Right to Refund, Repair, or Replacement in Victoria
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 Victoria differs from federal law
The right to refund, repair, or replacement under the ACL is enforced in Victoria by Consumer Affairs Victoria (CAV). The remedy depends on whether the failure is major or minor.
- For a major failure, the consumer chooses: refund, replacement, or compensation. For a minor failure that can be fixed, the retailer can choose to repair, replace, or refund within a reasonable time.
- CAV actively pursues businesses that display "no refund" signs or that mislead consumers about their refund rights — these practices breach the ACL.
- Victoria has a Motor Car Traders Claims Committee that specifically handles disputes about second-hand motor vehicle purchases from licensed dealers, providing a free alternative to VCAT for vehicle disputes.
- VCAT's Civil Claims List provides an accessible forum for consumer disputes. Filing fees are modest, and the process is designed for self-represented parties.
Additional Steps in Victoria
Write to the retailer requesting a remedy. If refused, contact CAV (1300 558 181). For motor vehicles, contact the Motor Car Traders Claims Committee (consumer.vic.gov.au). Apply to VCAT for unresolved disputes. Filing fees start from around $65.
Relevant Law: Australian Consumer Law (Cth), ss 259-266; Australian Consumer Law and Fair Trading Act 2012 (Vic); Motor Car Traders Act 1986 (Vic)
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.