In theory yes. In practice it can be a long and arduous campaign that may not deliver satisfaction. First, it does not read as your vehicle is a lemon. There are numerous posts on the community about the ACL and the need for lemon laws, as well as specific problems, however I doubt any would be more instructive for you than your following the basics.
Without going into details of your post or expectations on reliability of the part, what seems to work best is to directly approach Nissan for assistance. Use the ACL ‘letter or complaint’ tool citing claims of quality, maintenance history, dealer service relationships, and so on. You could ask for a no cost repair. The worst they can do is knock you back or offer a free part and you pay labour or vice versa.
History suggests it is unlikely you would prevail at a tribunal with a failed electrical part, but one never knows until one tries. Keep everything polite and in writing (email) with receipts for everything you submit in case you decide to go to a tribunal.
An alternative might be an after market fan assuming yours is for the radiator not the A/C/heating/demisting system. They start at a few $100’s and high quality ones are reliable and when well chosen, work fine for both petrol and diesel engines. Any handy mechanic should be able to replace the OEM with an aftermarket; ask your mechanic.
This seems very expensive for a fan and assembly replacement. It may be worth going to an independent service mechanic to get a quote. Also explore if there non-OEM (non-genuine) or second hand parts as these will be a lot cheaper.
It is a difficult one as you don’t have any history of the vehicle for the first 12 months. It is possible that the previous owner did something which would be classed as misuse, and an exception under the ACL…an example would be that the front of the vehicle was submerged in water causing water infiltration into the motor and damage, resulting in a failure at some later date).
If you had owned the vehicle from new and it has been looked after, then it would be possible to see if you can get restitution under the Australian Consumer Law. But the mystery first 12 months will make it difficult to prove that it wasn’t a manufacturing defect/part fault.
Doing a search using Google, it would appear that the fan motor assembly can be purchased for around the $400 mark. I agree with the previous posts; save your self a lot of heartache and just go get it done at your local mechanic for far less time, effort, and cost.
I did a google search and it’s a common problem with these cars! My advice would be look on eBay and find out what cost for the parts alone! Also get few quotes from independent mechanics I would advise to email them! A cooling fan assembly should not be too hard to change out and would typically take around 2 hours max it depends on the design.
As a footnote I have had terrible experiences w/email for car repair (as well as some others). At least in NE Melbourne the shops apparently consider emailers time wasters and real customers will ring and discuss. If I am a known customer they will usually but not always engage.
Some may be hesitant to put something in writing because it reveals their [competitive|non-competitive] prices or educates the consumer so he can DIY or use the info to try getting a better deal somewhere.
It might also depend on aptitude, the available tool kit, and a certain amount of physical dexterity. Age and arthritis not a challenge, just a condition? I know of several vehicles that require removal of the radiator or grill for access.
Having a good relationship with a reliable local workshop is likely to suit most consumers. Some we have known will quite happily point customers to where they can look to source parts that are not off the shelf or for need able to be sourced used.
I have a foot in both camps, preferring the long lived Toyota to see the mechanical workshop for all major work. That one needs child sized hands and five jointed arms to reach most items is also a put off. The now well aged lesser Ute, receives some personal TLC, armed with a workshop manual and acquired skills.