Know Your Rights: A Student’s Guide to Australian Consumer Law

3 Sept

Balancing study, work, and life can be challenging, and unexpected costs from faulty products or misleading advertising can add extra stress. The Australian Consumer Law (ACL), part of the Competition and Consumer Act 2010 (Cth), provides protections to ensure consumers are treated fairly. These laws are designed to prevent unfair business practices and guarantee that products and services meet basic standards.

Misleading and Deceptive Conduct – Section 18

Section 18 prohibits businesses from engaging in conduct that is misleading or deceptive. This includes:

Advertising: Promotions such as “50% off everything” that only apply to selected products.
Product descriptions: Items sold with incorrect specifications, like a phone advertised with more storage than it has.
Omissions: Excluding important details, such as a known product defect.

Consumer Guarantees – Sections 54–59

The ACL provides automatic guarantees for all goods and services. These include:

Section 54: Goods must be of acceptable quality.
Section 55: Goods must be fit for purpose.
Section 56: Goods must match their description.
Section 59: Express warranties made by the seller must be honoured.

Remedies for Faulty Goods – Sections 259–263

If goods or services fail to meet a guarantee, the ACL outlines remedies:

Major failure: A serious issue, such as a device that does not work at all. Consumers may seek a refund, replacement, or repair.
Minor failure: A smaller issue, such as a loose button, where repair must be offered first. If it cannot be fixed within a reasonable time, other remedies apply.