9. Advertising Aspects

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General Foods
Australia

This section provides information on regulations on advertising and if there are any restrictions or approval processes.

9.1 Applicable Advertising Regulation

The main regulatory framework for advertising in Australia is the Australian Consumer Law (ACL) [1]. In addition to advertising of foods and beverages, the ACL covers many other products and services. The legislative component of the ACL is set out in Schedule 2 of the Competition and Consumer Act 2010 [2]. The Act is administered and enforced by the Australian Competition and Consumer Commission (ACCC) [3] with the cooperation of the state and territory consumer protection agencies under a memorandum of understanding. Regulations made under the ACL are set out in Parts 6 and 7 of the Competition and Consumer Regulations 2010 [4].

Advertising in Australia is managed through a self-regulatory system. The Australian Association of National Advertisers (AANA) [5] is the industry and self-regulatory body for advertisers and marketers in the country. Both advertising industry companies and other business groups can become members; however, membership is not mandatory. Advertiser members pay a levy to make use of the self-regulatory system. AANA publishes codes of practice for members to follow, including one for alcohol advertising [6].

The cornerstone of the AANA self-regulatory system is the Code of Ethics [7]. Section 2.6 includes provisions that deal with advertisements that encourage irresponsible alcohol consumption such as drinking whilst driving a motor vehicle. The Code of Ethics is supplemented by a number of others, including a Code of Advertising and Marketing to Children, and a Food and Beverages Code [8]. The self-regulatory system is underpinned by an independent complaints handling system administered by Ad Standards [9].