The Australian Competition and Consumer Commission (ACCC) provides advertising guidelines that are available at its local offices or from its website.

Advertisers should be familiar with Section 52 of the Competition and Consumer Act 2010 (the Act) (formerly known as the Trade Practices Act 1974) that prohibits misleading or deceptive advertising conduct.

The basic rules are that advertisements must be considered as a whole and words should be used on the basis of ordinary meaning.

It must be ensured that the target audience will not be led into error or deceived.

The advertisement must not omit any important facts that might influence those seeing it. Ads can be imaginative, use humour, cartoons and slogans – but these devices must also not mislead or deceive.

If in doubt, the officers of the ACCC will give guidance. It is not, however, their function to give legal advice. Remember, responsibility for interpretation of the Act rests with the courts.