Consumer law

What​​​ does ​the​ Au​stralian Con​​sumer L​​aw cover?

The Australian Consumer Law (ACL) gives consumers certain protections when they ​buy goods or services from businesses in Australia, such as:

• protections from people saying things about goods or services that are not true
  
• consumer guarantees, about the fitness and quality of goods or services, and what can’t be excluded.
  

​​Am​ I a c​onsumer?

Under the Australian Consumer Law (ACL) you are a consumer if:

• you buy goods or services and the cost of the goods or services less than $100,000 
  
• the goods or services are of a kind generally purchased for personal, domestic or household use or consumption
  
• purchase a vehicle or trailer to be used on public roads.
  

However, you may not be a consumer under the ACL if you purchase goods (whatever the price) to re-supply them, use them or transform them for a business purpose such as manufacturing or production, or for repairing or treating other goods.

What are consumer guarantees?

Under the Australian Consumer Law (ACL), there are consumer guarantees that apply to most goods (products) or services purchased by consumers from 1 January 2011.

A guarantee is a legally binding promise about goods or services. Some guarantees are voluntarily given by the suppliers of goods or services, other guarantees are provided by law.

For more information, see Consumer guarantees on the NSW Fair T​rading website.

What consumer guarantees apply to the purchase of goods?

The consumer guarantees that apply to products include guarantees that:

• the supplier has the legal right to sell the product to you and that you get legal possession and ownership of the product when it is delivered
  
• the product is of acceptable quality​, for example, it is safe and durable, can do what it is meant to do and does not have defects or faults
  
• the product matches the description on the label or in any advertising, or the description provided by a salesperson
  
• the product is fit for its purpose, for example, it must meet the purpose you told the salesperson you wanted it for
  
• the product meets any special conditions promised about performance or quality, for example, life time guarantees. 
  

A consumer, supplier or manufacturer can't opt out, exclude (deny) or limit the consumer guarantees even if you sign or are given terms and conditions (a contract) that gives you less rights.

For more information, see Consumer guarantees on the NSW Fair T​rading website.

What consume​r guarantees ​​ap​ply to services?

The consumer guarantees that apply to services include guarantees that services must be:

• provided with acceptable care and skill or technical knowledge, to avoid loss and damage
  
• fit for the purpose, or to achieve what you and the business agreed to
  
• delivered within a reasonable timeframe, when there is no agreed end date.​
  

For more information, see Consumer guarantees on the NSW Fair T​rading website.

What is acce​​ptable​​ ​q​​​​​uality​?

What is acceptable quality may depend on a number of factors, such as:

• the nature of the goods
  
• the price paid
  
• statements made about the goods on packaging, labels or in advertising
  
• verbal statements made by salespeople when selling you the products.
  

Can a seller or m​​anufacturer​​ exclude the consumer guarantees?

​A seller, supplier or manufacturer can't opt out, exclude, deny or limit the consumer guarantees set by legislation, even if you sign a contract or are given terms and conditions that give you less rights.​​

What are express​​ w​arranties?

Express warranties are promises that suppliers or manufacturers make about goods or services.

Express warranties can only add to your rights under the Australian Consumer Law (ACL). They can't take your rights away or replace them so that you are worse off.

Can NSW Fair Trading h​elp ​​me?

You can make a complaint ​​​to NSW Fair Trading about a supplier or service provider providing goods and services in NSW.

NSW Fair Trading may investigate your complaint, contact the supplier or manufacturer, or consider arranging informal mediation.

NSW Fair Trading can sometimes investigate problems where there has been a breach of a law, but it generally can't force suppliers or service providers to attend mediation.

For more information about complaints, see General complaint handling on the NSW Fair Trading website.​​

In some situations, if you are not able to resolve your matter with a supplier through mediation you may apply to NSW Fair Trading for a consumer guarantee direction.

What is a consumer guarantee direction?

NSW Fair Trading can issue a consumer guarantee direction about some consumer complaints lodged with NSW Fair Trading. A direction may order a supplier to repair, replace or refund a product to you.

You may apply for a consumer guarantee direction if:

• your consumer complaint relates to a product, not a service
• the price of the product is between $25.00 and $3,000 (excluding GST)
  
• you and the supplier are both based in NSW, except if the complaint is against a corporation as they only need to have a presence in Australia
  
• you made a complaint within 6 months of purchasing the product
  
• you made a complaint to NSW Fair Trading and mediation didn't work
  
• the complaint is about specific consumer guarantees; whether the product is of acceptable quality, fit for purpose, or matches the description, sample or model.
  

