Competition and Consumer (Industry Codes—Unit Pricing) Regulations 2021

The instrument organises around a small set of core concepts: prescribed retailers, grocery items and categories, unit prices, the minimum range of food‑based grocery items, exemptions, units of measurement and advertising rules. Each is defined in Schedule 1 and determines when and how unit pricing must be displayed.

• Prescribed grocery retailer: includes (a) store‑based grocery retailers with more than 1,000 square metres of floor space used primarily for sale of food‑based grocery items; (b) online grocery retailers selling the minimum range of food‑based grocery items via the internet; and (c) participating grocery retailers (Schedule 1, cl 3 definitions). The store‑based threshold is a concrete geometric trigger: >1,000 sqm of internal floor space devoted to grocery display (Schedule 1, cl 3, definition of floor space and store‑based grocery retailer).

• Minimum range of food‑based grocery items: a product set that must be carried for the retailer to be a prescribed retailer. The code specifies eleven grocery categories that together form the minimum range: bread; breakfast cereal; butter; eggs; flour; fresh fruit and vegetables; fresh milk; meat; rice; sugar; and packaged food other than the preceding ten categories (Schedule 1, cl 3(2)). The definition of “grocery category” and examples make clear the distinction between category and item (Schedule 1, cl 3).

• Unit price: explicitly the price (including GST) for a grocery item per unit of measurement (Schedule 1, cl 3). The code mandates the unit price be displayed prominently and close to the selling price and be legible and unambiguous (cl 6(2)). The unit price obligation only applies where a selling price is displayed (cl 6(1)).

• Exemptions: three carveouts cover (a) selling prices that apply to more than one grocery item (cl 7), (b) marked down or bundled items, including markdowns for damage, perishability or discontinuance and bundled offers for a single price (cl 8), and (c) a long list of exempt grocery categories (cl 9). These exemptions materially narrow the set of items the code affects in practice.

• Units of measurement and presentation: default units are per 100 millilitres for volume, per 100 grams for weight, per metre for length, per square metre for area, and per item included for number (cl 10(1)). The code then provides an alternative units table (cl 11) specifying different units for herbs, spices, meat, cheese, beverages, packaged eggs, flour, laundry supplies, and many others, and permits a retailer to use the most commonly required unit within a category when multiple units would otherwise be required (cl 11(2)). Rounding and formatting rules apply: unit prices are worked to the nearest 1 cent, 0.5 cents rounding up, and display differs above and below $1 (cl 10(3)-(5)).

• Advertising: where a selling price is displayed in print media or internet advertisements (excluding TV/radio‑like audiovisual material), the unit price must be shown in the advertisement (cl 12). Electronic audiovisual ads and radio/TV are exempt from the advertising display requirement (cl 12(2)).

• Participating grocery retailer: a stand‑alone concept to capture businesses that voluntarily display unit prices. A participating grocery retailer becomes subject to the code on defined timeframes depending on when they begin displaying unit prices relative to 1 April 2021 and 1 October 2021 (cl 4(2)). If a participating grocery retailer stops displaying unit prices for all relevant grocery items (excluding those it is required to display under Commonwealth/State/Territory law), it ceases to be a participating retailer under the code (cl 4(3)).

These core concepts determine the legal boundaries of compliance obligations (who must do what, for which items, how to measure and display) and where the rules do not reach because of the enumerated exemptions and the link to Commonwealth/State/Territory law.

The code targets three classes of commercial actor and, indirectly, consumers who shop with them.

1. Store‑based grocery retailers above the floor‑space threshold. The code applies to any person who sells the minimum range of food‑based grocery items in retail premises that have more than 1,000 square metres of floor space dedicated to grocery display and are used primarily for sale of food‑based grocery items (Schedule 1, cl 3, definition of store‑based grocery retailer). Practically, this captures supermarkets and similar large-format grocery stores that meet the >1,000 sqm threshold.

2. Online grocery retailers selling the minimum range via the internet. The code applies to persons who sell the same minimum range of food‑based grocery items to consumers using the internet (Schedule 1, cl 3, definition of online grocery retailer). The code therefore reaches substantial online grocers that offer a broad product mix matching the minimum range.

3. Participating grocery retailers. These are people, other than store‑based or online grocery retailers, who sell the minimum range, voluntarily display unit prices for one or more grocery items (other than items exempt under cl 8) and are not already required by Commonwealth/State/Territory law to display the unit price (cl 3, definition of participating grocery retailer). The code provides time‑based triggers for when a participating retailer becomes subject to the code, tied to whether they displayed unit prices before 1 April 2021 and whether they are displaying on 1 October 2021 (cl 4(2)). This mechanism brings in otherwise smaller or non‑store operators that elect to adopt unit pricing, but also creates an on‑ramp and an off‑ramp (cl 4(3)).

Secondary effects fall on other parties:

• Suppliers and packagers: because unit price calculations and the determination of the "most relevant unit of measurement" may depend on units stated on packaging (cl 10(2)(a)-(b)), manufacturers and packagers indirectly affect a retailer’s compliance choices.

• Advertising and marketing service providers: print catalogue designers, web developers, and advertising agencies must ensure unit prices appear in relevant media (cl 12), with exclusions for TV/radio and TV‑like internet audiovisual content (cl 12(2)).

• Consumers: the code is designed to produce unit‑price information at the point of sale and in many advertisements (cl 6; cl 12). The code’s exemptions, units and formats will determine the quality and comparability of that information. The code explicitly concerns sales to consumers (Schedule 1, cl 3 definitions and purpose cl 2).

Who does not appear covered: small local grocers that do not sell the minimum range or whose premises do not exceed the 1,000 sqm floor‑space threshold, and businesses that do not display selling prices for grocery items (since the unit price requirement only applies where a selling price is displayed, cl 6(1)). Certain product categories listed in cl 9 are also expressly excluded.

The Regulations thus concentrate obligations on businesses operating at larger scale or offering the specified minimum range, while permitting voluntary adoption (with accompanying obligations) by smaller retailers that choose to display unit prices.

The code imposes specific duties on prescribed grocery retailers and grants limited procedural structure to participating retailers. It also sets technical requirements that constrain how retailers may present price information.

Principal duties

• Duty to display unit prices where selling prices are displayed. A prescribed grocery retailer must display a unit price for each grocery item for which a selling price is displayed, unless the item is exempt under cl 7, 8 or 9 (Schedule 1, cl 6(1)). The obligation attaches to the display of a selling price; if no selling price is displayed, there is no unit price obligation under cl 6(1).

• Duty of prominence and proximity. Retailers must ensure the unit price is displayed prominently and in close proximity to the selling price, and that it is legible and unambiguous (cl 6(2)). The code does not quantify "prominently" or "close proximity"; it imposes the qualitative duty.

• Duty to use prescribed units and formats. When the unit price is required, retailers must use the most relevant measurement unit from the set in cl 10(1), subject to cl 11 alternative units. The code prescribes particular units for many categories (cl 11) and permits a retailer to adopt the unit it is most often required to use across items in a category (cl 11(2)). The code mandates rounding (nearest 1 cent, 0.5 up) and presentation (dollars and whole cents for unit price ≥ $1.00; either dollars/whole cents or whole cents for < $1.00) (cl 10(3)-(5)).

• Advertising duty. If a retailer advertises a grocery item in print or on the internet (non‑audio/video) and displays a selling price in the advertisement, it must display a unit price in the advertisement for that grocery item unless the item is exempt (cl 12(1)). The duty does not extend to TV, radio or internet audio/video ads similar to TV/radio (cl 12(2)).

• Participating retailer timing obligations. A person who becomes a participating grocery retailer by voluntarily displaying unit prices is subject to time-based commencement rules: if they displayed unit pricing before 1 April 2021 and on 1 October 2021, the code applies from 1 Oct 2021; if they first displayed unit prices on or after 1 April 2021 and were displaying on 1 Oct 2021, the code applies six months after they first start displaying; and if they had not displayed unit prices before/on 1 Oct 2021, the code applies six months after they first start to display unit prices (cl 4(2)). If a participating retailer stops displaying unit prices for all applicable grocery items (excluding those required by law), they cease to be a participating retailer under the code (cl 4(3)).

