Shoplifting is a persistent concern for Australian retailers, contributing significantly to retail shrinkage and financial loss. While most business owners are aware that shoplifting is a criminal offence, many are unsure about what they can legally do when it occurs. Understanding the law is essential for protecting your business, your staff, and your customers. loss prevention security services
This article outlines the key aspects of shoplifting laws in Australia and what business owners need to know to respond appropriately and legally.
What is Shoplifting?
Shoplifting involves taking goods from a retail store without paying for them. Under Australian law, this is typically charged as "theft", which is defined as dishonestly taking property with the intent of permanently depriving the owner of it.
Shoplifting can include:
Concealing items and leaving without paying
Switching price tags
Returning stolen goods for a refund or store credit
Consuming products in-store and not paying
Legal Framework: State-Based Laws
While theft is recognised nationally as a criminal offence, the specific laws, penalties, and procedures vary slightly between Australian states and territories.
Examples:
Queensland: Governed by the Criminal Code Act 1899 (Qld). Shoplifting is considered stealing and penalties range from fines to imprisonment (up to 5 years for serious offences).
New South Wales: Covered under the Crimes Act 1900 (NSW). Penalties depend on the value of goods, with summary offences for low-value theft under $2,000.
Victoria: Under the Crimes Act 1958 (Vic), theft is punishable by up to 10 years in prison, though minor shoplifting is often dealt with through infringement notices or diversion programs.
What Businesses Can (and Can’t) Do
✅ What You Can Do:
Detain a Suspected Shoplifter
A retailer has the legal right to make a citizen’s arrest if they reasonably believe someone has committed an offence. However, it must be done with care—only reasonable force may be used, and the police should be called immediately.Request to Inspect Bags
Many stores post signage stating that bags may be checked. You can ask to check a customer’s bag, but they are not legally obligated to comply unless police are involved.Install Surveillance and Security Systems
CCTV cameras, security tags, and electronic article surveillance are all legal and effective tools—provided they respect privacy laws (e.g., no cameras in changerooms or bathrooms).Report to Police
Businesses should report suspected shoplifting promptly. Provide as much evidence as possible, including CCTV footage and witness statements.
❌ What You Cannot Do:
Use Excessive Force
Using unnecessary or aggressive physical force to detain a suspect can result in legal action against your business.Search Personal Property Without Consent
You cannot forcibly search someone’s bag or belongings. Doing so can constitute assault or unlawful detention.Publicly Shame or Humiliate
Displaying images of suspected shoplifters publicly (e.g., on social media or in-store) can breach defamation and privacy laws unless the police have issued a public appeal.
Penalties for Shoplifting
Penalties vary based on:
Value of the stolen goods
Offender’s criminal history
Circumstances of the offence
Typical outcomes for first-time or minor offenders may include:
Formal caution
On-the-spot fines
Diversion programs
Good behaviour bonds
Repeat or serious offenders can face:
Criminal charges
Court appearances
Fines of several thousand dollars
Imprisonment
Best Practices for Retailers
To protect your business while staying within the law:
Train Staff: Ensure your team knows how to spot suspicious behaviour and respond safely and legally.
Implement Clear Policies: Post visible signage about surveillance and bag checks.
Invest in Technology: Use modern security systems to deter and identify shoplifters.
Document Incidents: Keep a detailed record of any suspected thefts, including time, description, actions taken, and witnesses.
Work with Local Police: Establish a relationship with your local police station to report incidents efficiently.
Final Thoughts
Shoplifting can seriously affect a retailer’s bottom line, but the response must be lawful, measured, and well-informed. By understanding the legal framework and implementing sound loss prevention strategies, Australian businesses can protect their operations and maintain a safe environment for customers and staff.
If you’re unsure about the legalities of handling shoplifting incidents, it’s wise to seek advice from a solicitor or business advisor familiar with your state’s criminal laws.
