Consumer Guarantees in New South Wales
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 Australian Consumer Law (ACL). These guarantees apply regardless of any manufacturer’s warranty or store policy:
- Acceptable quality (s 54): Goods must be safe, durable, free from defects, and look acceptable. The standard is what a reasonable consumer would expect for the price and description.
- 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): Products must match any description given by the seller, on packaging, or in advertising.
- Match sample or demo (s 57): If you bought the product based on a sample or demonstration model, the product must match it.
- Repairs and spare parts (s 58): Manufacturers must provide repair facilities and spare parts for a reasonable time after purchase, unless they told you otherwise before the sale.
These guarantees cannot be excluded by signs, contracts, or fine print. Any term that says “no refunds” or “all sales final” does not override your rights.
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.
How New South Wales differs from federal law
Consumer guarantees under the Australian Consumer Law (ACL) apply nationally, but in NSW, the ACL is applied as a law of the state through the Fair Trading Act 1987 (NSW). NSW Fair Trading is the primary state enforcement body.
- NSW Fair Trading (part of the Department of Customer Service) investigates consumer complaints, takes enforcement action against businesses that breach the ACL, and provides information and education to NSW consumers.
- Consumer guarantees apply to goods and services purchased for personal, domestic, or household use (and to business vehicles and trailers under $100,000). Goods must be of acceptable quality, fit for purpose, match their description, and come with clear title.
- NSW Fair Trading operates regional offices across the state and a statewide contact centre (13 32 20) for consumer inquiries and complaints.
- For disputes that cannot be resolved directly with the trader, NSW consumers can apply to the NSW Civil and Administrative Tribunal (NCAT) for orders, including refunds, repairs, or compensation.
Additional Steps in New South Wales
Complain to the trader first, in writing. If unresolved, lodge a complaint with NSW Fair Trading (13 32 20 or fairtrading.nsw.gov.au). For claims up to $40,000, apply to NCAT (ncat.nsw.gov.au). For motor vehicles, contact the NSW Fair Trading Motor Dealer complaint service.
Relevant Law: Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law); Fair Trading Act 1987 (NSW)
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.
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