For more information, see the factsheet Consumer guarantee directions on the NSW Fair Trading website.

I am unhappy with the consumer guarantee direction issued by NSW Fair Trading. What can I do?

If the consumer or business (supplier) is unhappy, they can apply to the NSW Civil and Administrative Tribunal (NCAT) for a re-determination.

This application to NCAT stops the operation of the consumer guarantee direction until the matter is finalised.

You must apply to NCAT within 28 days of when the supplier was notified of the consumer guarantee direction. 

For more information on re-determinations, see Consumer guarantee directions on the NCAT website. 

What can I do if the supplier does not follow the direction within the notice period?

You can register the direction in a Local Court as a judgment debt against the supplier.  

For information about registering the direction, see Step by step guide - Enforcing NCAT orders on the My problem is about section of our website.

After the direction has been filed in the Local Court, you can apply to have the judgment debt enforced against the supplier.

For information about enforcement action, see Enforcement on the My problem is about section of our website.

Can I make a ​complaint​​ to the Australian Competition & Consumer Commission?

The Australian Competition & Consumer Commission (ACCC) does not resolve​ individual complaints about goods or services. You usually have to make this type of complaint to your State or Territory consumer protection body, such as NSW Fair Trading.

However, the ACCC can:

• provide information about how to best make your complaint
• take your complaint to see how they can protect consumers generally
• accept designated complaints from designated consumer complaint bodies.

If you need help writing a letter, see the Complaint letter tool on the ACCC website.

Is there an indu​​stry ombudsman​​ ​that can help me?

Some ​​industries have a national ombudsman that you may be able to contact to help you resolve the dispute. Other industries have an ombudsman in each State or Territory.

​​An industry ombudsman may be able to help you negotiate with the supplier to try and reach a resolution.​​

For more information, see Where to go for consumer help on the Australian Competition & Consumer Commission website.

A designated complainant can also make a complaint regarding systemic market issue affecting consumers or small business in Australia, or complaints relate to a breach of the Competition and Consumer Act. 

For more information Designated complaints on the Australian Competition and Consumer Commission website.

What is the designated complaint scheme?

From 1 July 2024 the designated complaints process allows specific organisations to make designated complaints to the Australian Competition and Consumer Commission (ACCC).

The designated complaints must relate to:

• systemic market issue affecting consumers or small business in Australia, or
• a breach of the Competition and Consumer Act.

Once a complaint is lodged, the ACCC will need to respond within 90 days, and if action needs to be taken, it will be required to commence any action within six months. 

The ACCC doesn’t have to do anything about a complaint if it might limit their own work. They also don’t have to publish a response if it would harm an ongoing, confidential investigation that has not been made public, or if it would contravene a law or court order.

Only certain consumer and small business organisations approved by the Minister can make a designated complaint to the ACCC.

For more information, see Designated complaints on the ACCC’s website.

Who are the designated complainants?

At the moment, there is limit of three designated complainants that can approved at any one time, and each designated complainant can only make one designated complaint per year.  

Organisations wanting to be approved as a designated complainant can apply every three years during a period that lasts three weeks. The ACCC decides who gets approved by considering:

• the applicant’s ability to make high quality designated complaints
• any conflicts of interest with its commercial activities
• the applicant’s willingness to cooperate with the ACCC
• whether the applicant has previously been a designated complainant (including their previous conduct in doing so)
• whether the applicant has an ongoing relationship with consumers or small businesses through regular contact and communication, and
• the applicant’s access to, or ability to obtain, timely, high quality and relevant data about consumer and small business issues.

Currently, the Consumer Action Law Centre, the Australian Consumers’ Association, and the Council of Small Business Organisations Australia have been approved as designated complainants.

For more information see Designated complaints on the Treasury website.

​Can I start​​ a case in th​​e N​SW​ Civil and Administrative Tribunal?

You can start a case in the​ Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT) if you have a problem with goods (products) or services provided (or supposed to be provided) to you by a business and:

• the goods or services were supplied in New South Wales
  
• there was an agreement that goods or services would be supplied in New South Wales
  
• the agreement to supply goods and services was made in New South Wales.
  

You can apply to NCAT within three years from when the cause of action occurred. The cause of action is the event that you are complaining about. It may happen when the goods or services were supplied or meant to be supplied, or it might be later when you found out about a problem with the goods or services. 

