Can I demand a replacement instead of a repair in Australia?
Yes, you can demand a replacement instead of a repair in Australia, but only if the product has a "major problem." If the issue is minor, the business has the legal right to choose whether they repair, replace, or refund the item.
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How it works in practice
Under the Australian Consumer Law (ACL), your right to choose between a repair, replacement, or refund depends entirely on whether the fault is classified as a major or minor problem.
Major Problems Give You the Choice
If a product has a major problem, you have the legal right to demand a replacement or a full refund. A major problem means the item is unsafe, significantly different from its description, or has a defect so severe that you would not have purchased it if you had known about it. In these cases, the business cannot force you to accept a repair.
Minor Problems Let the Business Decide
If the problem is minor and can be fixed easily within a reasonable time, the business gets to choose the remedy. They can decide to repair the item for free, give you a replacement, or offer a refund. You cannot legally demand a replacement if the business offers a free and timely repair for a minor fault.
Important exceptions
You are not entitled to a replacement, repair, or refund if you simply changed your mind, found the product cheaper elsewhere, or caused the fault yourself through misuse, abnormal use, or accidental damage.
Additionally, consumer guarantees might not apply if you purchased the product for a business purpose and it cost over $100,000 (unless it was a vehicle used for transporting goods). While second-hand goods are covered, the legal expectations for a fault are adjusted based on the item's age, price, and condition at the time of sale.
What you should do now
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Stop using the faulty product immediately to ensure you do not cause further damage or safety risks.
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Gather your proof of purchase, such as a store receipt, bank statement, or official tax invoice.
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Determine whether the fault is classified as a major or minor problem under the Australian Consumer Law.
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Contact the business where you purchased the item to explicitly explain the fault and request your preferred remedy.
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Escalate the dispute to your local state or territory consumer protection agency (like Fair Trading) if the business refuses to meet its legal obligations.
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