89CApplication of Division 3A of Part 3‑2 of the Australian Consumer Law to gift cards

#### 89C Application of Division 3A of Part 3‑2 of the Australian Consumer Law to gift cards Gift cards to be redeemable for at least 3 years—gift cards and supplies to which requirement does not apply (1) For the purposes of paragraph 99G(a) of the Australian Consumer Law, section 99B and paragraph 99F(1)(b) of the Australian Consumer Law do not apply to: (a) a gift card of a kind that: (i) is only redeemable for a particular good or service that is only available for a specified period; and (ii) ceases to be redeemable at the end of that specified period; or (b) a gift card of a kind that: (i) is only redeemable for a particular good or service; and (ii) is supplied at a discount on the market value of the good or service that a reasonable person would consider to be a genuine discount on the market value of the good or service. (2) For the purposes of paragraph 99G(c) of the Australian Consumer Law, section 99B and paragraph 99F(1)(b) of the Australian Consumer Law do not apply in relation to gift cards supplied in any of the following circumstances: (a) a gift card supplied as part of a temporary marketing promotion to the purchaser of goods or services in connection with the purchase of the goods or services; (b) a gift card donated for a promotional purpose; (c) a gift card supplied for the purposes of an employee reward scheme; (d) a gift card supplied for the purposes of a customer loyalty program; (e) a gift card supplied in exchange for another gift card if the gift card being supplied and the gift card being exchanged cease to be redeemable at the same time. Supplies of gift cards to which all requirements relating to gift cards do not apply (3) For the purposes of paragraph 99G(c) of the Australian Consumer Law, Subdivision B of Division 3A of Part 3‑2 of the Australian Consumer Law does not apply in relation to: (a) gift cards supplied in these circumstances: (i) a person supplies a gift card in trade or commerce; and (ii) the gift card being supplied has been the subject of an earlier supply in trade or commerce; and (iii) the gift card is being supplied by the person as a second‑hand good; and (iv) the person cannot vary when the gift card ceases to be redeemable; or (b) gift cards supplied to: (i) an entity that is registered under the Australian Charities and Not‑for‑Profits Commission Act 2012 as the subtype of entity mentioned in column 2 of item 3 of the table in subsection 25‑5(5) of that Act (Entity with a purpose of advancing social or public welfare); or (ii) a Department of State of the Commonwealth, a State or a Territory; or (iii) an agency or authority of the Commonwealth, a State or a Territory, except where the functions of the agency or authority are wholly or primarily commercial functions; or (iv) a body established for the purposes of local government by or under a law of a State or Territory.