You must also apply within 10 years of the goods and services being supplied.

These time limits apply together and you have to be within both time limits to apply to NCAT, for example, if it is more than three years since the cause of action you will not be able to apply to NCAT, even if it is less than 10 years since the goods or services were supplied.

How do I start a case ​in the NSW ​​Civil and Administrative Tribunal?

If you can't resolve the dispute​ with the service provider, supplier or manufacturer you can apply to the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT). The form you use to apply to NCAT may depend on what type of case you have. 

You can apply:

• using NCAT Online Services, or
  
• by completing the Consumer application about goods and services form and lodging it at any NCAT Registry.

For information on how to apply, see Consumer claims on the NCAT website.

How do I register to NCAT Online Services?

To make an application online using NCAT Online Services, you will need to set up an account and register your details.  You will also need the details of the registered name of the business or company and specify the order you are seeking from the Tribunal. 

For more information, see NCAT Online Services Help on the NCAT website. 

What deta​ils do I need t​o include​​​ in the application form?

To fill out​​​ the Consumer claim application about goods and services form:

• tick the box that best describes the goods or services that relate to your application
• describe the problem with the goods or services
• state where you purchased the goods
• provide your name and contact details
  
• provide the other party's name and contact details (this might be the seller or manufacturer's details depending on who your complaint is against)
  
• state the orders you want the NSW Civil and Administrative Tribunal (NCAT) to make (a list of the types of orders the tribunal can make are usually included on the application form)
  
• state the reasons why you want the tribunal to make those orders.
  

The other party may be a sole trader, partnership or company. When filling out your application form it is important to include the correct name of the other party that you have a dispute with.

If you have a dispute with more than one person or business, you can include more than one other party on the application form.

If you are applying against a business of company, NCAT will ask you to attach a copy of a business name or company extract from ASIC. To find out how to do this, see Applications about a business or company on the NCAT website.  

Should I make a claim to the NSW Civil and Administrative Tribunal or the Local Court?​

The NSW Civil and Administrative Tribunal (NCAT) is an​ accessible and low-cost option to resolve certain types of consumer disputes. Whether you make a claim to NCAT or the Local Court will depend on:

• ​what laws apply to your situation
  
• whether you bought the goods or services from an individual who was not selling them as a business
  
• whether you bought the goods or services on behalf of your business or company
  
• what the problem is, for example, was the issue about the quality of goods or services or is it about the bill not being paid, what you are claiming and how much your claim is for.

NCAT can't determine matters where there is a federal jurisdiction problem, for example, where there are residents of different States. For more information, see the following FAQs:

• I have been told there is a federal jurisdiction problem in my application. What is a federal jurisdiction problem?
• The NSW Civil and Administrative Tribunal could not hear my matter because of a federal jurisdiction problem. How do I apply to the Local Court?
  

For further information, see Federal jurisdiction on the NCAT website.

Can I continue to negotiate with the business after I start a claim in NCAT?

When you start a claim in the NSW Civil and Administrative Tribunal (NCAT), you can try to resolve your dispute with the business at any time. You can continue to negotiate with the business up until the hearing.

NCAT asks parties to try conciliation before the hearing. Conciliation is a chance for you and the other party to informally discuss the case and try to come to an agreement before the hearing. NCAT may provide a Conciliator to help you negotiate. If you reach an agreement, you can ask NCAT to make the agreement into an order.

For more information, see Conciliation on the NCAT website.

Can I make a consumer claim to​​ the NSW Civil and Administrative Tribunal if I have a dispute with my lawyer about costs?

You can't make a​ consumer claim to the NSW Civil and Administrative Tribunal (NCAT) if you are disputing your lawyer's costs, but you can make an application under the Costs Assessment Scheme.

For more information, see Dealing with my lawyer on the My problem is about section of our website.

If, however, the dispute with your lawyer is not about costs, but is about the service they provided, you may have grounds to make a consumer claim to NCAT. ​​

Can a​​​ matter be heard in the NSW Civil and Administrative Tribunal if it is ​already being heard in the Local Court?

If legal action has started​ in the Local Court, the same matter can only be heard at the NSW Civil and Administrative Tribunal (NCAT) if the Local Court transfers the case to it. The Local Court will generally only transfer the case to NCAT if both parties agree for it to be transferred or:

• a party asks for the case to be moved there, and
  
• NCAT is the best place for the case to be decided (which is usually the case for home building disputes as NCAT has specific jurisdiction to deal with these types of cases).
  

