New South Wales Consolidated Regulations

FAIR TRADING REGULATION 2019 - REG 13

13 Exceptions to gift card expiry date requirements

(1) For the purposes of section 58M(3)(a) of the Act, Part 4B of the Act does not apply to any of the following classes of gift cards--

(a) an ATM card, charge card, credit card or debit card,

(b) a reloadable prepaid card,

(c) a non-reloadable prepaid card sold during the period commencing on 31 March 2018 and ending at the end of 30 September 2018,

(d) a card or voucher redeemable only for phone credit, internet access or any other utility,

(e) a card or voucher supplied in substitution for goods returned to the supplier of the goods,

(f) a card or voucher supplied as part of a customer loyalty or employee rewards program,

(g) a card or voucher supplied as part of a temporary marketing promotion to the purchaser of goods or services in connection with the purchase of the goods or services,

(h) a card or voucher sold for use in a fundraising appeal within the meaning of the Charitable Fundraising Act 1991 ,

(i) a card or voucher redeemable only for a particular good or service available for a limited period (such as entry to an exhibition or a live performance) that expires at the end of that period,

(j) a card or voucher redeemable only for a particular good or service that is sold at a discount on the market value of the good or service that a reasonable person would consider to be a genuine discount on the market value of the good or service.

(2) In this clause--

"prepaid card" means a prepaid card that is redeemable for goods or services through an electronic payment system under a scheme such as EFTPOS Prepaid, Visa Prepaid or MasterCard Prepaid.