Consumer Guarantees in Australia (2026)
About this article
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
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| New South Wales | Fair Trading Act 1987 (NSW) |
| Queensland | Australian Consumer Law (Cth), Part 3-2 — consumer guarantees |
| South Australia | Competition and Consumer Act 2010 (Cth) — Australian Consumer Law |
| Tasmania | Competition and Consumer Act 2010 (Cth), Schedule 2 — Australian Consumer Law |
| Victoria | Australian Consumer Law and Fair Trading Act 2012 (Vic) |
| Western Australia | Australian Consumer Law (Cth), Part 3-2 — consumer guarantees |
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.
About Consumer Rights in Australia
If a product fails or a business misled you, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) gives you automatic guarantees on most purchases up to $100,000 — repair, replacement, or refund. No contract or "no refunds" sign overrides them. The ACCC enforces bans on misleading conduct, unconscionable conduct, and unfair contract terms. For disputes, your state tribunal — NCAT, VCAT, or QCAT — is built for self-represented consumers.
Worked Examples
ScenarioThree weeks after you buy a new dishwasher, it stops working and the repair would take 6 weeks to complete.
OutcomeUnder the ACL consumer guarantees, this looks like a major failure (the product can't be used for its normal purpose and can't easily be fixed within a reasonable time). When there's a major failure, you — not the business — choose between a refund, replacement, or repair. The business can't force a repair on you.
Verified against the ACCC: major-failure definition under the ACL (Schedule 2 of the Competition and Consumer Act 2010) and the consumer's right to choose remedy. Educational information, not legal advice.
Common Questions
Are consumer guarantees the same as a warranty?
No. Consumer guarantees are automatic rights under the ACL that apply on top of any voluntary 'manufacturer's warranty' the seller offers. A short warranty can never reduce your ACL rights — they continue even after the warranty expires, for a 'reasonable' time depending on the product.
What counts as a 'major failure'?
Generally a problem so significant that a reasonable buyer wouldn't have bought the product had they known about it, or that makes the product unsafe, very different from its description, or unable to do what you reasonably wanted it to do and not easily fixed in a reasonable time.
Can a 'no refund' sign override my rights?
No. 'No refund', 'no exchange', or 'no refund on sale items' signs cannot remove your ACL rights to a remedy when a product fails to meet a consumer guarantee. Such signs may themselves breach the ACL by misleading consumers about their rights.
What about services — am I protected?
Yes. Services come with guarantees too — they must be provided with due care and skill, fit for any purpose you made known, and supplied within a reasonable time when no time is set. Remedies for major service failures include cancelling the contract and getting a refund.
What is the consumer guarantees right in Australia?
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...
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.
State-by-state details
New South Wales
Primary statute: Fair Trading Act 1987 (NSW)
Full New South Wales guide →Queensland
Primary statute: Australian Consumer Law (Cth), Part 3-2 — consumer guarantees
Consumer guarantees under the Australian Consumer Law (ACL) are enforced in Queensland by the Office of Fair Trading (OFT), a division of the Department of Justice and Attorney-General.
- The OFT investigates complaints about traders who fail to honour consumer guarantees, can issue infringement notices, and can take enforcement action in courts and at QCAT.
- Queensland consumers can lodge disputes with QCAT for claims up to $25,000 (minor civil disputes). QCAT provides a low-cost, accessible alternative to the courts for consumer disputes.
- The Fair Trading Act 1989 (Qld) supplements the ACL with additional state-specific provisions, including regulation of specific industries such as motor dealers, real estate agents, and travel agents.
- The OFT operates regional offices across Queensland, providing face-to-face assistance in areas outside the south-east corner.
South Australia
Primary statute: Competition and Consumer Act 2010 (Cth) — Australian Consumer Law
Consumer guarantees under the Australian Consumer Law (ACL) — Schedule 2 of the Competition and Consumer Act 2010 (Cth) — apply nationally. In SA, the ACL is also applied as SA law through the Fair Trading Act 1987 (SA).
- The ACL guarantees apply to all goods and services sold in SA: goods must be of acceptable quality, fit for any disclosed purpose, match their description and sample, and come with clear title.
- Consumer and Business Services (CBS), within the SA Attorney-General's Department, is the state body responsible for enforcing the ACL in South Australia.
- Both the ACCC (federal) and CBS (state) can take enforcement action against businesses in SA that breach consumer guarantees.
- SA consumers can also rely on the Fair Trading Act 1987 (SA) for additional protections, including provisions relating to door-to-door sales and the conduct of auctioneers.
Tasmania
Primary statute: Competition and Consumer Act 2010 (Cth), Schedule 2 — Australian Consumer Law
Consumer guarantees under the Australian Consumer Law (ACL) — Schedule 2 of the Competition and Consumer Act 2010 (Cth) — apply nationally. In Tasmania, the ACL is also applied as state law through the Australian Consumer Law (Tasmania) Act 2010.
- The ACL guarantees apply to all goods and services sold in Tasmania: goods must be of acceptable quality, fit for any disclosed purpose, match their description and sample, and come with clear title.
- Consumer, Building and Occupational Services (CBOS), within the Department of Justice, is the state body responsible for enforcing the ACL in Tasmania.
- Both the ACCC (federal) and CBOS (state) can take enforcement action against businesses in Tasmania that breach consumer guarantees.
- Tasmania's smaller market and higher proportion of small businesses means CBOS often takes a conciliation-first approach to consumer disputes before pursuing formal enforcement.
Victoria
Primary statute: Australian Consumer Law and Fair Trading Act 2012 (Vic)
Consumer guarantees under the Australian Consumer Law (ACL) are applied in Victoria through the Australian Consumer Law and Fair Trading Act 2012 (Vic). Consumer Affairs Victoria (CAV) is the state enforcement body.
- Consumer Affairs Victoria (CAV) investigates consumer complaints, educates consumers and businesses, and takes enforcement action for breaches of the ACL. CAV is part of the Department of Government Services.
- Consumer guarantees apply to goods and services purchased for personal, domestic, or household use. Goods must be of acceptable quality, fit for purpose, and match their description.
- CAV operates a statewide enquiry line (1300 558 181) and regional offices across Victoria.
- For unresolved disputes, Victorian consumers can apply to the Victorian Civil and Administrative Tribunal (VCAT) for orders including refunds, replacements, and compensation. VCAT's Civil Claims List handles consumer matters up to $100,000.
Western Australia
Primary statute: Australian Consumer Law (Cth), Part 3-2 — consumer guarantees
Consumer guarantees under the Australian Consumer Law (ACL) are enforced in WA by the Department of Mines, Industry Regulation and Safety (DMIRS) — Consumer Protection division.
- Consumer Protection WA (within DMIRS) investigates complaints about traders who fail to honour consumer guarantees, can issue infringement notices, and can take enforcement action in courts and at SAT.
- WA consumers can lodge disputes with the State Administrative Tribunal (SAT) for minor civil matters and consumer claims. SAT provides an accessible, lower-cost alternative to the courts.
- The Fair Trading Act 2010 (WA) supplements the ACL with state-specific provisions, including regulation of motor vehicle dealers, real estate agents, and settlement agents.
- Consumer Protection WA operates offices in Perth, Bunbury, and Kalgoorlie, plus an online complaint system for regional consumers.
Consumer Guarantees in other states
Same topic, different jurisdiction. Pick the one that applies to you.