The prohibition against misleading conduct in trade or commerce was originally introduced into Australian law as s 52 of the Trade Practices Act 1974 (Cth).  This provision has now been moved to s 18 of the ACL.

The wording of s 52 of the old TPA and s 18 of the new ACL is substantially the same.  This means that previously decided cases that have involved the application of s 52 of the Trade Practices Act remain valid as precedents for interpreting and applying s 18 of the ACL.