Retailers conduct bag checks in an attempt to control theft. While this practice may be necessary, privacy issues need to be considered and the check conducted with a minimum of intrusion.

The bag check guidelines are sponsored by the Australian Retailer’s Association (ARA) and have been developed as a compromise between the interests of privacy, retail and consumer groups. The guidelines are endorsed by the NSW Office of Fair Trading.

The purpose of the guidelines is to provide principles and practices in relation to bag checks so that shoppers and retailers can approach the situation with knowledge of their rights and obligations. Many of these principles involve the provision of information. Clearly, not all conflicts will be avoided. However, the guidelines provide procedures for the control of conflicts when they arise.

The principles and procedures are divided into:

• the legal position which is determined by the general law of contract and must be complied with;
• principles which have been adopted following consultation with interest groups; and
• suggested practices as to how the legal position and agreed principles might be met or improved upon.

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Enquiries should be directed to:

• Australian Retailers Association NSW
  Telephone (02) 9290 3766 (for retailers).
• Office of Fair Trading
  Telephone 13 32 20 (for consumers).

The Australian Retailers Association NSW (ARA) will endeavour to resolve any issues arising from retailers in respect of the bag check guidelines. The Office of Fair Trading will endeavour to resolve any issues and any complaints arising from consumers who feel that the bag check guidelines have been breached.

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