Similarly, if an application has been made to NCAT, a claim for the same thing can't be made to the Local Court.

Can I ask the NSW Civil and Administrative Tribunal for a hearing by telephone or video?

Yes, you can attend by telephone or video, if you get permission from the NSW Civil and Administrative Tribunal (NCAT). 

If you want to attend a hearing by telephone or video, you can:

• ask the Tribunal member during the initial hearing, or
  
• complete the request form as soon as possible.

You will need to tell NCAT the reasons for your application and can attach any documents that support your argument.

It will be up to NCAT to decide whether to it is appropriate for you to appear by telephone or video. NCAT will consider:

• the type of proceeding
• the nature and complexity of your case
• the views of the other parties
• your reasons for the request, and
• whether any party might suffer a disadvantage.

For more information, and for a copy of the application form, see Attending a hearing by telephone or video on the NCAT website.

If your application is approved, NCAT will send you information about how to join the hearing. If your application is not approved, you should attend the hearing in person.

What can I do if I missed my NSW Civil and Administrative Tribunal hearing date and my matter was dismissed?

If you were the party that applied to the NSW Civil and Administrative Tribunal (NCAT) and your matter was dismissed because you didn't go to the hearing, you may be able to make a reinstatement application if you have a reasonable excuse, for example, you were in hospital or you didn’t receive the notice telling you when you had to attend. 

You will need to complete an Application to reinstate proceedings. For a copy of the application, see Forms on the NCAT website. 

You must attach any documents that support your explanation, such as:

• medical certificates
  
• travel documents
  
• emails or other communications.
  

You must lodge your application with NCAT within seven days from the date the decision to dismiss the proceedings. This time frame may only be extended in special circumstances.

You will need to pay a further application fee.

What if I am​ unhappy with the order made by the NSW Civil and Administrative Tribunal?​

If you are​​​ unhappy with the decision or order made by the NSW Civil and Administrative Tribunal (NCAT) you may be able to:

• apply to have the order set aside or varied if you were absent, for example, if you missed the tribunal date because you were in hospital, or if you didn't receive the notice telling you when you had to attend. You have seven days from the date of the decision to make this type of application, although the tribunal may grant an extension on this time limit in certain circumstances. You also need to pay a fee to make this type of application. 
• appeal to the NCAT Appeal Panel. You may need to seek leave (permission) to do this. An appeal may be an option if you have suffered a substantial miscarriage of justice because the decision was not fair or equitable, or the decision was against the weight of evidence, or new evidence has arisen which couldn't reasonably be put to the tribunal at the time of the hearing. You have 28 days from the date you were notified of the decision or you were given reasons for the decision, orally or verbally (whichever comes later), to apply for an internal appeal.

You may seek leave (permission) to appeal the decision of the Appeal Panel to the Supreme Court of New South Wales on a point of law. You should get advice from a private lawyer before appealing to the Supreme Court.

You have 28 days to appeal the decision of the Supreme Court of New South Wales.

​​Before filing an internal appeal to NCAT or before appealing to the Supreme Court of New South Wales, ​​you should get legal advice from a private lawyer. Legal Aid can't give advice on the merits of your appeal.

How do I enforce NSW Civil and Administrative Tribunal orders, if they have not been complied with?

If someone has not complied with the orders made by the NSW Civil and Administrative Tribunal (NCAT), you may have options to enforce it, depending on the type of orders that were made.

Orders to take action - If NCAT has ordered that the other party do certain things, such as arrange to pick up a faulty product by a certain date and this has not been done, you can ask NCAT to renew the case. This means that the matter goes back for further hearing at NCAT. NCAT could then make new orders. You can ask for your case to be renewed within the time specified in the orders. If no timeframe was specified, then you can make the application within 12 months of the date the work was meant to be completed. There is a fee to renew the proceedings.

Orders to pay money - If NCAT has made an order that the other party pay you a specific amount of money, and they have not paid the amount as ordered, it is possible to try and recover the money you are owed by taking enforcement action in the Local Court. You will need to get a certificate from NCAT certifying the amount the other party has been ordered to pay you. Once you have the certificate from NCAT, you can register it with the Local Court, and it will have the same effect as a judgment of the Local Court. For more information, see Enforcing NCAT orders on the NCAT website. 

