schedule 1. It also does not record any earlier partial amendments between 2016 and 2025 beyond the revocation and the S.R. No. 152/2025 changes included here.

For practical purposes, practitioners should note the substitution of Schedule 1 and the title change effected by S.R. No. 152/2025, the revocation of the 2016 Regulations, the staggered commencement details, and the ten-year sunset under the Subordinate Legislation Act 1994.

The statutory text and its endnotes do not record any litigation history. There are no cases, proceedings or judicial decisions referenced or annexed in the instrument. The endnotes are limited to explanatory details, table of amendments and interpretive notes; they do not include judgments or proceedings.

What the instrument says and what that implies

• The instrument prescribes the Code for the purposes of Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 (reg 5). That creates the legal basis for any enforcement action, but the Regulations themselves do not record or summarise any enforcement actions, litigated matters or precedent involving the Code.

• Because the text contains no litigation references, there is no authoritative judicial interpretation of the Schedule provided by the instrument itself. Any arguments about terms not defined in the Schedule (for example, "normal fuel price") or about the sequencing obligations would therefore require analysis under the parent Act and potentially a court or tribunal to settle interpretive questions.

Practical consequences for research and advice

• Practitioners seeking precedent are required to search judicial and tribunal databases and enforcement agency records outside this instrument to find any litigation or enforcement actions that apply the Code. Nothing in the Regulations' endnotes indicates that such material is available as part of this consolidated text.

• Absent recorded litigation, interpretive ambiguities noted in the Schedule would be matters for administrative enforcement action and, if contested, for litigation under the parent Act. The instrument itself provides no prior decisions to rely upon.

In short, there is no litigation history contained in the Regulations as published; any relevant case law or enforcement precedent must be sought in external sources and records of the regulator and courts.

The Code is short, but several drafting features and operational asymmetries create practical compliance risks and interpretive issues. The instrument contains no guidance notes beyond the endnotes on interpretation, so regulated parties must pay attention to textual gaps and sequencing prescriptions.

Undefined but pivotal term: "normal fuel price"

• The Schedule requires a retailer to display the "normal fuel price" when discount information is shown on a price board (cl 5), and the sequencing obligations refer to changes in the "normal fuel price" (cl 6). The Schedule defines "discounted fuel price" but does not define "normal fuel price" in cl 3. The absence of a definition creates uncertainty about whether "normal" means the undiscussed standard retail price, a previously advertised price, the pump display price at a given moment, or another concept. That ambiguity affects who is compliant under cl 5 and cl 6.

Absolute prohibition on discounted price on a price board

• Clause 4 states an absolute prohibition: "must not display the discounted fuel price ... on any price board." Because "discounted fuel price" includes discounts given by "voucher, discount rate, reward scheme or any other means" (cl 3), any post-discount figure,whether produced by in-store or third-party loyalty arrangements,cannot appear on the board. Price formatting or composite representations that might be interpreted as post-discount could fall foul of cl 4.

Asymmetric sequencing obligation

• The timing rules in cl 6 are asymmetric: for a price increase, the price board must be changed before or at the same time as the pump display (cl 6(1)); for a decrease, the board must be changed after or at the same time as the pump display (cl 6(2)). This asymmetry may create operational confusion. For example, remote-controlled electronic pump displays and price boards that are centrally updated could need distinct sequencing logic. The text permits "at the same time" in both cases, but the "before" and "after" qualifiers imply different default orderings. Where system constraints make simultaneous updates infeasible, retailers must ensure the sequence complies with the applicable clause.

Interaction with alternative displays and communication channels

• The Schedule focuses on "price board" as a board, sign or notice at the service station (cl 3). It does not explicitly address pump displays,though cl 6 references "fuel pump display",nor does it address digital advertising, mobile apps, price comparison websites or other media. There is therefore a risk of misreading cl 4 as banning discounted prices everywhere; the text is limited to price boards. However, because the definition of "discounted fuel price" covers many discount mechanisms (cl 3), retailers that use other channels should consider that the Code may influence expectations and enforcement under the parent Act.

Operational timing and consumer confusion

• Because the Code requires particular sequencing when prices change, there is a risk of consumer confusion if pump displays and price boards show different prices for overlapping periods. The Code contemplates this by prescribing sequence rules, but it does not provide safe-harbour protocols for short-lived display mismatches, nor does it define the permissible tolerances for "at the same time" updates when electronic and manual systems interact.

No penalty provisions in the Schedule

• The absence of specified penalties or infringement details in the Schedule means regulated parties cannot find within the instrument the exact nature of sanctions for breach. Enforcement will be by reference to Part 6.3 of the parent Act (reg 5). That separation can create compliance uncertainty in the interim, because the Schedule prescribes mandatory duties without specifying within the instrument the sanctioning regime.

Sunset date and regulatory continuity

• The instrument will sunset ten years after making under the Subordinate Legislation Act 1994 (endnotes). Entities drafting long-term investments in signage or control systems need to note the temporal horizon and potential for legislative change at or before sunset.

