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@pinktoedannie wrote:

By stating 'no returns accepted' on new items it is admitting in black and white that you are going against the consumer rights under Australian law.  A buyer could take it as such.  What are you going to say 'oh, I didn't mean it' if they leave you a negative over it?  It holds no weight. 
Better to accept returns - you don't have to do it on ebay's terms, but you do have to make sure you're not breaking the law.

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Technically speaking, that is not entirely true. It may be how an uninformed buyer interprets your statement, but it does not indicate that you are necessarily circumventing a consumer's legislated rights. (SOME misinformed sellers may believe that their T&C trump the ACL or they may not even be aware of it's existence and the laws it dictates - but guess what? That doesn't matter)

It is just a policy, not a law, and as I have previously explained, no policy can negate or circumvent Australian Law.

For example, In Queensland, Corporal Punishment is legislated as LEGAL in ALL schools, whether private or public. However Education Queensland have a Policy prohibiting the use of the cane/ corporal punishment in PUBLIC schools.

What this means is that should an employee of Education Queensland carry out an act of Corporal Punishment, they have not committed a criminal offence or broken any laws and thus cannot be penalised by the law, however, they have broken a term of employment by their employer, so their employer can take action against them in accordance to what is set out in their POLICY document.

The Dept of Education is NOT breaking any laws by having this policy as there is no law saying that they can't create it, but their policy cannot trump Australian Legislation. Civil Law tells you what you can do, Criminal Law tells you what you can't do.