In NSW, most gift cards and vouchers must be sold with a minimum expiry period of 3 years. Gift cards and vouchers cannot apply post-purchase administration fees.
These requirements apply to gift cards and vouchers sold from 31 March 2018. Cards and vouchers sold before 31 March 2018 continue to have the same expiry period and applicable fees as at the time of purchase.
The NSW minimum requirements do not apply in a number of circumstances including where the gift card is given to a consumer for free.
The following classes and types of gift cards are excluded from the requirements:
(a) an ATM card, charge card, credit card or debit card,
(b) a reloadable prepaid card,
(c) a non-reloadable prepaid card sold during the period commencing on 31 March 2018 and ending at the end of 30 September 2018,
(d) a card or voucher redeemable only for phone credit, internet access or any other utility,
(e) a card or voucher supplied in substitution for goods returned to the supplier of the goods,
(f) a card or voucher supplied as part of a customer loyalty or employee rewards program,
(g) a card or voucher 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,
(h) a card or voucher sold for use in a fundraising appeal within the meaning of the Charitable Fundraising Act 1991,
(i) a card or voucher redeemable only for a particular good or service available for a limited period (such as entry to an exhibition or a live performance) that expires at the end of that period,
(j) a card or voucher redeemable only for a particular good or service that is sold 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.