Sch 2 s 161Unsolicited cards etc.

161 Unsolicited cards etc.

(1) A person commits an offence if:

(a) the person sends a credit card or a debit card, or an article that may be used as a credit card and a debit card, to another person; and

(b) either:

(i) the person had issued the card; or

(ii) the card was sent on behalf of the person who had issued the card.

(2) Subsection (1) does not apply if the person sends the card to the other person:

(a) pursuant to a written request by the person who will be under a liability to the person who issued the card or article in respect of the use of the card or article; or

(b) in renewal or replacement of, or in substitution for:

(i) a card or article of the same kind previously sent to the other person pursuant to a written request 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 or article of the same kind previously sent to the other person and used for a purpose for which it was intended to be used.

(3) A person commits an offence if the person takes any action that enables another person who has a credit card to use the card as a debit card.

(4) A person commits an offence if the person takes any action that enables another person who has a debit card to use the card as a credit card.

(5) Subsection (3) or (4) does not apply if the person takes the action in accordance with the other person’s written request.

(6) Subsections (1), (3) and (4) are offences of strict liability.

Penalty

(7) An offence against subsection (1), (3) or (4) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:

(a) $100,000,000;

(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;

(c) if the court cannot determine the value of that benefit—30% of the body corporate’s adjusted turnover during the breach turnover period for the offence.

(8) An offence against subsection (1), (3) or (4) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.