The ACCC confirmed with me today, by telephone and email, that the manufacturer is now responsible to replace my defective unit with a brand new, identical unit. The "authorised repairer" sent it to Apple who confirmed it was defective and they still have it, so I can't physically return my purchase. Regardless, I am entitled to a brand new "like for like" replacement. I was told, by the ACCC, and by reading the Australian legislature, that if they can't repair my original unit, or even if they could but I didn't want them to, I was entitled to demand a brand new replacement or recieve a full monetary refund - it's law here people. The recourse for faulty products, in Australia, dictates that any remedy offered to rectify the problem should result in the consumer being returned to a situation that they were in at the initial purchase point - ie, I paid for a brand new iPad, it was faulty, therefore I am entitled to a brand new replacement should I choose not to accept the "second hand" unit, or I can get my money back. This was via a conversation with the ACCC at 4.45pm today. And Lulufrom NY, honestly, if I could have "proven" the issue any sooner than I did, believe me I would have but the problem with my iPad was so bizarre no-one believed me, hence the reason for having to capture it on video - and anyway, it was under warranty so the point is invalid. And that is all irrelevant under Australian consumer law anyway, the product had a major fault (as confirmed by Apple) and within it's warranty period, therefore I am entitled to a replacement of "like for like", and not a second hand unit. I'm know I sound like a smarty pants, but I just want what I paid for which was a brand new unit. I would never have purchased a second hand, refurbished iPad at full price to begin with - at least offer a refurbed unit and a monetary refund for the difference in purchase price. And if I hadn't have queried why the replacement wasn't in a new box, I would never have known it was a refurb, which is also illegal in Australia - passing off a second hand item as brand new without full disclosure - they say they MAY use refurbished products, not that they WILL use refurbished prodects. And not one single person during the whole lengthly process informed me that the unit I would receive was second hand. So frustrating. And Korthal2012, the link you provided does not seem to work for me and the site you refer to seems to be USA based, not Aus, and I would be greatful if you could let me know who, at the ACCC confirmed this for you because I received the opposite information from talking to them today which will be backed up by the literature they are posting to me to write a formal complaint, and believe me, I have documented everything since the day of purchase. And your last sentence supports my argument - " as the manufacturer Apple are required to provide a like for like replacement (identical product as was purchased) that is NOT a Refurbished unit (which implies second hand)". An organisation - operating or selling products in Australia - can offer refurbished parts / products if the original purchased item is not "readily available". We are talking a 64gig, 4G New iPad, they are readily available in Aus. Apple are legally bound to replace the item with a brand new one or give me my money back now that Apple have my iPad and I can't understand the hassle they are giving me? The ACCC supports my claim (also in writing from the ACCC), and will be going into bat for me if Apple don't supply a brand new one.