Limited rights and qualifications

• Right to display unit prices for exempt items without triggering other code obligations. Clause 6(3) says that if a prescribed retailer chooses to display a unit price for an item that would otherwise be exempt under cl 7, 8 or 9, the retailer is not required to comply with the code in relation to the display of the unit price for that item. This appears to allow retailers to provide voluntary unit price information for exempt items without being bound by the code’s form and measurement rules for those specific voluntary displays.

• Consistency clause with Commonwealth law. The code has effect only to the extent it is not inconsistent with Commonwealth law (cl 5). This places a constraint on the code’s reach where other Commonwealth provisions apply.

What the code does not do in its text

• It does not set out detailed enforcement provisions or specify pecuniary penalties in the text of the code. Instead it is declared a mandatory industry code under s 51AE of the Act (cl 4), which places it within the Act’s Part IVB enforcement architecture. The code itself therefore defines duties and format requirements, while enforcement and penalties are to be found in the Act.

• It does not quantify or provide technical standards for "prominence", "close proximity" or "legibility", leaving those qualitative standards to interpretation or enforcement practice.

• It does not mandate or require record keeping, compliance registers, or audit procedures within the code text.

Collectively, these duties determine what retailers must do when a selling price is displayed, how unit prices are to be calculated and shown, and when the advertising rules apply.

The Regulations themselves do not set out specific penalties or enforcement mechanisms within their text. Instead, the instrument prescribes and declares the Retail Grocery Industry (Unit Pricing) Code of Conduct to be a mandatory industry code for the purposes of Part IVB of the Competition and Consumer Act 2010 (Regs, cl 4 and Schedule 1, note). That legal placement is the primary enforcement design: the code’s mandatory status means enforcement mechanisms supplied under the Act’s Part IVB apply to breaches of the industry code.

What the Regulations state

• Clause 4 expressly links the code to the Act: "For the purposes of section 51AE of the Competition and Consumer Act 2010, the industry code set out in Schedule 1 is prescribed for the purposes of Part IVB of that Act; and is declared to be a mandatory industry code." This declaration is the mechanism by which obligations in the code gain statutory backing.

• Clause 5 (Schedule 1, cl 5) says the code has effect only to the extent it is not inconsistent with a law of the Commonwealth. This limits enforcement to situations compatible with higher‑order Commonwealth law.

What the instrument does not state

• The Regulations do not specify civil penalties, infringement notice amounts, criminal sanctions, or the identity of the enforcing body. Instead, the link to Part IVB indicates these matters are addressed by the broader Act. The text therefore leaves readers to consult the Competition and Consumer Act 2010 (Part IVB and s 51AE) for the precise enforcement and penalty regime.

Practical implications for compliance and risk assessment

• Because the instrument makes the code mandatory by operation of the Act, breaches can be expected to attract enforcement attention under the Act’s industry code mechanisms. The Regulations’ silence on enforcement specifics necessitates that affected entities consult Part IVB of the Act and the Australian Competition and Consumer Commission’s (or other relevant regulator’s) practice for details on sanctions and enforcement processes. The code’s qualitative standards such as "prominently", "close proximity" and "legible and unambiguous" are potentially open to interpretation and enforcement discretion, increasing legal uncertainty about what exact presentation will be considered compliant.

• Where other Commonwealth laws apply, the code defers to those laws (Schedule 1, cl 5). That interaction could limit or shape enforcement in particular contexts.

In short, the Regulations embed the unit pricing code within the Act’s mandatory code framework; the detailed enforcement architecture and penalty amounts are not in the text and must be sourced from the Competition and Consumer Act 2010 and regulator guidance.

The instrument explicitly engages with other legal instruments and frameworks in several places; these interactions set limits on the code’s operation and incorporate definitions from other Commonwealth law.

Direct statutory cross‑references

• Section 4 of the Regulations (cl 4) prescribes the code for the purposes of s 51AE of the Competition and Consumer Act 2010 and declares it mandatory under Part IVB of that Act. This locates the code within the Act’s statutory regime for industry codes, meaning enforcement, remedies and any penalties will operate through the Act’s Part IVB mechanisms rather than through provisions in the Regulations themselves.

