Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 63A

             (1)  A corporation shall not send a prescribed card to a person except:

                     (a)  in pursuance of a request in writing by the person who will be under a liability to the person who issued the card in respect of the use of the card; or

                     (b)  in renewal or replacement of, or in substitution for:

                              (i)  a prescribed card of the same kind previously sent to the first‑mentioned person in pursuance of a request in writing 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 prescribed card of the same kind previously sent to the first‑mentioned person and used for a purpose for which it was intended to be used.

             (2)  Subsection (1) applies only in relation to the sending of a prescribed card by or on behalf of the person who issued the card.

          (2A)  A corporation shall not take any action that enables a person who has a credit card or a debit card to use the card as a debit card or a credit card, as the case may be, except in accordance with a request in writing by the person.

             (3)  In this section:

"article" includes a token, card or document.

"credit card" means an article that is of a kind described in one or more of the following paragraphs:

                     (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;

or an article that may be used as an article referred to in paragraph (a), (b) or (c).

"debit card" means:

                     (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).

"prescribed card" means a credit card, a debit card or an article that may be used as a credit card and a debit card.