Australian Capital Territory
Trading Stamps Act 1972
A1972-2
Republication No 1 (RI)
Effective:  3 February 1972 – 28 November 1994
Republication date of printed version: 31 July 1991
Reissued electronically: 12 November 2008
Act not amended
(republication for initial republication 
since self-government)

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication
The republished law
This is a republication of the Trading Stamps Act 1972 effective 3 February 1972 to 28 November 1994.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

trading stamps act 1972
Reprinted as at 31 July 1991
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	3.	Prohibited schemes
	4.	Promoters of prohibited schemes to be guilty of an offence
	5.	Supplying trading stamps to retailers
	6.	Offence of supply or providing goods or services in pursuance of a prohibited scheme
	7.	Offences by persons who sell goods to retailers
	8.	Offences by retailers

An Act Relating to Trading Stamps
Short title
1.  This Act may be cited as the Trading Stamps Act 1972.1
Interpretation
2.  In this Act, unless the contrary intention appears—
“coupon” includes a stamp, label, cover, ticket, token or device;
“customer” means a person to whom a retailer sells in the Territory goods by retail or for whom a retailer provides in the Territory services;
“retailer” means a person who, in the course of a business carried on by him in the Territory—
	(a)	sells goods by retail;
	(b)	provides services; or
	(c)	sells goods by retail and provides services;
“the Territory” includes the Jervis Bay Territory;
“trading stamp” means a coupon used or intended to be used in carrying out a prohibited scheme.
Prohibited schemes
3.  (1)  In this Act, a reference to a prohibited scheme shall, subject to the next succeeding subsection, be read as a reference to a scheme or arrangements, whether to be carried out wholly within the Territory or partly within and partly outside the Territory, under which—
	(a)	retailers supply or may supply, whether or not for consideration, to customers coupons sold or otherwise supplied to the retailer by another persons; and
	(b)	at the time when the coupons are, or are to be supplied to a customer, the customer is or is to be—
	(i)	promised, either expressly or by implication; or
	(ii)	led to understand,
that, if the customer surrenders or produces to a particular person a number of the kind of coupons to which the scheme or arrangements relate, the customer will be able to obtain, whether with or without payment of money or other consideration, goods or services.
(2)  A scheme or arrangements shall not be taken to be, for the purposes of this Act, a prohibited scheme if—
	(a)	each coupon used or intended to be used in carrying out the scheme or arrangements is a coupon attached to goods, or forms part of the package in which goods are packed, when they are purchased by retailers; and
	(b)	no person other than the manufacturer or a wholesaler of the goods, a person who has packed the goods, a retailer of the goods or a customer who has purchased the goods is, or is represented to be, a party to the scheme or arrangements.
Promoters of prohibited schemes to be guilty of an offence
4.  (1)  Subject to the next succeeding subsection, a person shall not do any act or thing for the purpose of promoting in the Territory a prohibited scheme.
Penalty:  One thousand dollars.
(2)  A retailer who does an act or thing that is an offence against section 8 of this Act is not guilty of an offence against the last preceding subsection.
Supplying trading stamps to retailers
5.  A person shall not, whether within or outside the Territory, supply trading stamps to a retailer.
Penalty:  One thousand dollars.
Offence of supply or providing goods or services in pursuance of a prohibited scheme
6.  A person shall not, within the Territory—
	(a)	supply or provide;
	(b)	undertake to supply or provide; or
	(c)	hold himself out as being prepared to supply or provide,
goods or services in pursuance of a prohibited scheme.
Penalty:  One thousand dollars.
Offences by persons who sell goods to retailers
7.  A person shall not, whether within or outside the Territory—
	(a)	require, as a condition subject to which he sells or will sell goods to a retailer, that the retailer purchase or issue trading stamps; or
	(b)	in connexion with the sale or proposed sale of goods to a retailer, induce or endeavour to induce the retailer to purchase or issue trading stamps.
Penalty:  One thousand dollars.

Offences by retailers
8.  A retailer shall not—
	(a)	in the course of carrying on his business, supply trading stamps to a customer; or
	(b)	hold himself out as a person who is prepared, in the course of carrying on his business, to supply trading stamps to his customers.
Penalty:  Five hundred dollars.

NOTE
1.	Act No. 2, 1972; notified in Commonwealth of Australia Gazette on 3 February 1972; commenced on 3 February 1972.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.

©  Australian Capital Territory 2008