Bag checks and your rights

Many shops and public venues have a bag checking policy as a security measure to prevent theft.

This page outlines your rights when a business representative asks to check your bag.

Bag checks and your rights as a customer

Before entering a store or venue with a bag check policy, make sure you are aware of the following rights you have:

• You have the right to know before entry that a shop conducts bag checks. Signage must be clearly displayed at the entrance/s to the shop.
• Store personnel are only allowed to look in your bag. They are not allowed to touch the contents inside. However, if you are asked to remove an object in your bag so they can see inside properly, you are expected to cooperate.
• All bags can be checked, however, small handbags (the size of A4 paper or smaller) should not be checked unless the retailer is certain they contain goods from that shop for which have not been paid.
• A retailer is only allowed to detain you and call the police in situations where they are sure an offence has been committed.
• If shop staff forcibly detain or search you and you have not committed an offence, you are entitled to make a complaint to store management or NSW Police.

Guidelines protecting retailers and bag checks

Although you have rights as a customer, there are guidelines that protect the retailer that include the following:

• If you enter a store with signage clearly advising bag checks as a condition of entry, you are agreeing to this condition.
• The retailer’s right to check your bags also includes checking cartons, parcels or any other container you are carrying that could reasonably conceal goods.
• If you refuse to allow shop staff to check your bags, you can be asked to leave the shop and not return.

Bag check guidelines have been developed by the National Retailers Association and endorsed by NSW Fair Trading. The guidelines outline customer and retailer rights and responsibilities as determined by the general law of contract (as the customer entering a shop does so ‘under licence’ from the retailer). They do not form a part of Australian Consumer Law.

Download the bag check guidelines