Any gift cards purchased on or after 1 November 2019 must be redeemable for at least 3 years after the day they were purchased or supplied.

If the expiry date is shown as a period of time it must also include the date it was supplied or purchased, so you can determine the expiry date.

If there is no expiry date, this must be stated on the gift card.

The display requirement does not apply to second-hand gift cards.

The three year requirement does not apply to gift cards that are:

• able to be reloaded or topped up
• donated for promotional reasons
• available only for a specified period
• supplied at a genuine discount
• part of an employee reward program
• second-hand gift cards
• part of a temporary marketing promotion.

For more information including a list of exceptions, visit the Australian Consumer Law's New Gift Card Laws webpage.

Gift cards purchased after 1 November 2019 must not contain post-purchase fees.  A post-purchase fee is a cost or charge that would reduce the gift card's value after it has been supplied or purchased.  This includes fees such as activation, account keeping and balance enquiry fees.

The post-purchase fee requirement does not apply to second hand gift cards.

Post-purchase fees do not include fees and charges a trader can charge normally as part of a transaction such as:

• booking fees, where those booking fees are the same, or substantially the same, as fees or charges for making a booking using a payment method other than a gift card;
• overseas transaction fees (foreign currency exchange);
• fees to replace a lost, stolen or damaged gift card; and
• payment surcharges.

If you believe a business is not complying with the terms of a gift card or voucher, you may wish to lodge a complaint.

If a business changes owners, the new owner does not have to honour existing gift cards and vouchers. However, they may do so if the business was:

• sold as a ‘going concern’ (in other words the assets and liabilities of the business were sold by the previous owner to the new owner); or
• previously owned by a company rather than an individual, and the new owner purchased the shares in the company.

If the new owner refuses to honour a gift card in these circumstances, consumers can contact the Consumer Protection by calling the Advice Line on 1300 304 054, sending an email or making a complaint.

If the company operating the business has been liquidated, the new owner may have only purchased the assets of the business and is not obliged to honour existing gift cards. In this situation, the consumer becomes an ‘unsecured creditor’ of the previous company.

If you are unable to use a gift card because of changes in the business or if it is lost or stolen and you bought the gift card with a credit card you may be able to receive a chargeback from your bank. Check with your bank about their purchase security insurance. Terms and conditions will apply for example you may need to make a claim within a certain time frame and provide proof of purchase.

The maximum penalty for a breach of the rules for gift cards is $30,000 for a body corporate and $6,000 for an individual. 

The ACCC can issue an infringement notice where they have reasonable grounds to believe a breach of the gift card provisions has occurred. Current infringement notice penalties for the gift card provisions are $12,210 for a corporation and $2,442 for an individual.