Who must comply with Honour consumer guarantees under the Australian Consumer Law?
The applicability test for Honour consumer guarantees under the Australian Consumer Law (ACCC), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Every business
Applies when the business has consumer customers or small business customers.
What the obligation is
Goods and services supplied to consumers come with automatic statutory guarantees that cannot be excluded.
Schedule 2 of the Competition and Consumer Act 2010 (the ACL) imposes statutory consumer guarantees on goods and services supplied to consumers (broadly: $100K threshold or for personal/domestic use). Remedies vary by major vs minor failure. Manufacturers face additional guarantees including spare parts and repair facilities for a reasonable time.
The applicability test
Applies when the business has consumer customers or small business customers.
How the regulator frames it: All businesses supplying goods or services to consumers in Australia.
What triggers it: Supplying goods or services to a consumer.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (35 of 35: yes).
The answer is the same in every industry: yes. Industry does not change who must comply.
Business structure and size
Structure does not change the answer across all industries: for every structure the answer is "yes".
Size does not change the answer across all industries: at every size band the answer is "yes".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. Sells to consumers.
What you must do, and when
- When due
- Ongoing.
- Frequency
- Ongoing
- Evidence to keep
- Refund/repair/replacement policy, staff training, complaint handling records.
- Status
- Current
- Priority
- High
Penalty for not complying
Maximum penalty: False representations about consumer rights — civil penalties up to $100M / 30% turnover (from 28 March 2026)
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
Enforcement examples
- ACCC v ASICS Oceania (consumer guarantees) (2024): Retail return policies must align to ACL consumer guarantees — 'no refund' or 30-day windows attract penalty.
- ACCC v Qantas Airways (ghost flights) (2024): Selling services after cancellation or removing them from systems is misleading conduct, even if briefly transitional.
- ACCC v Volkswagen Aktiengesellschaft (2019): Misleading-conduct exposure includes deliberate engineering choices that misrepresent product characteristics, even where buyers are unaffected day-to-day.
Where it sits in the corpus
Rules Mate tracks 7 published obligations tagged "consumer law", 2 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 2 of those apply outright. This obligation is rated high priority, and is an ongoing duty.
Regulator, legislation and tools
Regulated by Australian Competition and Consumer Commission.
ACCC: Competition and consumer regulator administering the Competition and Consumer Act 2010 and Australian Consumer Law, plus industry codes and infrastructure access regimes.
CCA: Australia's competition + consumer protection law.
Free tools that help with this obligation:
Questions
- Who must comply with Honour consumer guarantees under the Australian Consumer Law?
- Applies when the business has consumer customers or small business customers.
- Does Honour consumer guarantees under the Australian Consumer Law apply to sole traders?
- Yes. Across every industry and every size band, the engine's answer for a sole trader is: yes.
- Does Honour consumer guarantees under the Australian Consumer Law apply to businesses with 1–5 employees?
- Yes (1–5 employees, turnover $100K–$1M).
- When is "Honour consumer guarantees under the Australian Consumer Law" due?
- Ongoing.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.