Consumer Guarantees in Queensland
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 Queensland differs from federal law
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.
Additional Steps in Queensland
Contact the business first to request a remedy. If unresolved, lodge a complaint with the OFT (qld.gov.au/fairtrading or 13 74 68). Apply to QCAT (qcat.qld.gov.au) for disputes up to $25,000. For larger claims, seek legal advice. The ACCC handles systemic or national issues.
Relevant Law: Australian Consumer Law (Cth), Part 3-2; Fair Trading Act 1989 (Qld)
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.