For more information, view our Telemarketing page. If the book costs more than $100, the supplier (usually a telemarketer) must give you a written contract, including a cooling-off period. The supplier cannot leave out information – for example, failing to disclose that a ‘free’ offer is actually conditional on another purchase. Under the Australian Consumer Law and Fair Trading Act 2012, the supplier cannot mislead consumers about the nature, characteristics, suitability for purpose, and quantity of goods or services. Promotional vouchers and discount couponsĪ business may offer discounts or free entitlements through a book of coupons or vouchers – provided consumers know exactly what they are purchasing. For more information, view our Insolvency page. In this situation, the consumer becomes an ‘unsecured creditor’ of the previous company. If the company operating the business has been liquidated, the new owner may have only purchased the assets of the business and is not obliged to honour existing gift cards or vouchers. If the new owner refuses to honour a gift card or voucher in these circumstances, consumers can contact us, or make a complaint. previously owned by a company rather than an individual, and the new owner purchased the shares in the company.the assets and liabilities of the business were sold by the previous owner to the new owner) The new owner must honour existing gift cards and vouchers if the business was: Using a gift card or voucher when the business changes owners However, as it is also a requirement to display an expiry date under the ACL, you may also view our Resolve your problem or complaint section. If the gift card or voucher does not have an expiry date (including an activation expiry date), the consumer may use it for a reasonable length of time after it was originally purchased.Īs it is a requirement of ASIC’s licencing exemptions for a gift card to display an expiry date, you may wish to lodge a complaint with ASIC, as above, if a gift does not display an expiry date. Using a gift voucher or gift card that does not display an expiry date Using a gift voucher or gift card after the expiry dateĪ business is not obliged to honour a gift card or voucher after the expiry date, unless otherwise negotiated. ASIC’s Customer Contact Centre on 1300 300 630.If you think a gift card does not meet the requirements of ASIC’s exemption (such as disclosure of the expiry date), you can lodge a complaint with ASIC about non-compliant gift cards via:Ĭonsumers can lodge a complaint with ASIC about non-compliant gift cards via: For more information, visit ASIC Corporations (Non-cash Payment Facilities) Instrument 2016/211 on the Federal Register of Legislation website. If a business does not comply with these requirements, it cannot rely on ASIC’s exemption and must follow the more extensive requirements for non-cash payment facilities (such as licensing requirements) listed in the Corporations Act 2001. Australian Securities and Investments Commission requirements There are penalties for a breach of these laws so if you suspect that a business is not complying with these requirements you can contact us by following the steps in our Resolve your problem or complaint section. However, businesses can still charge other fees to cover the cost of processing a payment such as fees for payment by credit card, replacing a lost or damaged card or overseas transactions fees. These include activation, account keeping and balance enquiry fees. were sold before 1 November 2019 (the expiry date at the time of purchase will apply).īusinesses cannot charge post-purchase or administration fees that reduce the value of the gift card.are given to customers in a limited promotion (for example: valid in-store today).are sold for a good or service at a genuine discount.Gift cards and vouchers are not covered by the three-year period if they: If the card has an earlier expiry date written on it and is sold after this date, consumers will still get the mandatory three-year period. The Australian Consumer Law (ACL) was amended in 2019 to provide additional protections for consumers regarding gift cards.įrom 1 November 2019, gift cards and vouchers must be sold with a minimum three year expiry period and must clearly show the expiry date. Laws applying to gift vouchers and gift cards Gift cards and the Australian Consumer Law
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