AU Compliance

Australian Compliance Guide

Simi is designed to help Australian real estate professionals operate confidently within all applicable laws, regulations, and industry standards.

calendar_monthLast Updated: January 15, 2024
gavelAustralian Consumer Law Aligned
verified_userACCC Guidelines Compliant
warning

Legal Disclaimer

The information provided on this page is for general educational and informational purposes only and does not constitute legal or professional advice. While we strive to keep this information current, real estate laws and ACCC guidelines change frequently. Agents should seek independent legal counsel regarding their specific advertising obligations and compliance programs.

1. Overview

The Australian real estate industry operates under a comprehensive framework of federal and state regulations. As an AI-powered visual marketing platform, Simi is committed to helping agents, property managers, and agencies remain fully compliant while delivering world-class marketing materials.

gavel

Federal Law

Australian Consumer Law, Privacy Act, Spam Act, Copyright Act

location_on

State Law

Property & Stock Agents Acts across all 6 states + 2 territories

groups

Industry Codes

REIA, REINSW, REIV, REIQ, REIWA, REISA standards

2. Australian Consumer Law (ACL)

The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) prohibits misleading or deceptive conduct in trade or commerce. This is particularly relevant to how AI-modified property images are presented in listings.

Key ACL Obligations for Virtual Staging

label
Mandatory Disclosure Labels
Built-in

Virtually staged or AI-modified images must be clearly labelled. Simi automatically applies "Virtually Staged" watermarks to all processed images, which can be toggled on or off per your agency's disclosure policy.

straighten
Structural Integrity
Enforced

AI enhancements must not alter the structural layout, size, or physical condition of a property. Simi's processing pipeline is restricted to cosmetic changes only — furniture, décor, lighting, and landscaping.

block
Prohibited Modifications
Prohibited

Removing existing fixtures, altering room dimensions, hiding defects, or misrepresenting property boundaries are prohibited uses of our platform and violate our Terms of Service.

3. ACCC Advertising Standards

The Australian Competition & Consumer Commission (ACCC) enforces advertising standards that apply directly to real estate marketing imagery. The ACCC has published specific guidance on digitally altered property photographs.

format_quoteACCC Position on Virtual Staging

"Businesses must not use digitally altered images that give consumers a misleading impression about the nature, characteristics, or condition of a property. Clear and prominent disclosure is required when images have been digitally modified."

— ACCC Digital Advertising Guidance Framework

Simi's ACCC Compliance Features

  • Automatic "Virtually Staged" watermark on all AI-processed images
  • Audit trail of all original vs. modified image pairs stored for 24 months
  • Configurable disclosure banners for major property portal exports
  • Agent education prompts within the platform reminding of disclosure obligations

4. State & Territory Regulations

Each Australian state and territory has its own property agents legislation. The following table summarises the key requirements relevant to AI-enhanced marketing images:

State/TerritoryLegislationKey Requirement
NSWProperty & Stock Agents Act 2002Disclosure of material facts; digitally altered images constitute a material fact
VICEstate Agents Act 1980Images must not create false impressions; virtual staging requires labelling
QLDProperty Occupations Act 2014Fair representation; all modifications must be disclosed in listing descriptions
WAReal Estate & Business Agents Act 1978Prohibition on misleading advertising; AI disclosure strongly recommended
SALand Agents Act 1994Material misrepresentation prohibited; disclose all significant visual changes
TASProperty Agents & Land Transactions Act 2005Honest representation; label AI content clearly
ACTAgents Act 2003Consumer protection aligned; follow ACCC guidelines
NTAgents Licensing Act 1979Prohibition on misleading statements; disclose digitally altered content

5. AI Content Disclosure

As AI-generated imagery becomes increasingly prevalent in property marketing, industry bodies and regulators are developing specific guidance. Simi proactively supports full disclosure to protect agents, vendors, and buyers.

Recommended Disclosure Language

Virtual Staging

"Some images in this listing have been virtually staged to illustrate the potential of the space. Furniture and décor shown are not included with the property."

AI Enhancement

"Photography has been digitally enhanced for colour correction and lighting. The property may appear different in person."

Virtual Renovation

"Artists' impression only. Proposed renovation finishes are for illustrative purposes and may vary from the final result."

lightbulb

Tip: Simi can automatically append your chosen disclosure text to every export. Configure your preferred wording once in Settings → Compliance and it applies to all future exports.

6. Real Estate Institute Standards

The Real Estate Institute of Australia (REIA) and its state affiliates have established voluntary codes of conduct that align with and often exceed legislative minimums.

REINSWNew South Wales

Mandatory disclosure in all online listings and physical brochures

REIVVictoria

Best practice guidelines on AI imagery available to members

REIQQueensland

Listing description must reference any virtual staging used

REIWAWestern Australia

Consumer-first disclosure policy aligned with ACCC guidance

REISASouth Australia

Industry code requires prominent labelling on portal listings

REITTasmania

Disclosure recommended in all marketing collateral

7. Spam Act & Electronic Communications

The Spam Act 2003 (Cth) regulates commercial electronic messages including marketing emails and SMS sent using assets created on our platform.

  • Consent Required: All commercial email campaigns using Simi-generated images must have prior consent from recipients. Simi does not send marketing on behalf of agents — that remains the agent's responsibility.
  • Opt-out Mechanism: Every marketing communication must include a functional unsubscribe mechanism that is honoured within 5 business days.
  • Sender Identification: The name and contact details of the sending agency must be clearly visible in all communications.
  • Our Platform Emails: All emails sent by Simi (receipts, reports, account notifications) comply fully with the Spam Act and include an unsubscribe link.

Compliant by design

Simi is built to help Australian agents market confidently. Have a compliance question our guide didn't answer?