Western Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 28

28 .         Unsolicited credit and debit cards (TPA s. 63A)

        (1)         A person shall not send a prescribed card to another 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 that other 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 that other 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.

        (3)         A person shall not take any action that enables another 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 other person.

        (4)         In this section — 

        article includes a token, card and document;

        credit card means an article of a kind commonly known as a credit card or a similar article intended for use in obtaining cash, goods or services on credit, and includes an article of a kind commonly issued by persons carrying on business to customers or prospective customers of those persons for use in obtaining goods or services from those persons on credit;

        debit card means an article intended for use by a person in obtaining access to an account held by the person for the purpose of withdrawing or depositing cash or obtaining goods or services;

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



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