Thank you for your query regarding disclosure requirements for influencers.
We are in the process of amending our guidance on influencers to make it clearer what is and isn't adequate. Essentially we will be saying that:
Where an influencer or affiliate accepts payment of money or free products or services from a brand in exchange for them to promote that brands products or services, the relationship must be clear, obvious and upfront to the audience and expressed in a way that is easily understood (e.g. #ad, Advert, Advertising, Branded Content, Paid Partnership, Paid Promotion). Less clear labels such as #sp, Spon, gifted, Affiliate, Collab, thanks to... or merely mentioning the brand name may not be sufficient to clearly distinguish the post as advertising.
In relation to laws, the ACCC and the Australian Consumer Law does cover this area - if influencers fail to disclose a commercial relationship with a brand when doing a review or promoting a product, they may be found to have engaged in misleading or deceptive conduct and be liable to financial penalties. The ACCC has already issued a warning on this to influencers. I would err on the side of caution and disclose clearly and upfront and in a way that cannot be confused.
I hope this helps