• Schedule 1, cl 3(1) notes that "a number of expressions used in this code are defined in the Competition and Consumer Act 2010", including "consumer". This indicates that certain definitional and interpretative matters are to be resolved by reference to the Act.

Priority and inconsistency

• Schedule 1, cl 5 states "This code has effect only to the extent to which it is not inconsistent with a law of the Commonwealth." That is an express statutory inconsistency clause. Where a Commonwealth law is inconsistent, the code does not have effect. The code is silent on precedence relative to State or Territory laws, except indirectly via other provisions.

Interaction with State and Territory requirements

• The definition of "participating grocery retailer" (Schedule 1, cl 3) includes the qualifier that the person "is not required to display the unit price for the grocery item under a law of the Commonwealth, or a law of a State or Territory." This indicates the code recognises that State or Territory laws may already impose unit pricing requirements. The Regulations therefore defer to existing State/Territory requirements by excluding from the participating retailer category any person who is already required to display unit prices under another law. The code does not otherwise pre‑empt State/Territory law. Practically, that means businesses must consider both Commonwealth mandatory code obligations arising under this instrument and any relevant State/Territory unit pricing or consumer protection laws.

Repeal of prior instrument

• Schedule 2 repeals the Trade Practices (Industry Codes,Unit Pricing) Regulations 2009. That repeal removes the previous regulatory instrument on unit pricing and replaces it with the current Regulations and Schedule 1 code. Any legal effects, definitions or transitional arrangements from the 2009 Regulations no longer operate, unless preserved by the Act or other instruments. The Regulations include a commencement table confirming the whole instrument commences on 1 October 2021 (cl 2).

Limits on application and overlap with other Commonwealth obligations

• The code’s application is framed by the Act’s definitions and by the minimum range requirement (Schedule 1, cl 3(2)). Where other Commonwealth legislation prescribes conduct or requires unit pricing with different technical specifications, the inconsistency clause (cl 5) will determine whether the code’s provisions can operate. The instrument does not itself list or resolve specific overlaps; those must be analysed on a case‑by‑case basis against existing Commonwealth statutes and subordinate instruments.

In short, the Regulations integrate the unit pricing code into the Competition and Consumer Act framework, remove the 2009 Regulations, recognise State/Territory laws, and defer to Commonwealth law where inconsistent. The practical consequence is that affected entities must navigate both the code and the broader legal landscape (the Act, State/Territory regimes and any other relevant Commonwealth laws) to determine exact obligations and enforcement risk.

The Regulations as presented contain their own commencement and repeal statement and indicate a direct replacement of the 2009 instrument. The instrument records the following chronological and textual points:

• Made and dated on 23 July 2021 (instrument heading and signature block).
• Commencement: the whole instrument commenced on 1 October 2021 (regs, cl 2 and commencement table). The text notes that the commencement table relates only to the instrument as originally made and will not be amended to reflect later amendments (cl 2 note).
• Repeal: Schedule 2 repeals the Trade Practices (Industry Codes,Unit Pricing) Regulations 2009 in full (Schedule 2, item 1). This is an express and complete repeal of the 2009 regulations.

No other amending instruments or subsequent changes are recorded in the text provided. The Regulations therefore effect one principal change relative to the 2009 instrument: they replace the earlier instrument with the current code and set new operational definitions and mandatory status under the Act.

Limits of the provided material

• The text does not include any later amending schedules, transitional modifications, ministerial determinations or explanatory amendments beyond what is in the instrument itself. If there have been subsequent legislative or regulatory amendments after the date of the instrument, they are not contained in the provided text.

Practical note for practitioners

• To check for any subsequent amendments, a practitioner should consult consolidated legislative databases or the Federal Register of Legislation. The instrument’s own commencement note makes clear that the printed commencement table reflects the instrument as originally made and will not be updated there to reflect later changes; therefore external consolidation is necessary for current status.

In summary, the instrument replaced the 2009 Regulations and commenced on 1 October 2021. No further amendment history is recorded within the provided text.

The provided instrument text contains no judicial decisions, tribunal determinations or references to litigation relating to these Regulations or the Retail Grocery Industry (Unit Pricing) Code of Conduct. The code itself contains no case citations or litigation history items.

