Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_161
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 161
Character Range: 253769–255646

161  Unsolicited cards etc.

 (1) A person commits an offence if:
 (a) the person sends a credit card or a debit card, or an article that may be used as a credit card and a debit card, to another person; and
 (b) either:
 (i) the person had issued the card; or
 (ii) the card was sent on behalf of the person who had issued the card.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (2) Subsection (1) does not apply if the person sends the card to the other person:
 (a) pursuant to a written request by the person who will be under a liability to the person who issued the card or article in respect of the use of the card or article; or
 (b) in renewal or replacement of, or in substitution for:
 (i) a card or article of the same kind previously sent to the other person pursuant to a written request 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 card or article of the same kind previously sent to the other person and used for a purpose for which it was intended to be used.

 (3) A person commits an offence if the person takes any action that enables another person who has a credit card to use the card as a debit card.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (4) A person commits an offence if the person takes any action that enables another person who has a debit card to use the card as a credit card.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (5) Subsection (3) or (4) does not apply if the person takes the action in accordance with the other person's written request.

 (6) Subsections (1), (3) and (4) are offences of strict liability.