Fair Trading (Amendment) Act 1996 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Fair Trading (Amendment) Act 1996

No. 9 of 1996

An Act to amend the Fair Trading Act 1992

[Notified in ACT Gazette S59: 10 April 1996]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Fair Trading (Amendment) Act 1996.

Commencement

2.  (1)  Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.

(2)  Section 4 commences on a day fixed by the Minister by notice in the Gazette.

(3)  If section 4 has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that section, by force of this subsection, commences on the first day after the end of that period.

Principal Act

3.  In this Act, “Principal Act” means the Fair Trading Act 1992.1

Insertion

4.  After section 28 of the Principal Act the following section is inserted:

Cash card use disclosure

“28A.  (1)  A cash card provider shall not disclose to any person particulars of the use of a cash card where those particulars identify or tend to identify the user.

“(2)  Subsection (1) does not apply where—

(a)the user consents to the disclosure; or

(b)the disclosure is required by a court or is otherwise authorised or required by or under a law in force in the Territory.

“(3)  In this section—

‘cash card’ means a card that—

(a)is, or is intended to be, electronically encoded with a monetary value; and

(b)once encoded, can be used to pay for goods or services up to the value encoded;

‘provider’, in relation to a cash card, means a person who provides cash cards in the course of a business carried on by him or her.”.

NOTE

Principal Act

1. Reprinted as at 31 January 1994.  See also Act No. 26, 1994.

[Presentation speech made in Assembly on 21 February 1996]

©  Australian Capital Territory 1996