Guidance for businesses on the meanings of 'safe' and 'durable' in the consumer guarantees in the Australian Consumer Law

The ACL provides consumers with a set of guarantees for the goods they buy, one of which is that they will be of ‘acceptable quality.’ Acceptable quality has a number of factors, including that the goods will be safe to use, and that they will be reasonably durable. The meaning of acceptable quality is considered by what a reasonable consumer fully acquainted with the goods would regard as acceptable.

These guidances will assist businesses when regarding whether a good is safe or durable by outlining the relevant elements to consider and providing examples of where goods may or may not be safe or durable.

The developing of guidance on the meanings of safe and reasonably durable was a recommendation of the 2017 ACL Review. While community stakeholders were generally supportive of the flexible nature of the consumer guarantees, a commonly raised issue was that consumers and businesses were at times uncertain as to when a good failed to be of acceptable quality under the ACL. CAANZ hopes that these guidances will assist the community in understanding their consumer guarantee rights.

  • Guidance on the consumer guarantee as to acceptable quality and ‘durability’ [PDF 275KB]
  • Guidance on the consumer guarantee as to acceptable quality and ‘safe’ [PDF 283KB]