Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_75azp
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 75AZP
Character Range: 69844–72021

75AZP  Unsolicited credit and debit cards

 (1) A corporation must not send a prescribed card to a person.

Penalty: 2,000 penalty units.

 (2) Subsection (1) applies only in relation to the sending of a prescribed card by or on behalf of the person who issued the card.

 (3) Subsection (1) does not apply if a corporation sends a prescribed card to a person:
 (a) in pursuance of a request in writing by the person who will be under a liability to the person who issued the card in respect of the use of the card; or
 (b) in renewal or replacement of, or in substitution for:
 (i) a prescribed card of the same kind previously sent to the first‑mentioned person in pursuance of a request in writing by the person who was under a liability to the person who issued the card previously so sent in respect of the use of that card; or
 (ii) a prescribed card of the same kind previously sent to the first‑mentioned person and used for a purpose for which it was intended to be used.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

 (4) Subsection (1) is an offence of strict liability.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.

 (5) A corporation must not take any action that enables a person who has a credit card or a debit card to use the card as a debit card or a credit card, as the case may be.

Penalty: 2,000 penalty units.

 (6) Subsection (5) does not apply in relation to action taken by a corporation in accordance with a written request by the person.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

 (7) Subsection (5) is an offence of strict liability.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.

 (8) In this section:

article, credit card, debit card and prescribed card have the same respective meanings as in section 63A.