What can be stated from the text

• The Regulations do not record any litigation, declaratory judgments, or enforcement actions. They simply make the code mandatory and repeal the prior instrument.

What this implies for researchers

• Any litigation concerning the code,claims about the meaning of "prominently", disputes over unit measurement or the applicability of exemptions, or enforcement actions taken under Part IVB of the Competition and Consumer Act 2010,would not be reflected in this instrument. Researchers and practitioners seeking litigation history would therefore need to search court and tribunal databases, regulator published determinations, and public enforcement records after the commencement date (1 October 2021).

• As the instrument itself points to enforcement under the Act (cl 4), relevant litigation or enforcement actions would likely appear in case law or administrative records concerning breaches of industry codes under Part IVB of the Competition and Consumer Act 2010.

In sum, the Regulations contain no litigation history in their text. Any post‑enactment cases, enforcement decisions or disputes must be located in external sources.

The code contains multiple technical details and definitional choices that create practical pitfalls for retailers, suppliers, and advisers. These are concrete areas where legal uncertainty, compliance cost, or unintended non‑compliance can arise because of textual features of the code.

1. Trigger depends on display of a selling price (Schedule 1, cl 6(1))

• The duty to display a unit price only arises where a selling price is displayed. If a retailer deliberately chooses not to display selling prices at shelf or in online listings, the unit price obligation under cl 6(1) does not arise. That creates a compliance interface between pricing presentation strategies and the statutory duty. Retailers who adopt dynamic pricing or display “ask in store” messages should assess the interaction carefully.

2. Participating retailer on‑ramp and off‑ramp (cl 4(2)-(3))

• A retailer that voluntarily displays unit prices can become a "participating grocery retailer" and therefore become prescribed on specified timeframes. The staggered timing depending on whether the retailer displayed unit prices before 1 April 2021 introduces administrative complexity. Additionally, if a participating retailer stops displaying unit prices for all relevant grocery items (excluding those required by other law), it ceases to be a participating retailer. This can create churn, planning challenges, and potential disputes about whether cessation was complete or partial.

3. Floor space threshold is blunt (cl 3 definition)

• The store‑based retailer definition uses >1,000 square metres of floor space dedicated to grocery display. Determining what counts as "dedicated" grocery display area may be contested in mixed‑use stores or where floor layouts change seasonally. Measurement disputes could arise and impact whether the code applies.

4. Minimum range requirement requires category analysis (cl 3(2))

• To be a prescribed retailer, the operation must sell the "minimum range" across eleven categories. Interpreting what counts as "packaged food, other than food mentioned in paragraphs (a) to (j)" and determining whether a retailer "sells" from a category (e.g. carries a single SKU in small volume) could involve judgement. This affects whether an online or store retailer qualifies.

5. Exemptions create avoidance and ambiguity (cls 7-9)

• Clause 7 exempts items where a selling price applies to more than one grocery item. Retailers could format price displays so a price label is shown as applying to multiple items to avoid unit pricing obligations. Clause 8 exempts marked down or bundled items; retailers could structure markdowns or bundle offers to fall within exemptions. Clause 9’s extensive category list excludes alcoholic beverages, tobacco, prepared meals, etc., narrowing the code’s reach. Advisers must consider whether commercial practices might be reorganised to rely on these exemptions.

6. "Prominently", "close proximity" and "legible and unambiguous" are qualitative (cl 6(2))

• No bright‑line technical standards are set for prominence, proximity or legibility. Enforcement will rely on interpretation. This increases compliance uncertainty and the potential for disputes about whether specific shelf tags, aisle signage or website displays meet the standard.

7. Unit of measurement determination introduces packaging dependency (cl 10(2))

• The "most relevant unit" depends on the unit displayed on the packaging or the unit by which the category is most often supplied. Where packaging displays multiple units (e.g. weight and volume) or is inconsistent, retailers must choose. That choice may create competitive differences and compliance risk. The alternative units table (cl 11) introduces specific exceptions which must be applied item by item.

