{"id":"consumer-affairs-and-fair-trading-trading-stamps-regulations-2002","name":"CONSUMER AFFAIRS AND FAIR TRADING (TRADING STAMPS) REGULATIONS 2002","slug":"consumer-affairs-and-fair-trading-trading-stamps-regulations-2002","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174555,"registerId":"nt-consumer-affairs-and-fair-trading-trading-stamps-regulations-2002-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CONSUMER AFFAIRS AND FAIR TRADING (TRADING STAMPS) REGULATIONS 2002","content":"NORTHERN TERRITORY OF AUSTRALIA\nCONSUMER AFFAIRS AND FAIR TRADING (TRADING STAMPS)\nREGULATIONS 2002\nAs in force at 1 December 2002\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Conditions in relation to promoters .................................................. 2\n5 Conditions in relation to suppliers of goods and services ................ 2\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 December 2002\n____________________\nCONSUMER AFFAIRS AND FAIR TRADING (TRADING STAMPS)\nREGULATIONS 2002\nRegulations under the Consumer Affairs and Fair Trading Act 1990\n1 Citation\nThese Regulations may be cited as the Consumer Affairs and Fair\nTrading (Trading Stamps) Regulations 2002.\n2 Commencement\nThese Regulations come into effect on the date fixed by the\nMinister by notice in the Gazette.\n3 Definitions\nIn these Regulations:\nbrochure, in relation to a third-party trading scheme, means a\nbrochure for the scheme that satisfies the requirements of\nregulation 4(3).\nparticipating retailer, in relation to a third-party trading scheme,\nmeans a person who:\n(a) supplies goods or services as a party to the scheme; and\n(b) is named as a participating retailer in the brochure for the\nscheme,\nand includes, in the case of a participating retailer that is a body\ncorporate, all related bodies corporate within the meaning of the\nCorporations Act 2001.\npromoter of a third-party trading scheme includes, if the\npromoter is a body corporate, all related bodies corporate within the\nmeaning of the Corporations Act 2001.\n\nConsumer Affairs and Fair Trading (Trading Stamps) Regulations 2002 2\n4 Conditions in relation to promoters\n(1) For the purposes of Part 9 of the Act, the requirements of this\nregulation are conditions that are to be complied with by promoters\nof third-party trading schemes.\n(2) A promoter of a third-party trading scheme must maintain an office\nin Australia at which:\n(a) brochures for the scheme are supplied on request to members\nof the public;\n(b) the requirements of members of the scheme and participating\nretailers may be dealt with; and\n(c) records are kept relating to the operation of the scheme.\n(3) A brochure for a third-party trading scheme is to contain:\n(a) all terms and conditions of the scheme; and\n(b) if the scheme provides entitlements to travel – a table setting\nout the places to which travel may take place and the number\nof points required to be obtained, or other requirements to be\nsatisfied, by a member in order to become entitled to travel\nunder the scheme.\n(4) A promoter of a third-party trading scheme must, at the request of a\nmember of the public, supply to him or her, free of charge, a\nbrochure for the scheme.\n(5) A third-party trading scheme is not to take effect in relation to a\nperson on the acceptance by the person of a brochure for the\nscheme.\n(6) A promoter of a third-party trading scheme must give to members of\nthe scheme at least 3 months notice of a proposed suspension or\ndiscontinuance of the scheme.\n(7) A promoter of a third-party trading scheme must not sell or\notherwise dispose of or make available to a person (other than a\nparticipating retailer) any information about a member of the\nscheme.\n5 Conditions in relation to suppliers of goods and services\n(1) For the purposes of Part 9 of the Act, the requirements of this\nregulation are conditions that are to be complied with by\nparticipating retailers for a third-party trading scheme.\n\nConsumer Affairs and Fair Trading (Trading Stamps) Regulations 2002 3\n(2) A participating retailer for a third-party trading scheme must take all\nreasonable steps to ensure that brochures for the scheme are\navailable for inspection at each retail outlet at all places in the retail\noutlet where application forms for membership of the scheme are\navailable to members of the public.\n(3) If a participating retailer for a third-party trading scheme does not\nhave brochures for the scheme to distribute to members of the\npublic, he or she must provide the telephone number of the office\nreferred to in regulation 4(2) to a member of the public who wishes\nto obtain a brochure for the scheme.\n(4) A participating retailer for a third-party trading scheme must not sell\nor otherwise dispose of or make available any information about\nparticular members of the scheme that is acquired pursuant to the\nscheme.\n(5) Subregulation (4) does not apply in relation to information provided\nfor the purposes of the scheme to:\n(a) a promoter of the scheme; or\n(b) employees or agents of the participating retailer.\n\nENDNOTES\nConsumer Affairs and Fair Trading (Trading Stamps) Regulations 2002 4\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nConsumer Affairs and Fair Trading (Trading Stamps) Regulations (SL No. 46, 2002)\nNotified 20 November 2002\nCommenced 1 December 2002 (Gaz G47, 27 November 2002, p 7)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: r 1.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: regulating trading stamp and loyalty schemes under Part 9 of the Consumer Affairs and Fair Trading Act 1990. The scope has not expanded beyond basic consumer protection measures for these specific programs."