Unfair Trading Practices Bill 2026

Checklist & Scorecard

Work through 20 checks covering pricing, subscriptions and common UX risk indicators. Your results can help you identify areas of your digital experience that may warrant closer review with your digital, legal and compliance teams.

Unfair Trading Practices Bill 2026

Checklist & Scorecard

Work through 20 checks covering pricing, subscriptions and common UX risk indicators. Your results can help you identify areas of your digital experience that may warrant closer review with your digital, legal and compliance teams.

Unfair Trading Practices Bill 2026

Checklist & Scorecard

Work through 20 checks covering pricing, subscriptions and common UX risk indicators. Your results can help you identify areas of your digital experience that may warrant closer review with your digital, legal and compliance teams.

Unfair Trading Practices Bill 2026

Checklist & Scorecard

Work through 20 checks covering pricing, subscriptions and common UX risk indicators. Your results can help you identify areas of your digital experience that may warrant closer review with your digital, legal and compliance teams.

This checklist looks at how customers experience your digital journeys, including how information, choices, pricing and actions are presented. It can help identify areas that may warrant further review, but it is not a legal compliance assessment or legal advice. Your legal and compliance teams should determine how the legislation applies to your organisation, products and services.

10
Hard compliance points
0 / 10 checked
10
Risk indicator points
0 / 10 checked

Hard compliance

Bright-line, testable

Specific, testable requirements set out in the legislation.

These checks cover areas where the legislation sets out specific requirements for pricing and subscription experiences. Unlike the broader unfair trading practices prohibition, these requirements are more clearly defined and can be checked against your current experience.

Tick the box if the statement is true of your current digital experience. Leave it unticked if it isn't true, you're unsure, or you need to investigate further.

An unticked item may indicate an area that needs attention. Your legal or compliance team should determine how the requirement applies to your organisation and circumstances.

A Drip pricing (s48A)
B Subscription disclosure (s48D)
C Subscription exit (s48F)

Risk indicators

Judgment-based risk

Areas where context and the overall customer experience matter.

These checks relate to the broader unfair trading practices prohibition. Unlike the specific requirements above, there isn't always a simple pass or fail. Whether a practice creates risk depends on the conduct, the context in which it occurs and how it may affect customer decision-making.

Tick the box if the statement is true of your current digital experience. Leave it unticked if it isn't true, you're unsure, or you need to investigate further.

An unticked item doesn't necessarily mean there is a problem. Individual design patterns can have legitimate uses. However, several issues occurring within the same customer journey may indicate an area that warrants closer review with your legal or compliance team.

The Explanatory Memorandum is explicit: a single dark pattern can have a legitimate use. Combining several in one journey is what increases legal risk.
D Disclosure and clarity
E Defaults and pre-selections
F Urgency, scarcity and pressure
G Obstruction

Dark Pattern Sprint: An Unfair Trading Practices UX Review

Dark Pattern Sprint: An Unfair Trading Practices UX Review

We review your key customer journeys, checkout, sign-up, cancellation, account changes and flag where you're exposed.

Ready to collaborate?

Let’s chat

(03) 9088 0868

Visit our office

Ground Floor, 68 Clarke Street
South Melbourne
VIC 3205

Send us an email

Social media

Acknowledgement of Country

Nomat acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present.

Diversity and inclusion

Nomat celebrates, values and champions people of all ethnicities, faiths, ages, abilities, languages, gender identities and sexual orientations. We want everyone to feel safe to bring their whole selves to Nomat. 

Corporate Social Responsibility

We strive to give back by supporting grassroots organisations like Global Girl Project via pro bono work and donations.

Ready to collaborate?

Let’s chat

(03) 9088 0868

Visit our office

Ground Floor, 68 Clarke Street
South Melbourne
VIC 3205

Send us an email

Social media

Acknowledgement of Country

Nomat acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present.

Diversity and inclusion

Nomat celebrates, values and champions people of all ethnicities, faiths, ages, abilities, languages, gender identities and sexual orientations. We want everyone to feel safe to bring their whole selves to Nomat. 

Corporate Social Responsibility

We strive to give back by supporting grassroots organisations like Global Girl Project via pro bono work and donations.