This year celebrates 15 years since new levels of consumer rights were forged across our nation, thanks to the introduction of the Australian Consumer Law (ACL) on 1 January 2011. Whether it’s getting a refund for a sub-par product or making sure a business delivers on its extra promises, knowing your rights can save you money.

Know your consumer guarantees

The ACL provides consumer guarantees that protect you from losing out.

  • A product or service must be of acceptable quality – such as a shirt shouldn’t easily come apart at its seams.
  • A product or service should be suitable for a particular purpose when you make the business aware of the purpose. For example, if you tell a homewares store you need a pan for a gas stove, any pan they recommend must be suitable for your stove.
  • A product should match its description – so if a website says a rug is 4 square metres in size, the product you receive should be that size.
  • The quality and features of a product should match those of any sample or demonstration models provided, unless specified by the supplier. This means a new car you purchase should have identical features to the demonstration model you were shown.
  • A business must meet any extra promises they make about a product, known as express warranties. If a business claims each shelf in a garage shelving unit can hold 50 kilograms, then each shelf must meet this claim.
  • A manufacturer or importer must be able to provide spare parts and repairs for a reasonable period post purchase. This means if you purchase a new oven and it breaks down 2 years later, parts needed for repairs should be available.
  • A service must be completed in reasonable time. For example, a landscaping project shouldn’t be left on hold for weeks without a reasonable explanation.

Keep in mind there are circumstances where your guarantees won’t apply at all or in full. For example, products bought in a private sale between two people, like a garage sale or Facebook Marketplace transaction, are not protected by most consumer guarantees. You should also be aware when purchasing from an overseas business that doesn’t offer products directly to Australian consumers. These purchases aren’t covered by the ACL, so issues will be harder to resolve.

A business can’t overrule your consumer rights

Bought a faulty product from a business with a ‘no refunds’ policy? Don’t worry, you’re still entitled to one. Businesses can’t enforce their own policies above your consumer rights. While most businesses do the right thing, be wary of the following tactics that might be used to mislead you:

  • Stating they don’t offer refunds under any circumstances, including displaying a ‘no refunds’ sign in-store.
  • Denying responsibility for a problem with a product or service.
  • Telling you that you need to extend your warranty by a certain date or your rights will be waived.

These examples don’t comply with the ACL. It’s important to advocate for your rights if you encounter one of these situations, so you don’t lose out.

How to use your rights

If you have a problem with a purchase, there are ways you can exercise your rights.

  1. Speak to the business

    Your first step should always be to talk directly to someone with authority in the business, such as a manager or customer service representative. Make sure you know your rights, so you can approach the business calmly and with confidence towards reaching the most appropriate solution for your situation. If there’s a manufacturing problem with your purchase, talk to the trader in the first instance. They should be able to deal with the manufacturer or supplier on your behalf.

  2. Make a written complaint

    If speaking to the business in person doesn’t work out, put your complaint in writing. Making a written complaint proves that you’re serious. Research online to find out the best way to contact the business, which might be filling out their online complaint form or sending an email. Tell them the problem and outline the outcome you’re requesting. Be sure to keep a copy of the complaint in case you need it for future dealings.

  3. Contact Consumer and Business Services

If you don’t reach a solution with these methods, Consumer and Business Services (CBS) can provide advice. Contact them on 131 882 or visit the Consumer complaints and advice webpage.

Be a savvy shopper

Knowing your rights can help you make good purchasing decisions. You can often avoid problems in the first place by doing some research to compare products and prices, as well as checking independent reviews about businesses and their products before you buy.

There is no better way to celebrate 15 years of the ACL than to make the most of what it provides you. If a product or service you purchase doesn’t meet your consumer guarantees, use your rights. Learn more about the 15th birthday of the Australian Consumer Law.