Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_39
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 39
Character Range: 104825–107145

39  Unsolicited cards etc.

 (1) A person must not send 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 except:
 (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.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (2) Subsection (1) does not apply unless the card or article is sent by or on behalf of the person who issued it.

 (3) A person must not take any action that enables another person who has a credit card to use the card as a debit card, except in accordance with the other person's written request.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (4) A person must not take any action that enables another person who has a debit card to use the card as a credit card, except in accordance with the other person's written request.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (5) A credit card is an article that is one or more of the following:
 (a) an article of a kind commonly known as a credit card;
 (b) a similar article intended for use in obtaining cash, goods or services on credit;
 (c) an article of a kind that persons carrying on business commonly issue to their customers, or prospective customers, for use in obtaining goods or services from those persons on credit;
and includes an article that may be used as an article referred to in paragraph (a), (b) or (c).

 (6) A debit card is:
 (a) an article intended for use by a person in obtaining access to an account that is held by the person for the purpose of withdrawing or depositing cash or obtaining goods or services; or
 (b) an article that may be used as an article referred to in paragraph (a).