8. Rounding rule effects (cl 10(5))

• Unit prices are to be worked out to the nearest 1 cent, rounding 0.5 cents upwards. For very small unit prices (e.g. per 100g for low‑priced items) rounding could materially alter the unit price shown relative to an exact fractional calculation, affecting price comparisons. Retailers must ensure calculation engines and displays implement the rounding rule precisely.

9. Advertising scope is medium‑specific (cl 12)

• The code requires unit prices in print and internet ads except for video/audio that is similar to TV/radio. Distinguishing between an internet video that is "similar in nature to" TV and other online content may be tricky. Catalogues, PDFs and many web pages clearly fall within the duty, but promotional social media stories that use short videos may sit in a grey area.

10. Voluntary unit prices on exempt items not subject to code rules (cl 6(3))

• If a retailer voluntarily displays a unit price for an otherwise exempt item, cl 6(3) says the retailer is not required to comply with the code in relation to the display of the unit price for that grocery item. This can be read two ways: as freeing voluntary displays from the code’s formal requirements or as preserving flexibility. Retailers who voluntarily display unit prices might therefore use different formats for exempt items, but that heterogeneity could confuse consumers and create complaints.

11. Interaction with State/Territory laws and other Commonwealth laws (cl 3 and cl 5)

• The code recognises other legal requirements and defers to Commonwealth law where inconsistent (cl 5). Retailers operating across jurisdictions must reconcile State/Territory unit pricing rules and the mandatory code, which may differ in technical details. The participating retailer definition excludes persons already required to display by State/Territory law, creating potential classification issues.

12. Repeal of 2009 regulations (Schedule 2)

• The repeal of the earlier instrument removes any transitional or legacy expectations tied to the 2009 regulations. Practitioners should check for transitional guidance or regulator statements published around the repeal to understand whether prior compliance approaches remain persuasive.

Each of these "gotchas" can carry tangible compliance costs, enforcement exposure or business model impacts. The code’s technicality and qualitative standards mean advisers should undertake item‑level mapping, systems testing and procedural documentation to reduce the chance of regulatory challenge.

Complying requires legal classification, operational mapping, systems changes and ongoing monitoring. Below is a practical, clause‑by‑clause compliance checklist and operational guidance grounded in the code text.

Step 1 , Legal classification: determine whether you are a prescribed grocery retailer (Schedule 1, cl 3)

• Store‑based grocery retailer: measure the internal floor area dedicated to grocery display. If it is more than 1,000 square metres and the premises are used primarily for sale of food‑based grocery items, the code applies (cl 3, definitions of floor space and store‑based grocery retailer).
• Online grocery retailer: check if you sell, using the internet, the minimum range of food‑based grocery items to consumers (cl 3, definition). Review SKU lists and product pages across online platforms.
• Participating grocery retailer: if you are not a store‑based or online grocery retailer but you sell the minimum range and voluntarily display a unit price for one or more items, you become a participating grocery retailer and must follow timing rules in cl 4(2) and the obligations in the code (cl 3 definition).

Action: prepare a written legal analysis of which category applies, supported by floor plans, product lists, website screenshots and dates when unit pricing was first displayed.

Step 2 , Identify the "minimum range" and affected SKUs (cl 3(2))

• The minimum range contains eleven categories. Map each SKU to a grocery category to establish whether your range meets the threshold. For packaged food, confirm whether the product sits outside the other ten categories (bread, breakfast cereal, butter, eggs, flour, fresh fruit and vegetables, fresh milk, meat, rice, sugar).

Action: build an SKU/category matrix and retain evidence supporting the classification of ambiguous products.

Step 3 , Identify which grocery items require unit prices (cl 6(1))

• The unit pricing duty applies to any grocery item where a selling price is displayed unless the item is exempt under cl 7-9. Therefore, determine which items show a selling price at shelf, online or in advertising.

Action: audit shelf labels, shelf ticket templates, online product pages and promotional materials for instances where selling prices are shown.

Step 4 , Apply exemptions carefully (cls 7-9)

• Clauses 7-9 list specific exemptions:
  • cl 7: a price that applies to more than one grocery item (ensure how display is structured);
  • cl 8: marked down items (damage, perishable nearing expiry, discontinued) and bundles offered for single price;
  • cl 9: an extensive list of categories excluded (alcohol, tobacco, prepared meals, many non‑food categories).
• Where a product appears to fall within an exemption, document the factual basis (e.g., damaged packaging dates, bundling offer terms, shelf signage).

