Consumer Affairs Australia New Zealand (CAANZ) are consulting on the meaning of ‘unsafe’ and ‘reasonable durability’ contained in the Australian Consumer Law (ACL) consumer guarantees. This follows a recommendation of the 2017 Final Report of the Review of the ACL – the review found that the lack of clarity of the meaning of ‘unsafe’ and ‘reasonably’ durable impacts the ability of consumers to exercise their rights.
The consumer guarantees are a set of rights that apply to goods and services. One of the guarantees is that goods will be of an ‘acceptable quality’.
One aspect of this guarantee is that goods will be as durable as a reasonable consumer would regard as acceptable. The draft guidance sets out factors affecting how long a good can reasonably be expected to last after purchase.
Another aspect of the guarantee is that goods are as safe as a reasonable consumer would regard as acceptable. The draft guidance sets out factors affecting the safety of goods.
CAANZ is seeking feedback on the draft guidance material by 15 February 2019. Further information, including copies of the draft guidance, can be found here.