Automotive marketing

Car advertising rules,
NSW first.

In NSW, a car price must not mislead, and the wording is set: new car ads must show dealer charges in dollars and say that government charges apply if they aren't included, can't call statutory charges 'on-road costs', and a priced used car needs its rego or stock number. On top sit the national rules: the single total price, the consumer guarantees, ASIC's credit ad rules and the FCAI code on unsafe driving. A drive-away price is the simplest way to stay inside all of them.

The price
rules.

Two layers apply. Nationally, the Australian Consumer Law says that if you show part of a price, you must also show the total as a single figure, at least as prominently as any part. When that rule arrived in 2009, the ACCC said a car ad showing the vehicle price 'plus on-road costs' would no longer be enough.

NSW adds dealer-specific rules. Fair Trading's advertising obligations for motor dealers say new car ads must show the dollar amount of dealer charges and, if government and statutory charges aren't included, say that they apply. Ads can't use 'on-road costs' or similar wording for statutory charges, and breaches can be prosecuted with fines of up to $2,200.

Whatever the wording, the price can't mislead. Fair Trading's own example: if an ad says 'drive-away', buyers shouldn't expect to pay more than the advertised price.

The ad saysIn NSWWhy
'$42,990 drive away'Fine, if it really is the full priceBuyers shouldn't pay more than a drive-away price
'$39,990 + ORC'Fix it'On-road costs' wording isn't allowed for statutory charges, and there's no total
'$42,480 including $2,490 dealer delivery. Government charges apply.'Meets the checklist for a new carDealer charges in dollars, a total, and the statement. Drive-away is still clearer
'Was $34,990, now $31,990' (used car)Add the cash price and the rego or stock numberReduced used and demo prices need the cash price stated

What else NSW
dealer ads need.

Fair Trading's checklist for print and online dealer ads covers more than the price:

Selling online has had its own rules since 1 September 2025. NSW dealers selling online must notify Fair Trading 20 business days before starting, use a .au website, and show their licence number on the site and in advertising. They must also let buyers inspect the car, ask for no more than a 10% deposit, and give a cooling-off period until 5pm the next day. Dealers already online had until 1 December 2025 to comply.

The ACCC's December 2025 report flagged reports of a related problem: licensed dealers selling from home on Gumtree or Facebook Marketplace without saying they're dealers. If you're a dealer, say so in every listing, with the licence number.

  • The registration number of a priced used car, or its stock number if it's unregistered.
  • The dollar amount of dealer charges on new cars.
  • A statement that government and statutory charges apply, if they aren't in the price.
  • A correct odometer reading, if one is shown.
  • For damaged vehicles that aren't second-hand, a written statement that the car is damaged and whether it's been repaired, as prominent as the rest of the text.

Outside
NSW.

The national price and guarantee rules apply everywhere, but dealer rules differ by state. In Victoria, licensed motor car traders must show the total price on the used motor car price and data sheet, displayed prominently. The statutory used car warranties in Victoria and Queensland use the same test as NSW: under 10 years old and 160,000 km, lasting 3 months or 5,000 km.

If your ads reach buyers across a border, the dealer rules that bind you are your own state's, but the buyer's expectations come from theirs. A Tweed Heads buyer reading a Gold Coast dealer's ad still expects the price to hold. Write to the strictest rule you're bound by, and check each state regulator where you hold a licence.

Warranty and
guarantee claims.

The consumer guarantees are automatic. The ACCC says voluntary warranties can't replace, change or take away the rights consumers already have, and that a dealer must help with a remedy rather than send the customer to the manufacturer.

That rules out some lines that still appear in car ads: 'sold as is' on a car that qualifies for the NSW dealer guarantee, 'no refunds', or an extended warranty sold as the buyer's only protection.

For servicing, don't suggest the customer has to use you. The ACCC says consumers can choose an independent repairer. A dealer line like 'service with us to keep your warranty' risks misleading owners about their rights, and the ACCC says it can investigate when a business misleads consumers about guarantee rights.

Finance
in car ads.

