BASICSCARD MERCHANT TERMS

Version date: May 2017

1. About these Merchant Terms

1.1 These Merchant Terms form part of the BasicsCard Agreement, together with the Merchant Application and any Special Conditions referred to in the Approval Letter.

1.2 The BasicsCard Agreement sets out the basis on which the Merchant agrees with the department to participate in the BasicsCard Scheme. The Merchant must comply with the BasicsCard Agreement.

1.3 To the extent of any inconsistency between the terms of the components of the BasicsCard Agreement, the following order of precedence will apply (highest to lowest):

(a) any Special Conditions referred to in the Approval Letter

(b) these Merchant Terms, then

(c) the Merchant Application.

1.4 In addition to complying with the BasicsCard Agreement, the Merchant must also comply with any instructions provided by the department in relation to the Merchant's participation in the BasicsCard Scheme.

1.5 The terms of the BasicsCard Agreement are in addition to any terms the Merchant has with its Acquiring Institution.

1.6 The BasicsCard Agreement commences on the date specified by the department in the Approval Letter and remains in force until such time that it is terminated in accordance with these Merchant Terms.

PART A: BASICSCARD TRANSACTIONS

2. Prohibited transactions

2.1 The Merchant must not accept a BasicsCard or process (or continue to process) a BasicsCard Transaction:

(a) for the sale of any Excluded Goods or Excluded Services

(b) to enable a Card Holder to obtain any cash, whether as a “cash out” transaction, a refund transaction (including a refund or any payment arising from the cancellation of an Approved Lay-By) or otherwise

(c) if the Merchant ceases to be Approved as a BasicsCard Merchant, or has its Approval suspended

(d) to enable a Card Holder to acquire a gift card or a store card or voucher

(e) to enable a Card Holder to make internet, mail order or telephone-based purchases

(f) to enable a Card Holder to make a lay-by payment, unless the lay-by is an Approved Lay-By

(g) for the purposes of a pre-payment, unless

(i) the pre-payment is for the purchase of petrol or diesel, to be supplied immediately after the pre-payment is made, or

(ii) the pre-payment is for the purchase of a taxi-cab service, to be supplied immediately after the pre-payment is made

(h) to repay any debt (or part thereof), including an instalment payment under a term credit arrangement for goods or services previously provided to the Card Holder by the Merchant or any third party

(i) where the Merchant is aware or suspects that the person attempting to use the BasicsCard is not the authorised Card Holder, or

(j) where a Merchant becomes aware of, or participates in, any fraudulent use of the BasicsCard.

3. Merchant’s general obligations at Stores

3.1 At each Store, the Merchant must:

(a) honour a valid BasicsCard tendered by a Card Holder in exchange for the supply of Eligible Goods and Services (subject to the terms of the BasicsCard Agreement, any legal right the Merchant may have to refuse to serve a customer and the availability of the Payment System)

(b) provide an EFTPOS record for each BasicsCard Transaction to the Card Holder at the time of the BasicsCard Transaction

(c) not retain possession of a Card Holder’s BasicsCard (whether for the convenience of the Card Holder, in connection with an Approved Lay-By or for any other reason) or keep a record of their PIN, even if requested by the Card Holder

(d) not accept a Card Holder’s BasicsCard as security, collateral, or assurance or process a BasicsCard Transaction for any credit or loan provided by the Merchant to any person, including as part of a Book-Up Arrangement

(e) ensure that instructions and information entered into the Payment System by the Merchant through the Merchant Terminal are correct and reflect the underlying BasicsCard Transaction

(f) not impose any charge or fee on a Card Holder, in addition to the price of the goods and services to be supplied, because the Card Holder has made a BasicsCard Transaction, unless the Merchant imposes that same charge or fee on all EFTPOS card transactions it processes

(g) not impose a minimum spend for a BasicsCard Transaction of more than $5

(h) ensure that any refund in relation to a BasicsCard Transaction (including a payment arising from the cancellation of an Approved Lay-By), is processed as a refund transaction for the full refund amount to the Card Holder’s BasicsCard through the Payment System, with no amount refunded as cash

(i) not use a Merchant Terminal outside of a Store unless the department has approved the Merchant to use that device or equipment outside of a Store

(j) not allow the use of a Merchant Terminal to process a BasicsCard Transaction for goods and services not sold by the Merchant's Store

(k) unless otherwise agreed by the department in writing, display, in all Stores, the posters, stickers and other display material provided by the department to the Merchant, in accordance with any instructions for display notified by the department

(l) not process a BasicsCard Transaction if to do so would result in the BasicsCard Transaction being processed through the Payments System more than once

(m) not process a BasicsCard Transaction contrary to any messages displayed on the Merchant Terminal (other than as set out in sub-clause (n) below)

(n) not process a BasicsCard Transaction where the Merchant Terminal displays a message advising that a BasicsCard Transaction is “approved with signature”

(o) not process a BasicsCard Transaction if the Merchant is aware that the Merchant Terminal or the Payment System is not online or is not functioning correctly

(p) not process a BasicsCard Transaction using a handwritten voucher or an imprint machine (also known as a “click-clack” machine), and

(q) make all reasonable efforts to resolve disputes with a Card Holder in relation to the use of a BasicsCard.