How can I find out if someone is bankrupt?

If you are owed money, you may want to find out if the person who owes you money is bankrupt. This information may help you decide whether to take further action.

To do this, you can perform a search using the Bankruptcy Register Search (BRS) on the Australian Financial Security Authority (AFSA) website.

You will have to pay a fee.

How can I find out if a company is in liquidation?

If you are owed money, you may want to find out if the company owing you money is in liquidation. This information may help you decide whether to take further action.

To perform a search, see Published notices on the Australian Securities & Investments Commission website. This allows you to search by company name or Australian Company Number. 

There are no fees.

How do I apply for an adjournment?

If you want to change the date of the hearing, you should inform the other party in writing and ask them if they agree. You will need to complete the Adjournment request form or send a request in writing explaining your reasons for an adjournment. You should include supporting documents with your request. 

It is up to NCAT to accept or refuse the adjournment.

For more information, see Adjournments on the NCAT website.

What costs can I ask for at the NSW Civil and Administrative Tribunal?

In most cases, each party will pay their own costs and even if you win your case, you are not automatically entitled to be reimbursed for these costs. 

In limited circumstances you can ask for an order that the other party (or another person connected with the case) pay your costs.

There has to be a good reason for the NSW Civil and Administrative Tribunal (NCAT) to make the order, for example, because the other party ran their case in a way that unnecessarily disadvantaged you. 

Costs that you can ask for are:

• fees charged by your lawyer or professional agent for running the case
• disbursements, which are extra out-of-pocket expenses including filing fees, witness expenses and photocopying charges.

You can’t ask for another party to pay:

• your own travelling costs
• for your own time spent preparing or running your case, or 
• for your lost earnings.

For more information, see the Consumer and Commercial Division Costs Guideline on the NCAT website.

I have been told that there is a federal jurisdiction problem in my application. What is a federal jurisdiction problem?

The federal jurisdiction problem is when the NSW Civil and Administrative Tribunal (NCAT) does not have the power to make a decision about your matter.

For example, this may be when:

• the application involves people living in different States
• a part of the application may relate to the Commonwealth or Commonwealth laws.
  

If there is a federal jurisdiction problem, NCAT will give you a letter explaining that you can apply to the Local Court.

For more information, see Federal jurisdiction on the NCAT website.

The NSW Civil and Administrative Tribunal could not hear my matter because of a federal jurisdiction problem. How do I apply to the Local Court?

To apply to the Local Court you will need to file:

• a Summons form
• a supporting affidavit
• a copy of the NCAT application
• a copy of the NCAT letter.

There is no filing fee, unless you have made a lot of changes to your original application.

If you want help applying to the Local Court, you should get legal advice. 

What can I do if I have a dispute about ​a product (including a car) or service that I bought online or in an online auction?

The options available to you depend on whether you purchased the online goods (products) or services from:

• a private seller
• a business.​

What can I do if I bought a product (including a car) or service​ from a private seller online or in an online auction?

If you buy goods (products) or services from a private seller, either online or in an online auction (privately run), you don't have the protections of the Australian Consumer Law and your position is generally the same as if you had bought the goods (products) or services from a private seller in any other way, for example, if you had bought the goods (products) in person.​​

You may use the policies or dispute resolution (negotiation) procedures in the online site, such as eBay or GraysOnline, to assist you in dealing with the seller.

If you purchased the goods (products) using a service such as PayPal, you may be able to lodge a dispute with the service to help you recover the purchase price or reach an agreement with the seller through any dispute resolution procedures provided by the service.

For more information about resolving a dispute between you and a private seller, see Resolving your dispute on the My problem is about section of our website.

What can I do if I bought a p​roduct (including a car) or service​​ from a business online or in an online auction?

If you bought goods (products) or services from an Australian business online, you generally have the same protections as if you bought the goods (products) or services in store.

The Australian Consumer Law (ACL) applies to the sale.

You can make a consumer claim if you are unhappy with the goods (products) or services provided.

If you purchased goods (products) or services from an Australian business in an online auction, you may have the same protections as if you bought the goods (products) or services in store, depending on the terms of purchase. For example, if you purchased a car in an online auction from a dealership, the ACL may apply. However,  if the dealership sold the item to you on behalf of someone else you may have limited protection from the ACL.

If you purchased goods (products) or services online from an international business, the ACL may not apply.

