Frequently asked questions (FAQs)
What does Fair Trading do?
The Office of Fair Trading administers fair trading laws and looks after the rights of consumers. At the same time we advise businesses and traders on fair and ethical practices. The aim is to achieve fairness for all in the marketplace.
Informing consumers and traders about their rights and responsibilities is an essential ingredient of this work. Being informed empowers consumers to make better purchasing decisions and is the best defence consumers and traders can have against marketplace scam artists.
Top of pageAm I entitled to a refund?
You are entitled to ask the trader for a refund if the item you bought is:
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not of ‘merchantable quality’ ie. it does not meet the basic level of quality and performance expected, considering its description, price and other relevant circumstances.
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not the same as the item described in advertising or by the salesperson
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not fit for the purpose you made known to the trader and you have relied on the trader’s judgement.
However, the trader does not have to give you a refund if you simply changed your mind. Instead of requesting a refund, you may wish to negotiate with the trader to repair or exchange the item.
How can I make a complaint about a trader or business and is there a fee?
You can lodge a complaint online following easy step-by-step instructions, or at your local Fair Trading Centre. This is a free service.
My landlord is not doing the urgent repairs I need at my rented property. Can I stop paying rent?
Under no circumstances should you stop paying rent. Landlords are obliged to organise any urgent repair, as soon as reasonably possible, after having been notified of the fault or damage.
If the landlord or agent cannot be contacted or does not carry out urgent repairs within a reasonable time, you can spend up to $1,000 and be reimbursed within 14 days by the landlord/agent. Always keep the receipts.
Repairs and maintenance
Living there – information for renters fact sheet
How do I get my rental bond refunded?
After the final inspection your landlord or agent should fill out a ‘Claim for refund of bond money’ form, which you both need to sign and forward to the Office of Fair Trading Renting Services. You should never sign a blank or incomplete form. You can get a refund by direct deposit, cheque or in person.
How do I get an owner-builder permit?
You need to apply at any Fair Trading Centre and show that:
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you are over 18 years old
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you own the land or have a prescribed interest in the land (certificate of title or rate notice)
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you live or intend to live in the completed home or one dwelling of the dual occupancy as your principal residence.
You must also provide:
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a description and address of the proposed work with a copy of the plans and council development application number or complying development certificate number
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application fee
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owner-builder approved course certificate, if the value of the proposed work is over $12,000.
Becoming an owner-builder
Becoming an owner-builder fact sheet
I want to start a business. Can Fair Trading tell me if I require a licence?
Yes. Fair Trading and its partner agencies offer a free online Business Licence Information Service (BLIS) designed to assist with the type of licences or government permits your business may need to operate in NSW. For more details visit www.blis.fairtrading.nsw.gov.au
How do I get forms for business registration, and can I do this online?
You can download a copy of the Application for Registration of a Business Name at www.blis.fairtrading.nsw.gov.au. Alternatively you get it in person from any Fair Trading Centre or by calling 13 32 20.
Someone is trading under a name similar/same to my registered business name. What can I do about it?
You can write to the Office of Fair Trading regarding your concerns, provide evidence that the business is trading under the name and we will look into the matter. If you have some protection over your name (copyright) you may like to seek legal advice.
Does Fair Trading issue ABN numbers?
No. For information about applying for an ABN visit the Australian Business Register on the Australian Taxation Office website at www.abr.gov.au
Can Fair Trading help with award wages, unfair dismissal or other workplace related information?
No. You should contact the NSW Office of Industrial Relations at www.industrialrelations.nsw.gov.au for advice on employment and workplace related issues.
Can Fair Trading mail out legislation?
Fair Trading does not provide hard copy of legislation, however, it is available from our website to download. Alternatively you can contact the Government Book Shop on 1300 656 986 for a printed version.
Fair Trading related legislation
View all NSW Legislation online at www.legislation.nsw.gov.au