It would be a refund in Australia as it is a faulty product. They may try stiff you on returning a physical disk (how do you prove it was faulty on sale?) but a good store will offer store credit at the very least because video games do not make money. The consoles do.
The only times a refund can be denied in Australia when a problem occurs is if it was caused by you or if you changed your mind on a purchase. Otherwise the purchaser can dictate how they are rectified (swap, credit or refund).
Edit: This is assuming you purchase it now. If you purchased it 9 years ago - it would be tough luck. The pivot is the condition at point of sale.
The only times a refund can be denied in Australia when a problem occurs is if it was caused by you or if you changed your mind on a purchase. Otherwise the purchaser can dictate how they are rectified (swap, credit or refund).
Edit: This is assuming you purchase it now. If you purchased it 9 years ago - it would be tough luck. The pivot is the condition at point of sale.