Weekly repayment headlines are everywhere in used car advertising, and the ACCC's report notes cases where the actual repayments were higher than the ones advertised. If the ad gives a repayment, put the price, the term and the assumptions right next to it.

If an ad shows an interest rate, ASIC's guidance says it must also show a comparison rate, no less prominently, with a warning that it applies only to the example given. Dealers who arrange finance also have responsible lending obligations, and the ACCC says key loan terms should be explained and provided in writing. 'Guaranteed approval' doesn't sit well with either.

One more thing to know: the point of sale exemption, which lets dealers arrange car finance without their own credit licence, is still in force, even though the banking Royal Commission recommended abolishing it. That could change, so check before building a finance campaign.

Speed, stunts
and the FCAI code.

The FCAI's voluntary code covers ads for cars, light commercials, motorbikes and off-road vehicles, and Ad Standards administers it. The code says ads shouldn't show unsafe driving, speeding, other road law breaches, or driving while fatigued or affected by drugs or alcohol. Its explanatory note says to avoid drawing attention to a car's speed or acceleration.

Off-road capability can be shown, but not unsafe driving on loose or unsealed surfaces, and racing scenes have to be clearly on a closed circuit. A dealer Reel of a ute fishtailing up a dirt track near Bulahdelah, set to a countdown, is exactly the kind of thing people complain about.

Check
your ad.

Paste an ad, listing or social post and tick what applies. It flags the wording these rules care about most.

Car ad checker

Would this ad
pass in NSW?

Paste an ad, listing or social post and tick what applies. Checked against NSW Fair Trading, ACCC, ASIC and FCAI code guidance on 6 November 2026. The starting copy is made up.

Verdict

-

    A marketer's check of the words, not legal advice. It can't catch everything, so read the rules on this page too.

    Rules for
    workshops.

    Mechanics and panel shops in NSW need a motor vehicle repairer licence, and advertising or running a repair business without one can mean a $5,500 fine or prosecution. The licence number has to be on the sign at the business, or on the vehicle for a mobile mechanic.

    The price rules apply to workshops too. A '$199 log book service' that always ends up near $350 once 'consumables' are added is a component pricing problem waiting to happen. Quote the total, or say clearly what changes the price and by roughly how much.

    What I see most often

    What I'd check first
    in a dealer's ads.

    1. 1

      'ORC' in the small print

      Ads and listings using 'plus ORC' or 'excl. on-roads', often copied straight from a manufacturer template.

    2. 2

      No licence number online

      Dealer websites and Marketplace listings without a licence number, even after the NSW online rules began.

    3. 3

      Weekly prices on their own

      A big '$89 a week' with the price, term and rate in faint text, or missing.

    The honest bit. This is a marketer's checklist, not legal advice. For anything you're unsure about, especially finance ads, ask NSW Fair Trading or a lawyer who works with dealers before the ad runs.

    Questions
    people ask.

    Can NSW car dealers advertise 'plus on-road costs'?

    Not for statutory charges. NSW Fair Trading says ads must not use 'on-road costs' or similar wording for statutory charges. Show dealer charges in dollars and say government charges apply, or give a drive-away price.

    What's the fine for breaking the NSW dealer ad rules?

    Breaches of the specific NSW advertising rules can be prosecuted with fines of up to $2,200. Misleading advertising can also breach the Australian Consumer Law, which carries much bigger penalties.

    Does a dealer warranty replace the consumer guarantees?

    No. The ACCC says voluntary warranties can't replace, change or take away the automatic rights consumers have. In NSW, eligible used cars also come with a 3 month or 5,000 km dealer guarantee.

    Can a car ad show speed or off-road driving?

    Off-road capability, yes; unsafe driving, no. The FCAI code rules out unsafe driving, speeding and road law breaches, and Ad Standards says ads can't show unsafe driving on loose or unsealed terrain.

    Do car finance ads need a comparison rate?

    If they show an interest rate, yes. ASIC's guidance says the ad must include a comparison rate, no less prominently, with a warning.

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