Action: create exemption protocols, including evidentiary checks (date‑stamp markdowns, bundle product lists) and staff guidance to ensure consistent shelf labelling.

Step 5 , Implement unit measurement and format rules (cl 10 and cl 11)

• Default units (cl 10(1)): per 100ml, per 100g, per metre, per square metre, per item included.
• Alternative units (cl 11): apply the detailed table for herbs, spices, meat, beverages, cheese, flour, packaged eggs, products on a roll, products by number in packages of 41 or more items, etc.
• Determining the most relevant unit (cl 10(2)): if packaging shows one unit, use that; if multiple units, use the unit by which the category is most often supplied.
• Rounding and format (cl 10(3)-(5)): calculate unit prices to the nearest 1 cent with 0.5 cent rounded up; display in dollars and whole cents if unit price ≥ $1.00; if unit price < $1.00, display either in dollars and whole cents or in whole cents.

Action: update pricing systems and shelf label generation to:

• use category rules to select unit measurement (build mapping logic),
• implement calculation engines that compute unit price per SKU with exact rounding rules,
• set display templates for above/below $1 unit price cases.

Step 6 , Advertising compliance (cl 12)

• For print media and internet (non‑audiovisual) advertisements that show a selling price, include the unit price in the advertisement in accordance with the unit measurement and format rules.
• For TV, radio and internet audiovisual materials similar to TV/radio, no unit price is required in the advertisement.

Action: update catalogue templates, web banner designs and product ad formats to include unit price fields. Create a content review checklist to ensure unit price appears in all qualifying print/online ads. For video campaigns, document rationale for not including unit prices when excused and retain scripts and storyboards.

Step 7 , Display standards: prominence, proximity, legibility (cl 6(2))

• The code requires unit prices to be displayed prominently and in close proximity to the selling price, and to be legible and unambiguous. There is no quantitative standard.

Action: develop internal style guidelines for shelf labels and online product displays:

• specify font sizes, colour contrasts and placement rules to achieve "prominent" and "close proximity" (benchmarked to audit samples),
• run consumer readability tests internally to document design choices,
• maintain screenshots and photographic evidence of labels in situ for compliance audits.

Step 8 , Monitoring and change control

• Create procedures for:
  • handling markdowns and discontinuances (cl 8 triggers),
  • managing bundles and multipacks,
  • responding to promotional pricing practices,
  • implementing changes to packaging that affect unit measurement choice.

Action: set up an internal compliance register, with quarterly SKU audits, record of packaging changes, and a change control process for new promotional formats.

Step 9 , Documentation and evidence

• Because the code leaves qualitative standards open, evidence of good faith compliance will be important in case of enforcement inquiries.

Action: keep contemporaneous records showing:

• how unit price was calculated for each SKU,
• screenshots/photographs of shelf/online displays at the time of sale and in advertising,
• dated records of markdowns, bundle offers and reasons for exemption reliance,
• packaging images showing units of measurement used.

Step 10 , Cross‑jurisdictional check

• Determine whether State/Territory laws impose unit pricing or related obligations. The participating retailer definition excludes persons already required by State/Territory law (cl 3).

Action: obtain legal advice on State/Territory rules that may impose differing obligations and align systems accordingly.

Step 11 , Training and supplier engagement

• Train pricing staff, store managers and website editors on the code’s measurement and display rules. Engage suppliers/manufacturers about unit labels and packaging statements to reduce ambiguity under cl 10(2).

Action: prepare written training materials, supplier guidance notes and onboarding checklists for merchandisers.

Step 12 , Enforcement preparedness

• Recognise that the code is a mandatory industry code under Part IVB of the Act (cl 4). Ensure legal counsel can advise if an enforcement action arises.

Action: set aside compliance budget for remediation, legal response and possible regulator engagement.

This stepwise approach turns the statutory text into operational tasks. Record keeping, internal controls and a clear mapping of SKU → unit measure → display format will materially reduce compliance risk.