},"complexity_factors":["Only 5 regulations total, with minimal cross-referencing","Just 3 defined terms in the interpretation section (brochure, participating retailer, promoter)","Simple conditional logic — only one exception (subregulation 5(5) exempts certain information sharing from the privacy rule)","No nested exceptions or complex definitional chains","Straightforward structure: definitions, promoter obligations, retailer obligations","Minimal interaction with other legislation — only references Corporations Act 2001 for 'related bodies corporate' definition"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set rules for businesses that run \"third-party trading schemes\" — better known as loyalty programs or trading stamp schemes (think FlyBuys, frequent flyer points, or old-fashioned Green Shield stamps). They ensure these programs operate fairly and transparently for consumers.\n\n**Who it affects:**\n\n- **Promoters** — the companies running the loyalty schemes (e.g., the head company coordinating the program)\n- **Participating retailers** — shops and businesses that sign up to offer points/stamps to customers\n- **Consumers** — people who join these schemes to collect points or stamps\n\n**Key requirements:**\n\n**For promoters (the scheme operators):**\n- Must maintain an Australian office where consumers can get information, complain, and where records are kept\n- Must provide free brochures explaining all terms and conditions\n- Must give 3 months' notice before shutting down or suspending the scheme\n- Cannot sell or give away members' personal information to outsiders\n- If the scheme offers travel rewards, must publish clear tables showing how many points are needed for each destination\n- Just handing someone a brochure doesn't mean they've joined the scheme\n\n**For participating retailers (the shops):**\n- Must make scheme brochures available where people sign up\n- If they run out of brochures, must give out the promoter's phone number\n- Cannot sell or share member information they collect through the scheme (except with the promoter or their own staff/agents)\n\n**Why it matters:**\n\nThese rules protect consumers from dodgy loyalty schemes that might suddenly disappear, hide important terms, or misuse personal data. They ensure people know what they're signing up for and have time to use their points if a scheme is closing down."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations do not change who is captured by Part 9 of the Consumer Affairs and Fair Trading Act; they set conditions to be complied with by promoters and participating retailers for the purposes of Part 9 (regs 4(1), 5(1)). They specify administrative, disclosure and data‑handling duties but do not expand or narrow the categories of persons covered by the Act."},"complexity_factors":["Narrow subject matter: only trading‑stamp schemes (limited number of operative provisions) which reduces structural complexity.","Clear allocation of obligations between promoters and participating retailers (regs 4(1) and 5(1)), lowering interpretation burden.","Definitions that adjust coverage (brochure, participating retailer, promoter) require checking cross‑references to Corporations Act for 'related bodies corporate' status (reg 3).","Operational requirements with measurable duties (office in Australia, record‑keeping, brochure content and supply, 3 months' notice) create compliance tasks but are administratively straightforward (regs 4(2)–(6), 4(3), 4(4), 4(6)).","Data‑handling limits and narrow exceptions create legal constraints and limited discretion (prohibition on selling member information, with exceptions — regs 4(7), 5(4)–(5)).","Interplay with Part 9 of the parent Act: enforcement, penalties and remedies are determined by the Act rather than these Regulations (regs 4(1), 5(1)), requiring practitioners to consult both instruments."],"plain_english_summary":"These Regulations prescribe mandatory conditions for promoters and participating retailers of third‑party trading‑stamp schemes. They require promoters to maintain an Australian office, supply scheme brochures free on request, keep records, give at least three months' notice before suspension or discontinuance, and protect member data; they require retailers to make brochures available, give a contact number if brochures are unavailable, and restrict disclosure of member information.\n\nThey affect scheme promoters, named retailers and scheme members by imposing administrative, disclosure and data‑handling duties that create compliance costs and limit information sharing."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of these regulations has changed from their original intent. They appear to remain focused on their original purpose of regulating trading stamp schemes under consumer affairs and fair trading law, and have been in force since their commencement date of 1 December 2002."},"complexity_factors":["Limited substantive content is visible in the provided text — only metadata and administrative details are shown, making full analysis impossible","Split agency administration (two departments share responsibility for different parts) adds minor structural complexity","The subject matter (trading stamps) is inherently straightforward and niche","As subordinate legislation (regulations under a parent Act), interpretation requires reference to the enabling Act"],"plain_english_summary":"These regulations govern the use of trading stamps — promotional tokens or loyalty coupons retailers issue and customers redeem — setting rules for how schemes must operate, required disclosures, redemption mechanics, and business obligations. They affect businesses running stamp schemes, retailers issuing stamps, and participating consumers, and aim to protect consumers from unfair or misleading loyalty schemes; oversight is split between two government departments."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/consumer-affairs-and-fair-trading-trading-stamps-regulations-2002","history":"/api/acts/consumer-affairs-and-fair-trading-trading-stamps-regulations-2002/history","analysis":"/api/acts/consumer-affairs-and-fair-trading-trading-stamps-regulations-2002/analysis","conflicts":"/api/acts/consumer-affairs-and-fair-trading-trading-stamps-regulations-2002/conflicts","importantCases":"/api/acts/consumer-affairs-and-fair-trading-trading-stamps-regulations-2002/important-cases","documents":"/api/acts/consumer-affairs-and-fair-trading-trading-stamps-regulations-2002/documents"}}