The Australian Consumer Law
When you buy goods or services in Australia, you are protected by the Australian Consumer Law (ACL), which forms part of the Competition and Consumer Act 2010. The ACL applies nationally and is enforced by the Australian Competition and Consumer Commission (ACCC) as well as state and territory consumer protection agencies.
Understanding your rights under the ACL can save you money and frustration when things go wrong with a purchase.
Consumer Guarantees
Under the ACL, businesses automatically provide certain consumer guarantees when they sell goods or services. These exist regardless of any warranty a business offers (or doesn't offer). You cannot be talked out of these rights.
Guarantees for Goods
When you buy a product, it must be:
- Acceptable quality – safe, durable, free from defects, and fit for the purpose goods of that type are ordinarily used for
- Fit for a disclosed purpose – if you told the seller what you needed it for, it must be suitable for that purpose
- Matching the description or sample – the product must match what was advertised or shown
- Free of undisclosed securities – you should be able to own and use it without any undisclosed restrictions
Guarantees for Services
Services must be:
- Provided with due care and skill
- Fit for purpose for any specified goal you communicated
- Delivered within a reasonable time (if no time is agreed)
Your Right to a Remedy
If a product or service fails to meet a consumer guarantee, you are entitled to a remedy. The type of remedy depends on whether the failure is major or minor.
| Type of Failure | Your Remedy Options |
|---|---|
| Minor failure (e.g., small defect that can be repaired) | Repair, replacement, or refund at the business's discretion |
| Major failure (e.g., product unusable, wouldn't have bought it knowing the fault) | Your choice of refund, replacement, or compensation for the drop in value |
What Businesses Cannot Do
Under the ACL, it is illegal for a business to:
- Display a "No Refunds" sign or tell you that you have no right to a refund (this is not true for faulty goods)
- Claim a manufacturer's warranty replaces your legal rights
- Engage in misleading or deceptive conduct
- Use high-pressure or unconscionable sales tactics
Note: Businesses are not required to give refunds simply because you changed your mind — change-of-mind refunds are at the business's discretion unless they have a stated policy.
How to Make a Complaint
- Contact the business directly – Clearly explain the problem, what remedy you want, and give them a reasonable time to respond.
- Escalate to a supervisor or head office – If the first contact doesn't resolve it, escalate internally.
- Contact your state or territory consumer protection agency – For example, Consumer Affairs Victoria, NSW Fair Trading, or the Office of Fair Trading in QLD.
- Lodge a complaint with the ACCC – The ACCC does not handle individual disputes but uses reports to identify wider issues.
- Consider the relevant ombudsman or tribunal – For some sectors (energy, telecommunications, banking), there are industry ombudsman schemes. Small claims tribunals in each state can also resolve disputes.
Where to Get Help
The ACCC website (accc.gov.au) provides detailed guidance and a consumer rights guide. Your state or territory consumer affairs agency can also provide advice and may be able to help mediate disputes.