Loyalty programs must comply with ACL transparency + UCT
Loyalty program T&Cs governed by ACL — UCT regime + misleading conduct.
Who must comply
Loyalty program operators + retail brands using them.
What triggers it
Operating a loyalty program with standard form T&Cs.
When due
Continuous.
Evidence required
Reviewed T&Cs against UCT framework; transparency notices; complaints register.
Max penalty
ACL penalties up to $50M / 30% turnover for serious misleading conduct or UCT
Summary
Loyalty programs (Qantas FF, Velocity, Flybuys, etc.) subject to standard form contract regime (UCT regime since November 2023) + s 18 ACL misleading conduct. ACCC inquiry 2019 + ongoing enforcement.
Enforced by
Source legislation
Topics
Source: https://accc.gov.au/business/consumer-rights-and-obligations/consumer-loyalty-schemes. Rules Mate is not a law firm. Always verify against the live regulator source before acting.