In addition to your normal rights as a consumer, you can sometimes use the policies or dispute resolution (negotiation) procedures in the online site, such as eBay or GraysOnline, to assist you in dealing with the seller.

If you purchased the goods (products) using a service such as PayPal or eBay, you may be able to lodge a dispute with the service to help you recover the purchase price or reach an agreement with the seller through any dispute resolution procedures provided by the service.

For more information, see Ways to shop on the NSW Fair Trading website. 

What can I do if ​I have a problem with ​​a car I bought from a licensed dealer? 

If you have purchased a car from a dealer and you have a problem with the car, you may have options under the Australian Consumer Law (ACL) or the Motor Dealers and Repairers Act 2013 (NSW). 

You can:

• contact the dealer to try to resolve the dispute - it is a good idea to keep records of your conversations or attempts to resolve the dispute
• contact NSW Fair Trading
• consider legal action, such as applying to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court.​

For more information, see Warranties on the NSW Fair Trading website.

There are time limits to start a claim in NCAT or the Local Court.

Can I pull out of the contract to buy​​ a car if a cooling off period applies?

If you buy a new or second hand motor vehicle through a linked credit arrangement (that is, finance to buy the motor vehicle is provided by or arranged through the motor dealer) a cooling-off period applies (unless you agree to waive it in the contract).

The cooling off period is up until 5pm on the next business day, or up until the close of business on the following day if they close earlier than 5pm.

If you came to an agreement with the dealer about an extended cooling-off period, this will be stated in your contract.

If you change your mind about purchasing the car and you have not waived the cooling off period, you can change your mind by giving a signed written notice to the dealer within the cooling off period. You will be entitled to get your deposit back, however the dealer can keep $250 or 2% of the purchase price (the lesser amount).     

What if there is no cooling off period? Can I pull out of the contract?

You should get legal advice if you want to pull out of the contract and there is no cooling off period, or if the cooling off period has expired. You may lose your deposit or be sued for damages, but it can depend upon the terms of the contract and the circumstances of each case, for example, whether the dealer has started work on the car under the contract.         

Can I get my hold​ing ​​deposit back if I pull out of the contract?

A holding deposit is an amount of money you pay to make sure the dealer doesn't sell the car to someone else while you are making up your mind. Normally a holding deposit is not refundable. If you are buying a car with finance, it is a good idea to make sure the written sale contract states that the purchase is conditional upon you obtaining finance. If you do this, it may be possible to cancel the contract and get your deposit back if you are unable to obtain finance after making reasonable attempts.​

For more information, see Finance and contracts on the NSW Fair Trading website. 

What if I bought​ a car subject to​​​​​ finance, but the finance did not get approved?

If you buy a new or second hand motor vehicle through a linked credit arrangement (that is, finance to buy the motor vehicle is provided by or arranged through the motor dealer) a cooling-off period applies unless you have agreed to waive it in the contract.

A cooling off period allows you to pull out of the contract to purchase the car, but only if you notify the dealer in writing before the cooling off period expires.

You may also have other options to cancel the contract if the finance was covered by the national credit laws, but you will need legal advice about this.

What i​​s a private​​ sale?

A private sale is when you buy goods or services from someone who is not supplying them as part of a business, for example, if you buy a second hand car from a person selling their own car.

It may be a private sale if you buy something from a person who sells things as a hobby, for example, if you buy some plants from a person who has a garden mainly for recreational use.

If someone is providing services, they may need to be licensed, depending on the type of services they provide. You can check whether the work you want done needs a licence by contacting NSW Fair Trading. You can also check whether a tradesperson has a licence at NSW Fair Trading. A person who has a licence to provide services is usually providing them as part of business.

For more information, see Verify.licence on the Service NSW website.

How can I check if something ​I am buying is under finance?

If you are buying personal property, such as a car or boat, and you want to check whether there is money still owing on it under a finance arrangement, you can do a search on the Personal Property Securities Register (PPSR). You should do this check regardless of whether you are buying something from a business or individual.

The PPSR is a register of security interests in personal property. A security interest is when a person or business has an interest in personal property secured by a loan or legal contract. Common examples include a secured car loan where the bank registers an interest in the car until the individual pays the loan off.

For more information about the details you need for a search, how to do the search and the fee required, see Do a used car or vehicle search on the Australian Financial Security Authority website. 

If you do a search on the PPSR you can get a search certificate. A certificate will show whether there is any interest in the property. It is best to get a certificate if you are buying valuable personal property, such as a vehicle. This can help to protect your legal title in the property if there is no other security interest registered.

