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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Laws Amendment (Gift Cards)
Bill 2018
No. , 2018
(Treasury)
A Bill for an Act to amend the Competition and
Consumer Act 2010, and for related purposes
No. , 2018
Treasury Laws Amendment (Gift Cards) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Gift cards
3
Competition and Consumer Act 2010
3
No. , 2018
Treasury Laws Amendment (Gift Cards) Bill 2018
1
A Bill for an Act to amend the Competition and
1
Consumer Act 2010, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Treasury Laws Amendment (Gift Cards) Act 2018.
5
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Treasury Laws Amendment (Gift Cards) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Gift cards Schedule 1
No. , 2018
Treasury Laws Amendment (Gift Cards) Bill 2018
3
Schedule 1--Gift cards
1
2
Competition and Consumer Act 2010
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1 Subsection 131A(1)
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Repeal the subsection, substitute:
5
(1) Despite section 131, this Division does not apply, other than in
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relation to the following provisions of Schedule 2 as they apply as
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a law of the Commonwealth, to the supply, or possible supply, of
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services that are financial services, or of financial products:
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(a) Division 3A of Part 3-2;
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(b) Division 3A of Part 4-2;
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(c) Part 5-5.
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2 After paragraph 134A(2)(e)
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Insert:
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(ea) subsection 99B(1), section 99C, subsection 99D(1),
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section 99E or subsection 99F(2);
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3 Section 134C (after table item 6)
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Insert:
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6A
subsection 99B(1),
section 99C,
subsection 99D(1),
section 99E or
subsection 99F(2)
(a) if the person is a body
corporate--55 penalty units;
or
(b) if the person is not a body
corporate--11 penalty units.
4 Subsection 2(1) of Schedule 2
19
Insert:
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gift card: see section 99A.
21
post-supply fee: see section 99D(2).
22
5 Paragraph 3(2)(a) of Schedule 2
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Repeal the paragraph, substitute:
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(a) for the following purpose:
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Schedule 1 Gift cards
4
Treasury Laws Amendment (Gift Cards) Bill 2018
No. , 2018
(i) for goods other than gift cards--for the purpose of
1
re-supply;
2
(ii) for gift cards--for the purpose of re-supply in trade or
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commerce; or
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6 After Division 3 of Part 3-2 of Schedule 2
5
Insert:
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Division 3A--Gift cards
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Subdivision A--Introduction
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99A Meaning of gift card
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A gift card is:
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(a) an article (whether in physical or electronic form) that:
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(i) is of a kind that is commonly known as a gift card or
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gift voucher; and
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(ii) is redeemable for goods or services; or
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(b) an article of a kind specified in regulations made for the
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purposes of this paragraph;
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but does not include an article of a kind specified in the
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regulations.
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Subdivision B--Requirements relating to gift cards
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99B Gift cards to be redeemable for at least 3 years
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(1) A person must not, in trade or commerce, supply a gift card to a
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consumer if the day that the gift card ceases to be redeemable is
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earlier than 3 years after the day of that supply.
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Note:
A pecuniary penalty may be imposed for a contravention of this
24
subsection.
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(2) If:
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(a) a gift card is, in trade or commerce, supplied to a consumer;
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and
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(b) the day that the gift card ceases to be redeemable is earlier
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than 3 years after the day of that supply;
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Gift cards Schedule 1
No. , 2018
Treasury Laws Amendment (Gift Cards) Bill 2018
5
the day that the gift card ceases to be redeemable is taken to be 3
1
years after the day of that supply.
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(3) Subsection (2) does not affect a person's liability for an alleged
3
contravention of subsection (1) or section 191A.
4
99C When gift card ceases to be redeemable to appear prominently
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on gift card
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A person must not, in trade or commerce, supply a gift card to a
7
consumer if one of the following does not appear prominently on
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the gift card:
9
(a) the date the gift card ceases to be redeemable;
10
(b) the month and year the gift card ceases to be redeemable;
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(c) the date the gift card is supplied and a statement that
12
identifies the period during which the gift card is redeemable;
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(d) the month and year the gift card is supplied and a statement
14
that identifies the period during which the gift card is
15
redeemable;
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(e) the words "no expiry date" or words to that effect.
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Note:
A pecuniary penalty may be imposed for a contravention of this
18
section.
19
99D Terms and conditions not to allow post-supply fees
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(1) A person must not, in trade or commerce, supply a gift card to a
21
consumer if the terms or conditions (however described) of the gift
22
card allow or require the payment of a post-supply fee in relation to
23
the gift card.
24
Note:
A pecuniary penalty may be imposed for a contravention of this
25
subsection.
26
(2) A post-supply fee is a fee or charge payable in relation to a gift
27
card after it is supplied to a consumer, other than a fee or charge of
28
a kind specified in the regulations.
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99E Post-supply fees not to be demanded or received
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A person must not, in trade or commerce, demand or receive
31
payment of a post-supply fee in relation to a gift card.
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Schedule 1 Gift cards
6
Treasury Laws Amendment (Gift Cards) Bill 2018
No. , 2018
Note:
A pecuniary penalty may be imposed for a contravention of this
1
subsection.
