Australia Consumer Guarantee Demand — Refund, Replacement or Repair (ACL)
First-person self-help demand to a supplier under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Schedule 2). Cites the consumer guarantees (acceptable quality s 54, fitness for purpose s 55, description s 56; services s 60–s 61) and the remedy framework (s 259; major failure s 260 — where a failure is major the consumer chooses a refund or replacement). You complete and send it yourself. Escalation: state/territory consumer protection agency + tribunal (NCAT/VCAT/QCAT) or small claims; ACCC report.
Statute of Limitations Warning
Legal deadlines apply to your claim. You lose your right to act if you wait too long. Send notice as soon as possible.
Why this letter works:
- Cites the exact law: Automatically applies the correct state and federal statutes to your situation.
- Sets a firm deadline: Legally compels a response within the required statutory timeframe.
- Creates a paper trail: Designed to serve as Exhibit A if you need to escalate to an agency or court.
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Your Action Plan
This letter is part of a formal escalation process.
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Your purchase and the problem
The Australian Consumer Law (ACL) gives you automatic consumer guarantees on most goods and services. Where a failure is MAJOR, you — not the business — choose between a refund and a replacement (ACL s 259, s 260). For a minor problem the business may instead repair it within a reasonable time. This letter states your position; you decide which remedy to ask for.
This letter will cite
Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Schedule 2) — consumer guarantees s 54–s 56, s 60–s 61; remedies s 259; major failure s 260.
If the business does not respond, escalate to your state/territory consumer protection agency and tribunal (e.g. NCAT, VCAT, QCAT) — designed for self-represented consumers.
State the facts plainly — when the problem appeared, what the fault is, and any contact you have already had with the business.