Fair Trading (Gift Cards) Amendment Act 2018 (SA)

South Australia

Fair Trading (Gift Cards) Amendment Act 2018

An Act to amend the Fair Trading Act 1987.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Fair Trading (Gift Cards) Amendment Act 2018.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Fair Trading Act 19874Insertion of Part 6A

After section 45C insert:

Part 6A—Gift cards

45D—Prohibition on sale of gift cards with expiry date of less than 3 years

1. (1)

   A person must not sell to a consumer in South Australia a gift card with an expiry date that is earlier than 3 years after the date of sale of the gift card.

Maximum penalty: $5 000.

1. (2)

   A person who sells a gift card to a consumer in South Australia, or who has agreed with the seller to redeem that gift card, must not impose any administrative charge or fee that reduces the redeemable value of the gift card after the sale of the gift card.

Maximum penalty: $5 000.

1. (3)

   A term or condition of a gift card sold to a consumer in South Australia is void to the extent that it would make the sale of the gift card, or the imposition of a charge or fee, an offence under this section.

2. (4)

   If the expiry date of a gift card is void because of subsection (3), the expiry date is to be taken to be 3 years after the date of sale of the gift card.

3. (5)

   This section does not apply to—

   1. (a)

      a gift card sold to a consumer before the commencement of this section; or

   2. (b)

      a gift card sold to a consumer online or by phone where—

      1. (i)

         the gift card is to be delivered to the consumer at an address that is outside South Australia; or

      2. (ii)

         the contact details of the consumer provided in connection with the sale of the gift card include a residential address that is outside South Australia; or

   3. (c)

      a gift card of a class prescribed by the regulations; or

   4. (d)

      a gift card sold to a person, or person of a class, prescribed by the regulations; or

   5. (e)

      a gift card sold in circumstances prescribed by the regulations.

4. (6)

   In this section—

expiry date of a gift card means the date on which the gift card ceases to be redeemable;

gift card means a card or voucher (however described and whether in a physical or electronic form) that is redeemable for goods or services in South Australia;

redeemable value of a gift card means the value of the goods or services for which the gift card is redeemable.

45E—Review of Part

1. (1)

   The Minister must cause a review of the operation of this Part to be conducted not before 18 months, and not later than 2 years, following the commencement of this Part.

2. (2)

   The review must be completed, and a report on the results of the review provided to the Minister, within 3 years following the commencement of this Part.

3. (3)

   The Minister must, within 12 sitting days after receipt of the report, cause copies of the report to be laid before each House of Parliament.