Australia

05 droits accordés

1. 01

   Consumer guarantee of acceptable quality

   Under the Australian Consumer Law (ACL, Schedule 2 of the Competition and Consumer Act 2010), goods sold to consumers must be of acceptable quality — fit for their ordinary purposes, free from defects, safe, durable and acceptable in appearance and finish — judged by what a reasonable consumer would expect given the price and how the goods were described.

   S'applique à smartphone, tablet, laptop, desktop-computer, tv, washing-machine, dishwasher, refrigerator, consumer-electronics, ev

   Australian Consumer Law, s. 54 — Competition and Consumer Act 2010 (Cth), Schedule 2
2. 02

   Right to refund, replacement or compensation for a major failure

   If a product fails to meet a consumer guarantee and the failure is 'major' (the consumer would not have bought it had they known, the goods are unsafe, or the failure cannot be fixed within a reasonable time), the consumer can choose between a refund, an identical replacement, or keeping the goods and claiming compensation. Independent repair is allowed; the supplier still owes the remedy.

   S'applique à smartphone, tablet, laptop, desktop-computer, tv, washing-machine, dishwasher, refrigerator, consumer-electronics, ev

   Australian Consumer Law, ss. 259-260 — Competition and Consumer Act 2010 (Cth), Schedule 2
3. 03

   Right to repair or replacement for a minor failure

   For non-major failures the supplier can choose the remedy — typically a free repair within a reasonable time. If the supplier refuses or takes too long, the consumer can have the goods repaired elsewhere and recover the cost, or treat the failure as major.

   S'applique à smartphone, tablet, laptop, desktop-computer, tv, washing-machine, dishwasher, refrigerator, consumer-electronics, ev

   Australian Consumer Law, s. 259(2) — Competition and Consumer Act 2010 (Cth), Schedule 2
4. 04

   Right to spare parts and repair facilities

   Manufacturers must take reasonable steps to ensure that spare parts and repair facilities are available for a reasonable period after sale, unless they gave the consumer written notice before purchase that this would not be the case.

   S'applique à smartphone, tablet, laptop, desktop-computer, tv, washing-machine, dishwasher, refrigerator, consumer-electronics, ev

   Australian Consumer Law, s. 58 — Competition and Consumer Act 2010 (Cth), Schedule 2
5. 05

   Right to motor-vehicle service and repair information (vehicles only)

   The Motor Vehicle Service and Repair Information Sharing Scheme requires car manufacturers to make service and repair information available to independent Australian repairers on fair commercial terms. Operating since 1 July 2022 and administered by the ACCC.

   S'applique à ev

   Competition and Consumer Amendment (Motor Vehicle Service and Repair Information Sharing Scheme) Act 2021

Actions consommateur

• Claim a remedy under the Australian Consumer Law

  1. 01Decide whether the failure is 'major' or 'minor'. Major failures let you choose refund/replacement; minor failures let the supplier choose the remedy.
  2. 02Contact the supplier (the retailer that sold you the goods) in writing, citing s. 259 of the Australian Consumer Law and your chosen remedy.
  3. 03If the supplier refuses or stalls, escalate to your state or territory Fair Trading office (NSW Fair Trading, Consumer Affairs Victoria, Queensland OFT, etc.).
  4. 04Keep proof of purchase, model/serial number, and dated correspondence — these are the evidence the regulator and a tribunal will look at.

• Request spare parts and repair facilities from the manufacturer

  1. 01Write to the Australian importer or manufacturer asking for the part or repair facility you need, citing the s. 58 guarantee.
  2. 02If they respond that they gave you 'written notice' parts would not be available, ask them to produce that notice — it must have been given before sale.
  3. 03If parts or repair are not 'reasonably available', that itself is a breach of the consumer guarantee — escalate to the supplier for a refund/replacement remedy.
  4. 04Report systemic refusals to the ACCC at accc.gov.au/contact-us.

• Take a dispute to a small-claims tribunal

  1. 01Find the right tribunal: NCAT (NSW), VCAT (Vic), QCAT (Qld), SACAT (SA), WA Magistrates Court Minor Claims, etc.
  2. 02File a claim citing the consumer guarantee that was breached and the remedy you want.
  3. 03Attach evidence: invoice, photos, repair quotes, and copies of all written communication with the supplier.
  4. 04Tribunal fees are low (typically AU$50-150) and lawyers are usually not allowed for low-value claims.