Australian Consumer Rights Explained
ACL · Fair Trading · AFCA · TIO. What you're entitled to and how to use it.
⚖️ Australian Consumer Law (ACL)
The ACL gives every Australian consumer statutory guarantees that apply to all goods and services sold. These guarantees are not replaceable by store policies or manufacturer warranties. they exist regardless of what any retailer tells you.
The ACCC confirmed in January 2024: "Consumer guarantees don't have a specific expiry date." Your rights under the ACL are based on what a reasonable person would expect for the price paid. not a manufacturer's warranty period.
- Retailer responsibility: Under ACL s.259 and s.261, your consumer guarantee rights run against the retailer. not the manufacturer. A retailer cannot legally redirect you.
- Reasonable durability: A $1,400 drone, $550 watch or $2,000 laptop is expected to last significantly longer than 12 months under normal use.
- Major vs minor faults: A major fault entitles you to choose a refund or replacement. A minor fault requires repair within a reasonable time.
- No time limit: Consumer guarantees apply for however long is "reasonable" for the price and type of product.
📅 Outside Warranty. Your Rights Still Apply
The expiry of a manufacturer's voluntary warranty does not extinguish your ACL rights. When we build your complaint, we apply the ACL reasonable durability test. calculating what a reasonable consumer would expect based on price paid, product type and normal use.
- Warranty expired: ACL consumer guarantee rights remain
- The "reasonable period" depends on price. premium products get longer protection
- Retailers who say "warranty expired, nothing we can do" are legally incorrect
- Our First-Strike Email makes this argument clearly and formally
🏦 AFCA. Financial Services Disputes
AFCA (Australian Financial Complaints Authority) handles disputes with banks, insurers, super funds and credit providers. It is free for consumers, independent, and binding on financial services companies.
- Banking: overcharges, declined transactions, credit disputes, home loan issues
- Insurance: denied claims, unfair policy terms, delay in settlement
- Super: fee disputes, investment complaints, account issues
- Process: give the company 30 days to resolve, then lodge with AFCA
📱 TIO. Telco and Internet Disputes
TIO (Telecommunications Industry Ombudsman) handles disputes with phone, mobile and internet companies. Also free and binding on telcos.
- Billing disputes: overcharges, incorrect bills, fees for unused services
- Service failures: dropped service, speed failures, contract breaches
- Plan disputes: plan terms not delivered, unauthorised changes
- Process: give the telco a reasonable opportunity to resolve (usually 10 business days), then lodge with TIO
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