What if I have a dispute about goods or services I bought from a private seller?

If you purchased goods or services from a private seller you generally will not be able to take your case to the NSW Civil and Administrative Tribunal. This is because the consumer laws generally only apply to businesses, not to individual sellers.

If you purchased goods or services in a private sale, you can't use consumer guarantees under the Australian Consumer Law, but you may still be able to start a case in the Local Court to get back what you are owed. You may have other protections. For example, a person may be responsible for some things they promise when selling you the goods or services. You should get legal advice in this situation.

If you purchased goods from a private seller you can:

• contact them to discuss the problem
  
• try mediation with Community Justice Centres
  
• start court action.

For more information, see the Creditor (when you are owed money) topic.         

It is best to try to resolve the matter outside of Court as court proceedings can be expensive and time consuming. You should communicate with the seller in writing or keep notes of the time and date you spoke to the seller as this may be helpful if you need to start legal action later on.

 If you start a claim in the Local Court and you are unsuccessful, you may have to pay the other person's court fees and legal costs.​

What are my options if I have a dispute about a private car sale?

The guarantees in the ACL don't generally apply to a private car sale, for example, a person selling a car to another person.

You can:

• negotiate with the other person, or 
• try mediation, if you need help resolving the dispute. 

It is a good idea to keep notes about conversations you have. You should also keep other evidence about the problem, for example, a copy of the sale ad, email or text messages between you and the seller, and photos of the vehicle.

If you are unable to resolve your dispute through negotiations and mediation, you may be able to start a case in the Local Court. 

Who gets to keep the deposit if a private sale doesn't proceed?

Whether you can get your deposit back depends on the verbal or written agreement you and the seller made. You should get legal advice if you believe you have good reasons to pull out of the deal. If you do so without getting legal advice you risk losing your deposit and being sued by the seller for damages.

Is a holding deposit refundable?

A holding deposit is an amount of money you pay to make sure the seller doesn't sell the goods to someone else while you are making up your mind. Normally a holding deposit is not refundable.

​What can I do if the car​ I​​ bought in a private sale has finance owing on it?

If you bought a car privately and the previous owner owed money on the car to a finance company, the finance company may have the power to repossess the car from you in order to get their money back.

You can negotiate with the finance company to pay the money owing so you can keep the car.

For more information, see Repossession- car and goods on the Financial Rights Legal Centre website. 

What if a seller has tampered with the odometer?

It is a criminal offence to tamper with an odometer.

If you have already purchased a vehicle and you suspect the odometer has been tampered with, you can make a report to NSW Fair Trading. The odometer may have been tampered with by the seller, or by a repairer.

For more information, see Report suspected odometer tampering on the Service NSW website.

NSW Fair Trading can issue fines and penalty notices or take disciplinary action against registered vehicle sellers who wind an odometer back.

NSW Police may be able to lay fraud charges against a private seller or unregistered repairer. If the seller is convicted of odometer tampering, you may be able to ask the court to make an order for compensation of the difference between the sale price and the fair price. 

Before you buy a vehicle, you should:  

• have the vehicle inspected by a licensed repairer 
• conduct a Personal Property Securities Register check (PPSR), and
• purchase a full vehicle history check from Service NSW which will include the past three odometer readings.

How can I change regis​tration​ details for a car I have sold?

When you sell a car it is important that you notify Transport for NSW of the change of ownership immediately. You can Submit a notice of disposal for a vehicle on the Service NSW website or in person at a Service NSW location. 

If you have an E-Tag you should also update your number plate details with your tag provider.

What if I get a fine for ​a car I have sold?

If you receive a traffic fine for a car you sold before you were able to submit a notice of disposal, you will need to nominate the driver responsible by notifying Revenue NSW. You will need to provide full details of the person who you sold the car to, and evidence of the sale.

If you don't have all of the details of the other driver, you should get legal advice. 

You should take action on the fine before the due date.

For more information about dealing with the fine, see the Fines topic.

You should also urgently take steps to ensure that the registration of the car is transferred to the new owner.

What if the car I sold ​has defects and the buyer wants their money back?

There are usually no automatic warranties to fix defects for cars that are sold privately. The principle buyer beware applies. 

If you made certain promises about the condition of the car, the buyer may still be able start a claim in the Local Court to recover their money.

