CTHRepealedAct
Australian Securities and Investments Commission Act 1989
12DLUnsolicited debit cards
Start here
Get a plain-English read of 12DL
Turn the raw legal text into a practical explanation grounded in Australian Securities and Investments Commission Act 1989.
#### 12DL Unsolicited debit cards
(1) A corporation must not send a person:
(a) a debit card that allows access to an account that is a financial product; or
(b) an article that may be used as a debit card of that kind;
except in accordance with subsection (2).
(2) A corporation may send the person the card:
(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 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 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.
(3) Subsection (1) applies only in relation to the sending of a card by or on behalf of the person who issued the card.
(4) A corporation must not take any action that enables a person who has a credit card to use the card as a debit card except in accordance with a request in writing by the person.
(5) In this section:
> article includes a token, card or document.
> credit card means:
(a) any article of a kind commonly known as a credit card; or
(b) any similar article intended for use in obtaining cash, goods or services on credit;
and includes any 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.
> debit card means an article intended for use by a person in obtaining access to an account that is:
(a) held by the person for the purpose of withdrawing or depositing cash or obtaining goods or services; and
(b) a financial product.