Title and Schedule substitution risk

• The consolidated text shows amendments and a substitution of Schedule 1 effected by S.R. No. 152/2025. Firms that relied on prior versions should verify they are complying with the substituted Schedule and not older text.

Record-keeping and auditability not specified

• The Schedule imposes sequencing obligations that will require contemporaneous acts by staff or automated systems. The Code does not mandate record-keeping or audit trails for price changes. That omission raises practical risks when establishing compliance after the event; retailers should consider retaining timestamps and logs even though the Schedule does not require them.

Collectively, these "gotchas" point to areas where the Code's brevity creates operational and interpretive risks: undefined key term, asymmetric sequencing rules, absolute content prohibitions, separation of enforcement from the Schedule, sunset timing and the lack of guidance on record-keeping and digital channels.

The Schedule sets out discrete obligations, and compliance requires both immediate changes to visible price communication and procedural adjustments. Below is a practical, source-grounded compliance checklist tied to the Schedule clauses.

1. Understand the operative definitions (Schedule 1, cl 3)

   • Note that "discounted fuel price" is defined to include vouchers, discount rates, reward schemes or any other means. Treat any post-discount per-litre figure as a "discounted fuel price" for the purpose of cl 4.
   • Recognise that "price board" includes any board, sign or notice at the service station that displays fuel price information (cl 3). Review all physical and forecourt signage to determine what qualifies.

2. Remove discounted per-litre prices from price boards (Schedule 1, cl 4)

   • Audit all price boards and ensure no post-discount per-litre price is displayed on any board, sign or notice at the service station.
   • If current marketing includes blended or composite displays that could be read as a discounted per-litre price, reformat the messaging to comply with cl 4.

3. If advertising discounts on price boards, display the normal fuel price as well (Schedule 1, cl 5)

   • Where a discount or special offer is to be displayed on a price board, ensure the normal fuel price for that type of fuel is also displayed on the same price board.
   • Because "normal fuel price" is not defined in the Schedule, adopt an internally consistent definition in policy documents (for example, the undiscounted per-litre price currently applied at the pump) and document that definition for compliance and audit purposes.

4. Implement sequencing protocols for price changes (Schedule 1, cl 6)

   • For price increases: update the price board to reflect the increase before, or at the same time as, changing the pump display (cl 6(1)). Ensure staff or automated systems are instructed to effect the price board first where simultaneous change is not technically feasible.
   • For price decreases: update the price board to reflect the decrease after, or at the same time as, changing the pump display (cl 6(2)). Establish clear instructions so pump displays are updated before the board where simultaneous change is not possible.
   • Create written standard operating procedures describing these sequences and train staff and contractors accordingly.

5. Technical and vendor controls

   • For electronic price boards and pump displays, work with vendors to ensure the control architecture supports the required sequencing. If control is centralised, establish an update order or atomic update process to achieve "at the same time" changes where possible.
   • For manual price boards, ensure staff are rostered and empowered to update boards promptly in the required order to avoid non-compliance during price changes.

6. Documentation and record-keeping (practical measure)

   • Although the Schedule does not mandate records, implement logs with timestamps for each price board and pump display change to evidence compliance with cl 6 in case of inquiry under the parent Act. Maintain records of discounting mechanisms and their operation to demonstrate that discounted per-litre figures are not being shown on boards.

7. Contract and marketing reviews

   • Review loyalty programme contracts, third-party vouchers and promotional arrangements to ensure that any advertised prices or materials that could be displayed at the service station comply with cl 4 and cl 5.
   • Update in-store promotional materials so any representations at the forecourt comply with the Code; consider relocating discount messaging to areas other than price boards if the normal price cannot be shown simultaneously.

8. Compliance liaison with enforcement authority

   • Recognise that enforcement will be under Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 (reg 5). If in doubt about the status of the parent Act's enforcement mechanisms, seek advice on the potential sanctions and administrative pathways.

9. Monitor legislative change and sunset date

   • Note that the Regulations will sunset on 5 August 2035 under the Subordinate Legislation Act 1994 (endnotes). Monitor for legislative change or replacement measures that may affect long-term compliance planning.

10. Internal policy and training

• Draft a short code-specific policy clarifying the retailer's internal meaning of "normal fuel price" and the practical steps for price board updates.
• Train all forecourt staff, managers and relevant contractors (signage technicians, POS administrators) in the policy and in the sequencing clauses of cl 6.

Checklist summary (source references)

• Do not display discounted per-litre prices on price boards (Schedule 1, cl 4).
• If showing discount information on a price board, ensure the normal fuel price is also displayed (Schedule 1, cl 5).
• For price increases, update price board before or at same time as pump display (Schedule 1, cl 6(1)).
• For price decreases, update price board after or at same time as pump display (Schedule 1, cl 6(2)).
• Treat enforcement and penalties as matters conducted under Part 6.3 of the parent Act (reg 5) and maintain records accordingly.

These steps implement the Schedule's text and reduce interpretive and operational risk. Because "normal fuel price" is not defined, record the retailer's working definition and supporting policies to create an auditable trail if an enforcement question arises.