Hides, disguises or delays material consequences so that the user takes an action they may otherwise reject.
This family contains 5 canonical practicesand 10 paired fictional interface examples. It is a learning and review structure, not a statutory category, regulator finding or conclusion that a particular interface is unlawful.
Begin with observable interface states and sequences. These signals are prompts to preserve evidence and ask better questions; they are not a shortcut to the elements of an Australian legal test.
A material cost, product or recurring consequence appears after the relevant choice.
The interface produces a different commercial outcome from the action represented.
Silence, an ineffective refusal or an unrelated interaction is treated as authorisation.
Fairer design
Principles for a more neutral choice
A fairer alternative should preserve the person’s intended task while making consequences, alternatives and changes of mind usable. It is a practical comparison, not a legal safe harbour.
Require a deliberate specific action for every paid or recurring consequence.
Show foreseeable total cost and contract type before commitment.
Preserve removals and refusals across recalculation, channel and lifecycle changes.
Australian legal context
Apply the legal layer after identifying the mechanism
A taxonomy helps reviewers name and compare an interaction. Legal analysis still depends on the provision in force, the complete journey, the consumer context, evidence and the alleged detriment. Keep these layers separate in reports and release decisions.
Current law and enforcement
Existing ACL provisions, including misleading conduct and false-representation rules, may apply now where their own elements are satisfied. Do not describe current cases as enforcement of section 28B.
Enacted section 28B
From 1 July 2027, the general prohibition requires consumer-connected conduct that manipulates the consumer or unreasonably distorts the decision environment and causes, or is likely to cause, financial or other detriment. A family label alone satisfies none of those elements.
Regulations and guidance
Pending regulations or dedicated regulator guidance must be marked as pending until published and verified. They must not be silently converted into present duties, exclusions or regulator-approved design rules.
Editorial implementation guidance
Recognition signals, fair-design principles and evidence prompts on this page support product, design, engineering and legal review. They do not replace advice on a specific journey or certify compliance.
Review complete transitions rather than isolated screens. The same mechanism can change meaning when a person is comparing prices, confirming a purchase, managing an account or trying to leave a service.
Each guide provides a plain-language definition, inclusion and exclusion boundaries, at least two paired HTML examples, fairer alternatives, review questions, evidence prompts and a context-specific Australian legal-information map.
Editorial implementation guidanceSneaking
Bait and switch
Bait and switch is a working label for this design mechanism: The user selects a represented action or offer but receives a materially different outcome that favours the business. This is editorial implementation guidance for Australian journeys, not a finding of unlawfulness. From 1 July 2027, a similar interface is relevant to ACL section 28B only if the complete consumer-connection, manipulation or unreasonable-distortion and actual-or-likely-detriment test is met. Current ACL rules require a separate assessment.
From 1 July 2027, section 48A will require specified information about a transaction-based charge to appear legibly, prominently, unambiguously and close to a displayed base price for consumer-type goods or services. It does not replace the ACL's single-price or misleading- conduct rules. Whether an amount is a transaction-based charge or an excluded amount must be checked carefully.
Negative option or unauthorised transaction is a working label for this design mechanism: Silence, inactivity or an ineffective prior interaction is treated as authorisation for a paid or consequential transaction. This is editorial implementation guidance for Australian journeys, not a finding of unlawfulness. From 1 July 2027, a similar interface is relevant to ACL section 28B only if the complete consumer-connection, manipulation or unreasonable-distortion and actual-or-likely-detriment test is met. Current ACL rules require a separate assessment.
Sneak into basket is a working label for this design mechanism: A paid or consequential item is added to a basket or transaction without a clear, deliberate and specific user choice. This is editorial implementation guidance for Australian journeys, not a finding of unlawfulness. From 1 July 2027, a similar interface is relevant to ACL section 28B only if the complete consumer-connection, manipulation or unreasonable-distortion and actual-or-likely-detriment test is met. Current ACL rules require a separate assessment.
The Act creates specific subscription rules from 1 July 2027. Section 48D requires clear pre-contract disclosure of subscription status, payment liabilities, duration, continuation, notice and exit information. Section 48E's in-contract information duty applies only as prescribed, so the Act does not yet supply a universal reminder interval. Existing ACL rules already apply to misleading recurring-price and subscription representations.