What is short-term rental accommodation?

In NSW, short-term rental accommodation refers to a commercial arrangement where you rent the whole or part of a private property from the owner, including through a booking platform such as Airbnb or Stayz, for less than three months. 

It generally involves residential properties that may also be used by the owner for their own accommodation. Short-term rentals can include holiday rentals, accommodation used for business travel and emergency accommodation. 

Short-term rental accommodation does not include hotels, motels, and bed and breakfast accommodation.

I am a host for a short-term rental accommodation. Do I need to register my property?

You must register your short-term rental accommodation property on the (STRA) register. Registration requirements applies to residential accommodation such as houses, units and terraces. It doesn’t apply to caravans, tents or moveable dwellings.

You must also comply with the new fire and safety requirements and agree to follow the code of conduct before your registration is completed. 

You will be issued with a STRA property ID number which must be displayed on an online property listing.

For more information, see:

• Short Term Rental Accommodation (STRA) on the Planning Portal website
  
• Host obligations on the NSW Fair Trading website.

How do I know if a short-term rental accommodation is registered?

Letting agents, hosts and booking platforms must not advertise short-term rental accommodation unless the property is registered on the STRA register with its registration number displayed along with the other details of the property.

What is the code of conduct and is it mandatory?

In December 2020, the NSW Government introduced the mandatory Code of Conduct for the Short-term Rental Accommodation Industry (‘code of conduct’). The code of conduct sets out new obligations on booking platforms, hosts, guests and letting agents. 

The code of conduct also creates new penalties for breaching the code.

For more information, see Short-term rental accommodation on the NSW Fair Trading website. 

Which types of accommodation are excluded from the code of conduct?

The following types of accommodation are excluded from the code of conduct:

• Tourist and visitor accommodation, including backpackers’ accommodation, hotel or motel accommodation and serviced apartments
• Boarding houses
• Holiday parks
• Refuge and crisis accommodation
• Disability accommodation
• Residential tenancies.
  

I believe the host or booking platform breached the code of conduct. Can I make a complaint?

If you believe a host, booking platform or letting agent has breached the code of conduct, you should try to resolve your problem directly with them.

If you are unable to resolve the issue, you can make a complaint to NSW Fair Trading about a breach of the code of conduct.

NSW Fair Trading will investigate the complaint and decide what action should be taken.

For more information, see Short-term rental accommodation complaints on the NSW Fair Trading website.

What happens if the host makes a complaint against me to NSW Fair Trading for breaching the code of conduct?

If a complaint is made to NSW Fair Trading about a potential breach of the code of conduct, Fair Trading will investigate the complaint.

If NSW Fair Trading decides that you have breached the code of conduct, they may impose one of the following penalties:

• issue a warning
• record a strike against you
• record your name on the exclusion register.

For more information, see Short-term rental accommodation complaints on the NSW Fair Trading website.

What happens if a strike is recorded against me?

If a complaint is made against you to NSW Fair Trading and they find that you have committed a serious breach of the code of conduct, the serious breach will be recorded against you as a ‘strike’.

If you are found to have committed two serious breaches of the code of conduct in a two-year period, your name will be recorded on the exclusion register.

Can I apply to review NSW Fair Trading's decision to record a strike against me?

If a strike is recorded against you, you can apply for a review of the decision. You have 21 days from when you receive the notification from NSW Fair Trading to apply for a review.

For more information, see Short-term rental accommodation complaints on the NSW Fair Trading website.

What is the exclusion register?

The exclusion register is a list of guests or hosts who have been excluded from short-term rental accommodation in NSW. The list is managed by NSW Fair Trading and is published online.

You can be listed on the exclusion register if NSW Fair Trading finds that you have committed two serious breaches of the code of conduct in a two year period.

NSW Fair Trading can also record your name on the exclusion register if you have been charged or convicted of a criminal offence and it is in the public interest to exclude you.

If you are listed on the exclusion register, you will not be allowed to rent short-term rental accommodation for five years.

For more information, see Short-term rental accommodation exclusion register on the NSW Fair Trading website.

Can I appeal NSW Fair Trading's decision to record my name in the exclusion register?

If you have been listed on the exclusion register, you can lodge an appeal with NSW Fair Trading. You have 28 days from when you receive the notification from NSW Fair Trading informing you that you will be listed on the exclusion register to apply for a review.

For more information, see Short-term rental accommodation exclusion register on the NSW Fair Trading website.