CHOICE membership

ACL Update and clarification by ACCC released 2021 02 11

“Recent updates to the consumer guarantees regime under the Australian Consumer Law have clarified that if a product or service has two or more minor problems, it’s considered a major problem. This means you have the right to ask for your choice of a replacement or refund.”

Also, from 1 July 2021, the threshold amount for guarantees will increase from $40,000 to $100,000.

Both increasing consumer protections!

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Like to see that with new caravan purchases.

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Are caravans not included?

There are always minor differences between states, however ACL is supposed to apply in all. Qld legislation has provided for QCAT to resolve disputes concerning new caravan purchases valued at up to $100k since Sept 2019.

The Caravan Industry Association of Australia appears to be an unwilling participant?

The industry is worth estimated $23b annually.

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This article may be helpful as it explains the ACL in context. Note it is technically the opinion and advice of ‘Dr Michael Eburn [ ] an Associate Professor of Law at a major Australian University’ rather than a binding legal opinion.

https://rvbooks.com.au/caravan-fault-issues-who-is-responsible/

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Despite the caravan industry’s best efforts to minimize and deny liability as evidenced by the numerous caravan issues raised already in the forum, caravans are covered according to ACCC Consumer Rights Guarantees

"What products and services are guaranteed?

Businesses must guarantee products and services they sell, hire or lease for:
** under $40,000*
** over $40,000 that are normally bought for personal or household use.*

For goods or services supplied from 1 July 2021, the threshold amount will increase to $100,000.

Business vehicles and trailers are also covered, irrespective of cost, provided they are used mainly to transport goods.

Businesses must provide these automatic guarantees regardless of any other warranties they give to you or sell you."

Almost all caravans are bought for personal use, so therefore are covered.

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