What rights do I have for defective electric vehicles in Australia?
You have strong consumer rights for defective electric vehicles (EVs) in Australia under the Australian Consumer Law (ACL). EVs must be of acceptable quality, fit for purpose, and match their description, entitling you to a repair, replacement, or refund for faults.
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How it works in practice
Consumer Guarantees for Electric Vehicles
In Australia, electric vehicles, like all other goods, are covered by the comprehensive consumer guarantees under the Australian Consumer Law (ACL). These guarantees automatically apply from the moment of purchase, regardless of any separate manufacturer's warranty. This means your EV must be of acceptable quality, fit for its intended purpose, match any description or demonstration model, and be free from defects.
Remedies for Defects
If your EV develops a fault, your rights depend on whether the problem is considered 'major' or 'minor'. For a minor problem, the business can choose to repair the vehicle, replace it, or offer a refund. However, if the problem is major (meaning it makes the vehicle unsafe, significantly different from its description, or unfit for its usual purpose), you have the right to choose your preferred remedy: a replacement, a full refund, or compensation for the diminished value of the vehicle. The business cannot simply insist on a repair if the fault is major.
Important exceptions
Your consumer rights do not cover defects or damage if you caused the problem through misuse or negligence. This also applies if you failed to follow the EV's instructions, made unauthorized modifications that led to the fault, or if the defect was pointed out to you before you bought the vehicle. Normal wear and tear is also not covered.
What you should do now
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Contact the seller or manufacturer immediately to report the defect and clearly state your preferred remedy.
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Document everything: keep detailed records of communication, dates, descriptions of the fault, and any associated costs.
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Provide evidence of the defect, such as photos, videos, diagnostic reports, or a professional assessment, if requested.
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If the seller or manufacturer does not resolve the issue, escalate your complaint to your state or territory consumer protection agency or the ACCC.
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Seek independent legal advice from a consumer lawyer if the dispute remains unresolved through official channels.
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