Misleading conduct

A phrase most commonly applied to the broad general civil prohibition on engaging in conduct that is misleading or deceptive (or is likely to mislead or deceive) in trade or commerce in section 18 of the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

The prohibition has established a statutory norm of conduct that is all-pervasive and widely enforced throughout Australia. It is accompanied by a range of other civil, civil penal and criminal prohibitions in the ACL on false or misleading representations or misleading the public in particular ways and contexts.

For more information, see Checklist, Misleading the public under the ACL and Practice notes: