What Is the Australian Consumer Law?
The Australian Consumer Law (ACL) is a national law that applies uniformly across all states and territories. It is set out in Schedule 2 of the Competition and Consumer Act 2010 and is administered jointly by the Australian Competition and Consumer Commission (ACCC) and state and territory consumer protection agencies.
The ACL provides a consistent set of rights for consumers and obligations for businesses throughout Australia, regardless of where you shop.
Consumer Guarantees: Your Core Rights
When you purchase goods or services, the ACL automatically provides a set of consumer guarantees. These cannot be waived or excluded by a retailer, regardless of what any sign or contract says. Key guarantees include:
For Goods
- Acceptable quality – Goods must be safe, durable, free from defects, and acceptable in appearance and finish for the type of product.
- Fit for purpose – If you tell a seller what you intend to use a product for, it must be fit for that purpose.
- Match description – Goods must match any description applied to them (e.g., on a label or website).
- Match sample – If you bought based on a sample, the goods must match that sample.
- Spare parts and repairs – The manufacturer must take reasonable steps to make spare parts and repair facilities available for a reasonable period.
For Services
- Services must be provided with due care and skill.
- Materials used must be fit for purpose.
- Services must be completed within a reasonable time if no timeframe is specified.
Remedies: What You Are Entitled To
If a consumer guarantee is not met, your right to a remedy depends on whether the failure is major or minor.
| Type of Failure | Your Remedy Options |
|---|---|
| Minor failure (can be fixed) | Repair, replacement, or refund (business chooses remedy first) |
| Major failure (cannot be fixed, or significantly different from description) | You choose: reject and get a full refund, or reject and get an identical replacement, or keep and seek compensation |
What Businesses Cannot Do
Under the ACL, businesses are prohibited from:
- Displaying signs that say "No refunds" or "No exchanges" — these are misleading and illegal if they imply consumer guarantees don't apply
- Engaging in misleading or deceptive conduct
- Making false representations about products or services
- Using unconscionable conduct when dealing with consumers
- Imposing unfair contract terms in standard form consumer contracts
Warranties vs. Consumer Guarantees
It's important to understand the difference. A manufacturer's warranty is a voluntary promise from the maker or seller. Consumer guarantees under the ACL are separate and additional to any warranty — they cannot be excluded. Even after a warranty expires, you may still have rights under the ACL if the product fails prematurely given its expected lifespan.
How to Make a Complaint
- Contact the business directly – Explain the problem and the remedy you are seeking. Keep records of all communications.
- Contact your state consumer protection agency – e.g., NSW Fair Trading, Consumer Affairs Victoria, or the Department of Mines, Industry Regulation and Safety in WA.
- Lodge a complaint with the ACCC – The ACCC handles systemic issues and serious breaches. Visit accc.gov.au to report.
- Consider a tribunal – Each state has a civil and administrative tribunal (e.g., NCAT in NSW, VCAT in VIC) where you can seek a formal resolution order.
Where to Get Help
The ACCC website (accc.gov.au) has detailed guides on consumer rights. Your state or territory consumer affairs agency can also provide free advice and assistance in resolving disputes with businesses.