Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12dl:p1
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12DL (pt 1/2)
Character Range: 141017–143470

12DL  Unsolicited credit cards and debit cards
 (1) A person must not send another person (the targeted person) a credit card or a debit card except in accordance with subsection (2).
Note: Failure to comply with this subsection is an offence (see section 12GB).
 (2) A person may send the targeted person the card:
 (a) in pursuance of a request in writing by the person (the liable person) who will be under a liability to the issuer of the card in respect of the use of the card; or
 (b) in renewal or replacement of, or in substitution for:
 (i) a card of the same kind previously sent to the targeted person in pursuance of a request in writing by the liable person to the issuer of the previous card; or
 (ii) a card of the same kind previously sent to the targeted 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 matter in this subsection, see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) applies only in relation to the sending of a card by or on behalf of the issuer of the card.
 (4) A person must not take any action that enables:
 (a) another person who has a credit card to use the card as a debit card; or
 (b) another person who has a debit card to use the card as a credit card;
except in accordance with a request in writing by the other person.
Note: Failure to comply with this subsection is an offence (see section 12GB).
 (4A) An offence under subsection 12GB(1) relating to subsection (1) or (4) of this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) In this section:
article includes a token, card or document.
credit card means an article that:
 (a) is of a kind described in one or more of the following subparagraphs:
 (i) an article of a kind commonly known as a credit card;
 (ii) a similar article intended for use in obtaining cash, goods or services on credit;
 (iii) 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
 (b) is part of, or provides access to, a credit facility that is a financial product;
or an article that may be used as an article referred to in paragraphs (a) and (b).
debit card means:
 (a) an article intended for use by a person in obtaining access to an account that is:
 (i) held by the person