Last updated 2 October 2026 · Reviewed by the Claim Done team · Not legal advice

Consumer Rights in Australia — Know Your ACL Rights

The Australian Consumer Law (ACL) — contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) — gives consumers powerful protections when they buy goods and services. These rights apply in every Australian state and territory, in addition to any state-specific consumer protection legislation.

Key consumer guarantees under the ACL

For goods

• Acceptable quality (s54) — goods must be safe, durable, free from defects, and fit for all purposes for which that type of good is commonly supplied
• Fit for disclosed purpose (s55) — if you told the seller why you needed the goods, they must be fit for that purpose
• Matching description (s56) — goods must match any description applied to them
• Matching sample (s57) — goods must match any sample shown
• Repairs and spare parts (s58) — manufacturers must provide repairs and spare parts for a reasonable time
• Express warranties (s59) — must honour any express warranty given

For services

• Due care and skill (s60) — services must be performed with reasonable care and skill
• Fit for purpose (s61) — if you disclosed the purpose, services must achieve that result
• Reasonable time (s62) — if no time was specified, services must be supplied within a reasonable time

Your remedies when consumer guarantees are breached

The ACL provides for different remedies depending on the severity of the breach:

• Minor failures: seller can repair, replace, or refund (at their choice)
• Major failures: you can reject the goods and choose a refund or replacement — seller does not get to choose repair
• Consequential loss: you can also claim for any losses that a reasonable person would have foreseen as a result of the failure

What is a “major failure”?

A failure is major if: the goods would not have been bought if the buyer had known about the problem; the goods are substantially unfit for their purpose; or the goods are unsafe. Services have a parallel definition.

How to enforce your ACL rights

1. Raise it with the seller — cite the specific ACL provision and demand a remedy
2. Send a letter of demand — if the seller refuses, a formal letter citing s54 (or the relevant guarantee) and threatening a tribunal claim is the next step
3. File a tribunal claim — QCAT, VCAT, NCAT, ACAT or NTCAT depending on your state (the Magistrates Court in Western Australia, South Australia and Tasmania)
4. Report to ACCC or state fair trading office — for systemic issues or unconscionable conduct

Enforce your consumer rights — letter of demand

Consumer guarantees for goods

Under the ACL, goods must be: of acceptable quality (safe, durable, free from defects); fit for any disclosed purpose; matching their description; and sold with clear title.

Your remedies — major vs minor failure

Minor failure

The business can choose to repair, replace or refund, and must do so within a reasonable time.

Major failure

You can reject the goods entirely and demand a full refund, or keep the goods and claim compensation for the reduced value. Major failures include unsafe goods, goods substantially different from description, and goods that cannot be fixed within a reasonable time.

What businesses cannot legally do

• Tell you they do not offer refunds (unlawful — you always have statutory rights regardless of any sign or store policy)
• Require you to deal with the manufacturer rather than the retailer
• Limit your rights to just the warranty period
• Charge you for repair when a major failure has occurred

Enforcing your ACL rights

1. Send a formal letter of demand citing the specific ACL guarantee and your requested remedy (Claim Done: Consumer Guarantee Letter)
2. Escalate to your state tribunal if the business refuses or does not respond
3. Contact ACCC or state fair trading for serious or systemic issues

Enforce your ACL rights today — from $49