2
99F Certain terms and conditions of gift card void
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(1) A term or condition (however described) of a gift card is void if it
4
has the effect of, or purports to have the effect of:
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(a) allowing or requiring the payment of a post-supply fee in
6
relation to the gift card; or
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(b) reducing the period that the gift card ceases to be redeemable
8
to a period that ends earlier than 3 years after the day the gift
9
card is supplied to a consumer.
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(2) The supplier of a gift card must ensure that the terms or conditions
11
(however described) of the gift card do not include, or purport to
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include, a term or condition that is, or would be, void because of
13
subsection (1).
14
Note:
A pecuniary penalty may be imposed for a contravention of this
15
subsection.
16
(3) This section does not affect a person's liability for an alleged
17
contravention of:
18
(a) section 99B(1); or
19
(b) section 99C; or
20
(c) section 99D(1); or
21
(d) section 99E; or
22
(e) section 191A; or
23
(f) section 191B; or
24
(g) section 191C; or
25
(h) section 191D.
26
Subdivision C--Miscellaneous
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99G Regulations may limit application of this Division
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The regulations may provide that some or all of the provisions of
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this Division do not apply to or in relation to:
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(a) gift cards of a kind prescribed by the regulations; or
31
(b) persons of a kind prescribed by the regulations; or
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Gift cards Schedule 1
No. , 2018
Treasury Laws Amendment (Gift Cards) Bill 2018
7
(c) gift cards supplied in circumstances prescribed by the
1
regulations.
2
7 After Division 3 of Part 4-2 of Schedule 2
3
Insert:
4
Division 3A--Gift cards
5
191A Gift cards to be redeemable for at least 3 years
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(1) A person commits an offence if:
7
(a) the person, in trade or commerce, supplies a gift card to a
8
consumer; and
9
(b) the day the gift card ceases to be redeemable is earlier than 3
10
years after the day of that supply.
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Penalty:
12
(a) if the person is a body corporate--$30,000; or
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(b) if the person is not a body corporate--$6,000.
14
(2) Subsection (1) is an offence of strict liability.
15
191B When gift card ceases to be redeemable to appear prominently
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on gift card
17
(1) A person commits an offence if:
18
(a) the person, in trade or commerce, supplies a gift card to a
19
consumer; and
20
(b) one of the following does not appear prominently on the gift
21
card:
22
(i) the date the gift card ceases to be redeemable;
23
(ii) the month and year the gift card ceases to be
24
redeemable;
25
(iii) the date the gift card is supplied and a statement that
26
identifies the period during which the gift card is
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redeemable;
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(iv) the month and year the gift card is supplied and a
29
statement that identifies the period during which the gift
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card is redeemable;
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(v) the words "no expiry date" or words to that effect.
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Schedule 1 Gift cards
8
Treasury Laws Amendment (Gift Cards) Bill 2018
No. , 2018
Penalty:
1
(a) if the person is a body corporate--$30,000; or
2
(b) if the person is not a body corporate--$6,000.
3
(2) Subsection (1) is an offence of strict liability.
4
191C Terms and conditions not to allow post-supply fees
5
(1) A person commits an offence if:
6
(a) the person, in trade or commerce, supplies a gift card to a
7
consumer; and
8
(b) the terms or conditions (however described) of the gift card
9
allow or require the payment of a post-supply fee in relation
10
to the gift card.
11
Penalty:
12
(a) if the person is a body corporate--$30,000; or
13
(b) if the person is not a body corporate--$6,000.
14
(2) An offence against subsection (1) is an offence of strict liability.
15
191D Post-supply fees not to be demanded or received
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(1) A person commits an offence if the person, in trade or commerce,
17
demands or receives payment of a post-supply fee in relation to a
18
gift card.
19
Penalty:
20
(a) if the person is a body corporate--$30,000; or
21
(b) if the person is not a body corporate--$6,000.
22
(2) An offence against subsection (1) is an offence of strict liability.
23
191E Regulations may limit the application of this Division
24
The regulations may provide that some or all of the provisions of
25
this Division do not apply to or in relation to:
26
(a) gift cards of a kind prescribed by the regulations; or
27
(b) persons of a kind prescribed by the regulations; or
28
(c) gift cards supplied in circumstances prescribed by the
29
regulations.
30
Gift cards Schedule 1
No. , 2018
Treasury Laws Amendment (Gift Cards) Bill 2018
9
8 After subparagraph 224(1)(a)(v) of Schedule 2
1
Insert:
2
(va) section 99B(1), 99C, 99D(1), 99E or 99F(2) (which are
3
about gift cards);
4
9 Subsection 224(3) of Schedule 2 (after table item 6)
5
Insert:
6
6A
section 99B(1), 99C,
99D(1), 99E or 99F(2)
(a) if the person is a body
corporate--$30,000; or
(b) if the person is not a body
corporate--$6,000.
10 In the appropriate position in Chapter 6 of Schedule 2
7
Insert:
8
Part 5--Application and transitional provisions relating to
9
the Treasury Laws Amendment (Gift Cards) Act
10
2018
11
12
302 Application of amendments relating to gift cards
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The amendments made by Schedule 1 to the Treasury Laws
14
Amendment (Gift Cards) Act 2018 apply to gift cards supplied on
15
or after 1 November 2019.
16
17