Gift card amendments commence

Gift card amendments to the Australian Consumer Law (ACL) contained in Division 3A of Part 3-2 inserted by the Competition and Consumer Amendment (Gift Cards) Act 2018 commenced on 1 November 2019. Background.

The changes:

  • mandate minimum three-year expiry dates for gift cards;
  • require gift cards to prominently display expiry dates or the words ‘no expiry date’ if the card will not expire; and
  • prohibit gift card issuers from charging certain post-supply fees, which can erode the balance on a gift card over time and operate as a de facto expiry date.

The amendments apply to gift cards supplied on or after 1 November 2019.

The ACL defines a ‘gift card’ as an article that is commonly known to be a gift card or voucher, whether in physical or electronic form, and is redeemable for goods and services.

The Competition and Consumer Regulations 2010 set out specific exemptions to the gift card laws: Regulations 89A, 89B and 89C.

A gift card does not include credit, charge and debit cards, public transport cards or loyalty cards.

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