Application of new credit card rules

The credit card provisions of the National Consumer Credit Protection Amendment (Home Loans and Credit Cards) Act 2011 commence on 1 July 2012.

Do they apply to debit cards with attached overdrafts or lines of credit?

Whilst the debit card functions are not affected, when the card is used to obtain credit under a continuing credit contract the new rules may apply.

Section 133BA(1) defines “credit card contract”:
“(1) A credit card contract is a continuing credit contract under which credit is ordinarily obtained only by the use of a credit card.”

Section 133BA(2) defines “credit card”:
“(2) A credit card is:
(a) a card of a kind commonly known as a credit card; or
(b) a card 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; or
(c) anything else that may be used as a card referred to in paragraph (a) or (b). ”

Section 133BA(5) says:
(5) If a credit card can also be used in other ways (for example, as a debit card, or to access other accounts):
(a) the article is a credit card (despite the fact that it can also be used in those other ways); but
(b) the provisions of this Act that are expressed to apply in relation to credit cards do not apply to the article in so far as it can be used in those other ways.”

In other words it is a credit card if it can be used to obtain credit (and that is ordinarily the only way the overdraft or line of credit is accessed) but if it can be used for other things (such as to debit a savings account) those other uses are not affected.

 

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