More info on Australian consumer protection guarantee here -
https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees
I've highlighted the applicable sections in red, basically they're saying that if the product has quality issues, meaning it isn't 'fit-for-purpose', which is another way of saying it doesn't do what it's meant to do, then the retailer, or the manufacturer, in this case Canon, is required to remedy the situation for the buyer.
Consumer guarantees on products and services
Since 1 January 2011, the following consumer guarantees on products and services apply.
Products must be of acceptable quality, that is:
- safe, lasting, with no faults
- look acceptable
- do all the things someone would normally expect them to do.
Acceptable quality takes into account what would normally be expected for the type of product and cost.
Products must:
- match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising
- match any demonstration model or sample you asked for
- be fit for the purpose the business told you it would be fit for and for any purpose that you made known to the business before purchasing
- come with full title and ownership
- not carry any hidden debts or extra charges
- come with undisturbed possession, so no one has a right to take the goods away or prevent you from using them
- meet any extra promises made about performance, condition and quality, such as life time guarantees and money back offers
- have spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.
Who to claim a remedy from - Products
You can claim a remedy from the
retailer if the products do not meet any one or more of the consumer guarantees, with the exception of availability of spare parts and repair facilities.
The remedies you can seek from the
retailer who sold you the product include a repair, replacement, or refund and in some cases compensation for damages and loss.
The
retailer can’t refuse to help you by sending you to the manufacturer or importer.
You can claim a remedy directly from the
manufacturer or importer if the goods do not meet one or more of the following consumer guarantees:
- acceptable quality
- matching description
- any extra promises made about such things like performance, condition and quality
- repairs and spare parts - the manufacturer is responsible for ensuring that spare parts and repair facilities (a place that can fix the consumer’s goods) are available for a reasonable time after purchase unless you were told otherwise. How long is ‘reasonable’ will depend on the type of product.
You are only entitled to recover costs from a manufacturer or importer, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss.
"The highest penalty the Federal Court has ordered for breaches of Australian Consumer Law is $10 million (in ACCC actions against Coles and Ford)."
(
https://www.accc.gov.au/media-release/consumer-law-penalties-set-to-increase)
"The difficulty the courts have faced in determining an appropriate penalty for a large corporation was recently explored in the case of
Australian Competition and Consumer Commission v Apple Pty Ltd (No 4) [2018] FCA 953, in which Corrs acted for the ACCC.
In this case, a pecuniary penalty of $9 million was imposed on Apple Inc for making false or misleading representations as to consumer guarantees and the rights and remedies available to consumers under the ACL, in breach of section 29(1)(m) of the ACL. The penalty was ordered by consent, following a settlement reached between the ACCC and Apple."
(
https://www.corrs.com.au/insights/a...stralian-consumer-law-substantially-increases)
Australian Consumer Law
The maximum penalties per breach of the ACL including unconscionable conduct, making false or misleading representations, and supplying consumer goods or certain services that do not comply with safety standards or which are banned:
For corporations, will be the greater of:
- $10 000 000
- three times the value of the benefit received, or
- 10% of annual turnover in preceding 12 months, if court cannot determine benefit obtained from the offence.
For individuals:
It took me ten minutes to look this up online. It looks like Canon Australia would not be happy paying out 10% of their annual turnover for the last 12 months in fines if they tried to gaslight consumers and pretend their wasn't an issue. They have ample financial incentive to recall a faulty product as soon as possible under Australian consumer protection laws.