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When do they have to repair it?

21 quoted answers, each with its source

The short answer

For a minor problem, the business must repair the product for free and does not have to offer a replacement or refund, although it can choose to; for a major fault, the retailer must offer replacement, repair or refund and the consumer chooses the remedy. A business cannot tell a consumer to take the repair to the manufacturer or importer; it is generally the seller's responsibility to return products to the manufacturer for repair, and a consumer may be entitled to a remedy regardless of whether the product is under warranty. As of 1 July 2026, the Australian Consumer Law provides that a supplier required to remedy a failure may comply by repairing the goods or replacing them with goods of an identical type; as of 27 July 2026, businesses must give a written repair notice before repairing a product that can store user data, showing a sign or directing to a website is not enough, and the notice rules apply to products under $100,000 and to products over $100,000 normally bought for personal or household use. In practice, CHOICE found in 2023 that salespeople at 24 of 29 JB Hi-Fi stores and 18 of 26 Harvey Norman stores it called misrepresented consumer repair rights.

Every part of this comes from the quotes below. How we write these.

What the rules actually say12

Quoted straight from the ACCC, the Australian Consumer Law or a state consumer regulator.

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The ACCC states that businesses must give consumers a repair notice before repairing a product that can store user data.

first-party
1 quote from 1 source
Businesses must give consumers a repair notice before repairing a product that can store user data.
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The ACCC states that…

  • repair notices must be in writing.
  • showing the consumer a sign or directing the consumer to information on a website is not enough for a repair notice.
first-party
2 quotes from 1 source
Repair notices must be in writing.
It isn’t enough to show the consumer a sign or direct them to information on a website.
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The ACCC states that repair notice rules apply to…

  • all products under $100,000.
  • products over $100,000 that are normally bought for personal or household use.
first-party
3 quotes from 1 source
Repair notice rules apply to all products that are:
under $100,000
over $100,000 that are normally bought for personal or household use.
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The ACCC states that when a product or service has a minor problem, the business must fix the problem or repair the product for free.

first-party
1 quote from 1 source
When a product or service has a minor problem, the business must fix the problem or repair the product for free.
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Regarding repair, the ACCC states that a business…

  • does not have to offer a replacement or refund for a minor problem.
  • can choose to offer a replacement or refund for a minor problem.
first-party
1 quote from 1 source
The business does not have to offer a replacement or refund for a minor problem, although it can choose to do this.
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The Australian Consumer Law provides that a supplier required to remedy a failure to comply with a guarantee may comply by…

  • repairing the goods.
  • replacing the goods with goods of an identical type.
first-party
3 quotes from 1 source
the supplier may comply with the requirement:
if the failure does not relate to title—by repairing the goods; or
by replacing the goods with goods of an identical type; or
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Consumer Affairs Victoria states that it is generally the store or seller's responsibility to return products to the manufacturer for repair.

first-party
1 quote from 1 source
Generally, it is the store or seller's responsibility to return products to the manufacturer for repair. This may include products that are under warranty.
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Consumer Affairs Victoria states that a consumer may be entitled to a repair, replacement or refund for a defective product regardless of whether the product is still under warranty.

first-party
2 quotes from 1 source
If a product turns out to be defective, the consumer may be entitled to a repair, replacement or refund (depending on whether the problem is major or cannot be fixed).
This applies regardless of whether the product is still under warranty.

Measured finding3

Something someone actually measured, with the method attached.

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  • CHOICE called 29 JB Hi-Fi stores regarding repair.
  • CHOICE reported that salespeople in 24 of the 29 JB Hi-Fi stores it called regarding repair misrepresented consumer rights.
1 quote from 1 source
We found that salespeople in 24 of the 29 (83%) JB Hi-Fi stores we called misrepresented our consumer rights, telling us things like, “If it’s over two years, you have to pay for the repairs yourself.”

Practical effect1

What is observed to happen in practice, as distinct from what is documented.

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The ACCC's guide for businesses and legal practitioners records that the representations for which Hewlett-Packard was penalised included that consumers were required to have their product repaired multiple times before they were entitled to a replacement.

medium confidencefirst-party
2 quotes from 1 source
consumers were required to have their product repaired multiple times before they were entitled to a replacement
Legal reference: ACCC v Hewlett-Packard [2013] FCA 653

Disputed between sources3

Sources that do not agree, presented without picking a winner.

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On the matter of repair…

  • the ACCC states that a business does not have to offer a replacement or refund for a minor problem.
  • CHOICE states that for a major fault with a product a retailer must offer to replace, repair or refund.
medium confidencefirst-party
3 quotes from 2 sources
The business does not have to offer a replacement or refund for a minor problem, although it can choose to do this.
According to the ACL, a retailer must offer to replace, repair or refund your money in the case of a major fault with a product.
the retailer must offer to fix it, replace it or give you your money back – the choice of remedy is yours
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The ACCC states that a business must not tell consumers to take their repair to the manufacturer or importer.

medium confidencefirst-party
2 quotes from 2 sources
Businesses must not tell consumers to take the problem to the manufacturer or importer.
Some salespeople told us misleading things including, “After the manufacturer’s warranty there’s nothing we can do, it’s out of our hands.”

Often said, but we could not find it in the rules2

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

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JB Hi-Fi salespeople told CHOICE that if a product is over two years old the customer has to pay for the repairs themselves.

1 quote from 1 source
We found that salespeople in 24 of the 29 (83%) JB Hi-Fi stores we called misrepresented our consumer rights, telling us things like, “If it’s over two years, you have to pay for the repairs yourself.”
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Kmart's consumer guarantee returns policy states that if the failure is minor Kmart reserves its right to offer to repair only.

medium confidenceother
1 quote from 1 source
If the failure is minor, we reserve our right to offer to repair only.