Consumer Guarantees in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Every product sold in Australia comes with automatic consumer guarantees under the ACL. They run alongside any manufacturer's warranty and they cannot be contracted out of:
- Acceptable quality (s 54): the goods must be safe, durable, free from defects, and reasonable in appearance — judged against what a reasonable consumer would expect for the price.
- Fit for purpose (s 55): if you tell the seller what you need the product for, it must be reasonably fit for that purpose.
- Match description (s 56): the product must match any description given by the seller, on packaging, or in advertising.
- Match sample or demo (s 57): if you bought based on a sample or demonstration model, the actual product must match.
- Repairs and spare parts (s 58): manufacturers must keep repair facilities and spare parts available for a reasonable time, unless they explicitly disclosed otherwise before sale.
The guarantees cannot be excluded by signs, contract terms, or fine print. "No refunds" and "all sales final" signs are not just unenforceable — under s. 29(1)(m) they're a misleading representation in their own right, and they attract penalties.
When does it apply?
- You bought goods or services as a consumer — meaning the price was $100,000 or less, or the goods were for personal or household use.
- The seller was acting in trade or commerce (not a private sale between individuals).
- Applies to new and second-hand goods, but expectations adjust for age, price, and condition.
- Covers goods bought online, in-store, at markets, or from door-to-door sellers.
What to Do If a Product You Bought in Australia Doesn't Meet Consumer Guarantees
- Contact the seller first — you have the right to deal with the business that sold you the product, not just the manufacturer.
- Explain the problem and state the remedy you want (refund, repair, or replacement).
- If the seller refuses, lodge a complaint with the ACCC at accc.gov.au or call 1300 302 502.
- For unresolved disputes, contact your state or territory consumer affairs agency or apply to the relevant tribunal (e.g., NCAT in NSW, VCAT in Victoria).
What should you NOT do?
- Don’t accept “no refund” signs as the final word — these signs are actually illegal if they suggest you have no rights under the ACL.
- Don’t assume you must go to the manufacturer — your contract is with the seller, and the seller must handle your claim.
- Don’t wait too long — act within a reasonable time after discovering the problem.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does consumer guarantees apply?
You bought goods or services as a consumer — meaning the price was $100,000 or less, or the goods were for personal or household use.The seller was acting in trade or commerce (not a private sale between individuals).Applies to new and second-hand goods, but expectations adjust for age, price, and condition.Covers goods bought online, in-store, at markets, or from door-to-door sellers.
What should I do if a product I bought in Australia is faulty or doesn't meet consumer guarantees?
Contact the seller first — you have the right to deal with the business that sold you the product, not just the manufacturer.Explain the problem and state the remedy you want (refund, repair, or replacement).If the seller refuses, lodge a complaint with the ACCC at accc.gov.au or call 1300 302 502.For unresolved disputes, contact your state or territory consumer affairs agency or apply to the relevant tribunal (e.g., NCAT in NSW, VCAT in Victoria).
What mistakes should I avoid with consumer guarantees?
Don’t accept “no refund” signs as the final word — these signs are actually illegal if they suggest you have no rights under the ACL.Don’t assume you must go to the manufacturer — your contract is with the seller, and the seller must handle your claim.Don’t wait too long — act within a reasonable time after discovering the problem.
Consumer Guarantees in other states
Same topic, different jurisdiction. Pick the one that applies to you.