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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Fair Trading (Gift Cards) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Fair
Trading Act 1987
.
Contents
Part 2—Amendment of Fair Trading
Act 1987
45DProhibition on
sale of gift cards with expiry date of less than 3 years
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Fair Trading (Gift Cards) Amendment
Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Fair Trading
Act 1987
After section 45C insert:
Part 6A—Gift cards
45D—Prohibition on sale of gift cards with expiry
date of less than 3 years
(1) A person must not sell to a consumer in South Australia a gift card
with an expiry date that is earlier than 3 years after the date of sale of the
gift card.
Maximum penalty: $5 000.
(2) A person who sells a gift card to a consumer in South Australia, or
who has agreed with the seller to redeem that gift card, must not impose any
administrative charge or fee that reduces the redeemable value of the gift card
after the sale of the gift card.
Maximum penalty: $5 000.
(3) A term or condition
of a gift card sold to a consumer in South Australia is void to the extent that
it would make the sale of the gift card, or the imposition of a charge or fee,
an offence under this section.
(4) If the expiry date of a gift card is void because of
subsection (3)
, the expiry date is to be taken to be 3 years after the date of sale of
the gift card.
(5) This section does not apply to—
(a) a gift card sold to a consumer before the commencement of this
section; or
(b) a gift card sold to a consumer online or by phone
where—
(i) the gift card is to be delivered to the consumer at an address that is
outside South Australia; or
(ii) the contact details of the consumer provided in connection with the
sale of the gift card include a residential address that is outside South
Australia; or
(c) a gift card of a class prescribed by the regulations; or
(d) a gift card sold to a person, or person of a class, prescribed by the
regulations; or
(e) a gift card sold in circumstances prescribed by the
regulations.
(6) In this section—
expiry date of a gift card means the date on which the gift
card ceases to be redeemable;
gift card means a card or voucher (however described and
whether in a physical or electronic form) that is redeemable for goods or
services in South Australia;
redeemable value of a gift card means the value of the goods
or services for which the gift card is redeemable.