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Pyramid schemes

A pyramid selling scheme is one in which goods or services are sold and the participants in the scheme receive payment or other benefit for introducing other people into the scheme as new participants. As each new participant is introduced to the scheme, the original participant moves further up the 'pyramid' and, depending upon the rules of the scheme, ultimately receives some payment or benefit, usually consisting of a contribution from each new participant. As there is usually a practical limit on the number of people willing to participate in the scheme, it is usually those who join the scheme at the start who receive some benefit whereas those joining at a later stage often have to make a payment but receive no benefit in return.

Under the Competition and Consumer Act 2010 (Cth) [Schedule 2 s 44] it is an offence to participate in or promote a pyramid scheme. The maximum pecuniary penalty (fine) that may be imposed is $2.5 million for an individual [Competition and Consumer Act 2010 (Cth) Schedule 2 s 224]. For a corporation, the maximum fine that may be imposed is the greater of:

  • $50 million
  • if the court can determine the value of the 'reasonably attributable' benefit obtained, 3 times that value, or
  • if the court cannot determine the value of the 'reasonably attributable' benefit, 30% of the corporation's adjusted turnover during the breach turnover period for the contravention.
Pyramid schemes  :  Last Revised: Tue Jan 6th 2026
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.