Checking your customers' bags

Retail shops can do bag checks to prevent theft. Bag checks can include looking into bags, parcels, containers, prams or trolleys.

Bag checks are voluntary—you can only do them if the customer agrees.

The Australian Consumer Law doesn't cover bag checks. You should get independent legal advice if you want to know how this information specifically applies to your business.

Conditions of entry signage

You have a right to put reasonable conditions in place for entering your shop. This is because customers entering your shop do so 'under licence' from you.

You must let customers know your conditions of entry, including if you intend to do bag checks.

You must write your conditions of entry on a sign and display the sign at every entrance.

Your conditions of entry must apply to all customers equally.

If your sign is displayed correctly, the customer will be agreeing to the conditions by entering your premises.

Inspections

When checking bags don't touch the bag or any items in it—ask the customer to move items to help you see inside easily.

You can't forcibly check a customer's bag. If a customer refuses a check, you can ask them to leave the shop and not return until they agree to follow your conditions of entry.

You should have a policy for situations when a customer brings in a similar item to one you stock and they don't have a receipt or proof of purchase.

More information

Talk to your industry association if you have any issues with bag checks.