Right to Refund, Repair, or Replacement in Tasmania
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?
When a product fails to meet a consumer guarantee, you have the right to a remedy. The remedy you can demand depends on whether the failure is major or minor:
- Major failure: A reasonable consumer would not have bought the product if they knew about the problem. The product is significantly different from its description, substantially unfit for purpose, unsafe, or cannot be easily fixed. For a major failure, you choose whether to get a refund, replacement, or compensation.
- Minor failure: The problem can be fixed within a reasonable time. The seller can choose to repair the product. If they fail to repair it in a reasonable time, you can get a refund or replacement.
- No time limit on guarantees: Consumer guarantees are not limited to a set number of days. They last for as long as is reasonable given the product’s price, quality, and type. A $2,000 fridge, for example, should last significantly longer than a $20 toaster.
Sellers cannot charge you for shipping costs when returning a faulty product. For large items, the seller must arrange and pay 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.
How Tasmania differs from federal law
Refund, repair, and replacement rights under the Australian Consumer Law apply in Tasmania. Whether you can choose a refund, repair, or replacement depends on whether the failure is major or minor.
- For a major failure — where the product is unsafe, significantly different from its description, or would not have been purchased had the consumer known about the defect — the consumer can choose a refund, replacement, or compensation.
- For a minor failure, the business can choose whether to repair, replace, or refund, provided the remedy is provided within a reasonable time.
- In Tasmania, CBOS can assist with disputes about refunds and repairs. CBOS officers can contact businesses on behalf of consumers and facilitate resolution.
- If a business refuses to honour consumer guarantees, Tasmanian consumers can take the matter to the Magistrates Court (Civil Division) for minor civil claims.
- "No refund" signs are illegal in Tasmania (and nationally) if they imply consumers have no rights when goods are faulty.
Additional Steps in Tasmania
First, contact the business directly in writing, stating the problem and the remedy you seek. If unsuccessful, lodge a complaint with CBOS (cbos.tas.gov.au or 1300 654 499). For unresolved disputes, apply to the Magistrates Court (Civil Division).
Relevant Law: Competition and Consumer Act 2010 (Cth), Schedule 2, Part 5-4; Australian Consumer Law (Tasmania) Act 2010 (Tas)
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.