When you buy goods or services in Australia, you’re automatically protected by consumer guarantees under the Australian Consumer Law. Our Civil Law team have put together a quick guide to your consumer guarantees.
What are consumer guarantees?
Consumer guarantees are automatic legal rights that apply when you buy goods or services from businesses in Australia. These guarantees ensure that products and services meet basic standards, such as being of acceptable quality, fit for the intended purpose, and matching their description or sample.
These rights are protected under the Australian Consumer Law (ACL), which is part of the Competition and Consumer Act 2010.
Are consumer guarantees the same as warranties?
No. Consumer guarantees are legal rights that apply automatically. Warranties are additional promises made by a seller or manufacturer. Even if a product is out of warranty, consumer guarantees may still apply.
Who do consumer guarantees apply to?
Consumer guarantees generally apply to:
- Consumers purchasing from Australian businesses
- Online purchases from Australian sellers
- Services from professionals (e.g. mechanics, hairdressers, real estate agents)
‘Buyer Beware’ – When would consumer guarantees not apply?
The ACL does not apply to private purchases, such as those made through social media, garage sales, or auctions.
In these situations, the buyer is responsible for undertaking checks and their own due diligence (that is, making careful inquiries and inspections) to ensure the product is of acceptable quality. For example, if buying a used phone at a garage sale, the buyer should test that it turns on, check for any damage, and ask about its history before purchasing.
What guarantees apply to goods?
Goods must:
- Be of acceptable quality
- Match their description or sample
- Be fit for the intended purpose
- Have clear title (no hidden debts or claims)
- Have spare parts and repair facilities available for a reasonable time
What guarantees apply to services?
Services must:
- Be provided with due care and skill
- Be fit for the intended purpose
- Be delivered within a reasonable time, if no time is agreed
What happens if a product or service fails to meet a guarantee?
Consumers may be entitled to a remedy, such as:
- Repair
- Replacement
- Refund
- Compensation for damages or loss
The remedy depends on whether the issue is minor or major. A major failure allows the consumer to reject the product or cancel the service.
What is a “major failure” under consumer guarantees?
A major failure occurs when:
- The product is unsafe
- It is significantly different from the description
- It doesn’t do what the consumer was told it would
- It can’t be easily fixed or would take too long
Do consumer guarantees apply to second-hand goods?
Usually, but the standard of acceptable quality may vary depending on the product’s age, price, and condition.
Are there time limits?
Yes – claims to NCAT relating to Australian Consumer Law must be brought within 3 years of the cause of action arising, and the goods or services must have been supplied within the last 10 years.
Where can I find further information?
Contact your local community legal centre for further advice.
Information accurate as of 15th August 2025. The information above is not legal advice. If you have a legal issue, please get specific legal advice.
