Right to Refund, Repair, or Replacement in Australia

By Ahmed Alsaedi, Founding Editor

Source: Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010), ss 259–263 — Remedies for Consumer Guarantee Failures

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

Australian Federal Law

What is this right?

When a product fails to meet a consumer guarantee, you have a right to a remedy — but the kind of remedy depends on whether the failure is major or minor. That distinction is the most-litigated word in the ACL.

Major failure: a reasonable consumer would not have bought the product if they'd known. The product is significantly different from its description, substantially unfit for purpose, unsafe, or can't be easily repaired. For a major failure, you choose the remedy — refund, replacement, or compensation. The seller's preference doesn't bind you.
Minor failure: something the seller can fix in a reasonable time. The seller gets to choose to repair. If they don't fix it in a reasonable time, the failure escalates and you regain the choice.
No fixed time limit: consumer guarantees aren't capped at 30 days, 12 months, or any other store-policy number. They last as long as is reasonable for the product. A $2,000 fridge has to last meaningfully longer than a $20 toaster.

Sellers cannot charge return shipping on faulty goods. For large items, the seller arranges and pays for collection.

When does it apply?

A product you bought as a consumer fails to meet one or more consumer guarantees (quality, fitness for purpose, matching description, etc.).
The failure was not caused by misuse, accident, or normal wear and tear on your part.
Applies even if the manufacturer’s warranty has expired — consumer guarantees can outlast warranties.

What to Do If an Australian Business Refuses Your Refund, Repair, or Replacement

Determine whether the failure is major or minor — this decides who chooses the remedy.
For a major failure, tell the seller you want a refund or replacement — the choice is yours, not theirs.
Put your request in writing and keep copies of receipts, photos, and correspondence.
If the seller refuses, contact your state or territory fair trading office or lodge a complaint with the ACCC.

What should you NOT do?

Don’t accept a store credit if you want a refund for a major failure — you are entitled to your money back.
Don’t pay for return shipping on faulty goods — the seller covers that cost.
Don’t assume the warranty period is all you get — consumer guarantees can extend well beyond the stated warranty.

State Law

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 right to refund, repair, or replacement apply?

A product you bought as a consumer fails to meet one or more consumer guarantees (quality, fitness for purpose, matching description, etc.).The failure was not caused by misuse, accident, or normal wear and tear on your part.Applies even if the manufacturer’s warranty has expired — consumer guarantees can outlast warranties.

What should I do if a store in Australia is refusing to give me a refund for a faulty product?

Determine whether the failure is major or minor — this decides who chooses the remedy.For a major failure, tell the seller you want a refund or replacement — the choice is yours, not theirs.Put your request in writing and keep copies of receipts, photos, and correspondence.If the seller refuses, contact your state or territory fair trading office or lodge a complaint with the ACCC.

What mistakes should I avoid with right to refund, repair, or replacement?

Don’t accept a store credit if you want a refund for a major failure — you are entitled to your money back.Don’t pay for return shipping on faulty goods — the seller covers that cost.Don’t assume the warranty period is all you get — consumer guarantees can extend well beyond the stated warranty.

Right to Refund, Repair, or Replacement in other states

Same topic, different jurisdiction. Pick the one that applies to you.