Australia

If I buy a faulty product from a retailer, can I demand a refund under Australian law?

Major failure
Grounds for refund
30 days
Typical timeframe for major failure claim
ACL s. 259
Key refund right
No receipt?
Still protected
The Short Answer

Yes, you can demand a refund if the product fails to meet Australian Consumer Law guarantees — especially if the failure is major.

What the Law Says

The Australian Consumer Law (ACL) gives you automatic consumer guarantees when you buy goods from a retailer — even if no warranty is offered. These guarantees apply regardless of store policies or disclaimers.

If a product is faulty, the ACL says it must be of acceptable quality, match its description, and be fit for purpose. When it fails one or more of these guarantees, you have rights — including the right to a refund.

A refund is mandatory if the failure is 'major'. A major failure occurs when the product is unsafe, significantly different from the description or sample, unfit for its common purpose and cannot easily be fixed, or costs too much to repair. You can also get a refund if the retailer fails to fix the problem within a reasonable time.

You don’t need a receipt to claim your rights — other proof of purchase (e.g., bank statement, email confirmation) is enough. The retailer cannot refuse your claim just because you didn’t keep the box or packaging.

Statutory Text

If a consumer guarantees is not complied with, the consumer is entitled to a remedy — which may include a refund — depending on whether the failure is major or minor.

Australian Consumer Law, s. 259 — Remedies for failure to comply with consumer guarantees
Statutory Text

A failure to comply with a guarantee is a major failure if… the goods would not have been acquired by a reasonable consumer fully aware of the nature and extent of the failure.

Australian Consumer Law, s. 260 — Meaning of major failure

What to Do

1

Contact the retailer immediately and explain the fault — ask for a refund under the Australian Consumer Law.

2

If they refuse, quote ACL sections 259 and 260 and provide evidence of purchase and the fault (e.g., photo, video).

3

Escalate to the state or territory consumer affairs agency (e.g., NSW Fair Trading, Consumer Affairs Victoria) if unresolved.

4

As a last resort, apply to the relevant state tribunal (e.g., NCAT, VCAT) — fees are low and legal representation is usually not needed.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.