Section 54 of the ACL clearly states the necessary rules to be applicable as the guarantee to acceptable quality. 54 (2) of the ACL states that the goods are to be of acceptable quality, and must be fit for all purposes for which the goods are commonly supplied for. It must be of acceptable quality in that it should be free of defects, must be safe and durable as well. As a definition of acceptable quality, it is in fact ascertained that any reasonable consumer who is fully acquainted with the state and use of the goods must be able to accept it based on their reasoning. Some of the elements with respect to quality that would come under consideration of provisions in subsection 2 of ACL section 54 are the nature of the goods, their price, material representation of the goods with respect to quality, packaging, etc.
Under ACL section 54(4), if there are reasons why goods might not be of accepted quality, then these reasons must have been represented to the customer clearly and the customer should have accepted supply with the full knowledge of why they are not of acceptable quality. Under (6), goods are to be considered as not meeting the acceptable quality guarantee if the consumer has in some way made them into unacceptable quality because of some abnormal use in comparison with that of a reasonable consumer’s consumption style. Excepting this situation provided under ACL subsection 54(6) remedies are available under the Australian Consumer law. The changes made to the section 54 of ACL in 2011 ensured that there is a statutory guarantee which is longer than that of the manufacturer warranty. “Sometimes, you’ll see manufacturer’s warranties that may only be for three, six or 12 months in total, whereas the retailer’s guarantee under the consumer guarantees can sometimes extend beyond that, having regard to the nature of the product and its intended use” stated Mr. Grame Samuel of ‘The Australian Competition and Consumer Commission’. So a consumer can expect a legal guarantee for a longer time than that of the manufacturer guarantee with respect to the above mentioned subsection 54.