4. Additional obligations for Merchants that sell Excluded Goods or Excluded Services

4.1 A Merchant that sells or provides Excluded Goods or Excluded Services must:

(a) provide an Itemised Receipt and the corresponding EFTPOS record for each BasicsCard Transaction to the Card Holder at the time of the BasicsCard Transaction, and

(b) keep Itemised Receipts of each BasicsCard Transaction filed in an ordered and auditable filing system, for at least two years after the date of the BasicsCard Transaction.

5. Approved Lay-Bys

5.1 The Merchant may accept a BasicsCard and process a BasicsCard Transaction to make a payment for an Approved Lay-By.

5.2 An Approved Lay-By is a purchase of goods from the Merchant based on terms that the total price is paid over time in regular payments with the goods received by the Card Holder upon completion of the final payment, and where the Merchant provides to the Card Holder:

(a) a document setting out the Merchant’s terms and conditions of the lay-by service, and

(b) a detailed lay-by docket for the particular lay-by purchase of goods stating

(i) the deposit amount

(ii) the duration of the lay-by period

(iii) the frequency and minimum amount of payments required, and

(iv) the Merchant’s lay-by cancellation policy (including refunds of deposits or any payments made).

6. Transactions processed in breach of the BasicsCard Agreement

6.1 Upon becoming aware that an Invalid Transaction has occurred, the Merchant must:

(a) notify the department that an Invalid Transaction has occurred (and provide details of the Invalid Transaction), and

(b) use reasonable efforts to credit back to the Card Holder the Invalid Transaction Amount via the Payment System within a reasonable timeframe.

6.2 If, for any reason, an Invalid Transaction Amount is not able to be credited back to the Card Holder by the Merchant, the department may issue a notice to the Merchant requiring payment of the Invalid Transaction Amount to the department.

6.3 The Merchant must comply with a notice under clause 6.2, unless the Merchant can provide acceptable evidence to the department within 30 days of the date of the notice confirming that the Invalid Transaction was incorrectly identified as an Invalid Transaction.

PART B: OTHER MERCHANT OBLIGATIONS

7. Merchant Personnel

7.1 It is the Merchant's responsibility to ensure that all Merchant Personnel conduct BasicsCard Transactions in accordance with the Merchant's obligations under the BasicsCard Agreement.

7.2 The Merchant is answerable to the department for any breach of its obligations under the BasicsCard Agreement by Merchant Personnel.

7.3 The Merchant acknowledges that a breach of its obligations under the BasicsCard Agreement by Merchant Personnel may result in the withdrawal of the Merchant's BasicsCard Approval.

8. Compliance measures

8.1 The Merchant must:

(a) take all reasonable steps to implement systems, processes and training to give effect to its obligations under the BasicsCard Agreement

(b) conduct staff training to ensure that, at all times, Merchant Personnel who may process BasicsCard Transactions and/or who are in a managerial role at any Store, understand the Merchant’s obligations under the BasicsCard Agreement and how to conduct BasicsCard Transactions in compliance with the BasicsCard Agreement

(c) ensure that any other person it contracts to operate a Store, or that it allows to use its In-Store Facility

(i) understands the Merchant’s obligations under the BasicsCard Agreement and how to conduct BasicsCard Transactions in compliance with the BasicsCard Agreement, and

(ii) complies with the BasicsCard Agreement, and

(d) if requested by the department, provide evidence of its systems, processes and training undertaken to ensure compliance with the BasicsCard Agreement within 10 Business Days of the date of the request.

9. Remediable breaches by Merchant

9.1 If the department forms the view that the Merchant has breached any provision of the BasicsCard Agreement in a way that is capable of being remedied, without limiting any of the department’s rights or remedies, the department may issue a Remedy Notice to the Merchant.

9.2 The Merchant must remedy any breach notified in a Remedy Notice to the satisfaction of the department within the period specified in the Remedy Notice.

10. Liability, costs and charges

Acquisition and settlement of BasicsCard Transactions

10.1 The Merchant must rely on its In-Store Facility and its Acquiring Institution for the acquisition and settlement of BasicsCard Transactions.

10.2 The department is not responsible or liable to acquire or settle any BasicsCard Transactions for the Merchant.

The department not liable

10.3 The department is not liable for any loss incurred by the Merchant, however caused, arising directly or indirectly as a result of:

(a) the Merchant’s inability to process a sale or refund transaction using a BasicsCard, or

(b) delays in the Merchant’s ability to process a sale or refund transaction using a BasicsCard.

Costs and charges

10.4 The Merchant is responsible for any fees, charges, costs or expenses it incurs associated with processing BasicsCard Transactions and/or its compliance with the BasicsCard Agreement.

11. Notification events

Events requiring immediate notification

11.1 The Merchant must notify the department immediately if the Merchant:

(a) suspects or becomes aware that a BasicsCard has been used, or attempted to be used, at a Store in a fraudulent manner or contrary to any term or condition in the BasicsCard Agreement

(b) becomes aware of any technical or operational error in relation to a BasicsCard, or

(c) becomes aware that one or more of its Merchant Terminals approved for BasicsCard is unable to process a BasicsCard Transaction or is otherwise not functioning correctly.

Other notification events

11.2 The Merchant must notify the department promptly (and in any event within one (1) Business Day) after the occurrence of any of the following:

(a) the Merchant has commenced selling Excluded Goods or Excluded Services, or the Merchant’s annual revenue from the sale of Excluded Goods or Excluded Services has

changed substantially since the Merchant applied for BasicsCard Approval or last reported to the department

(b) the Merchant’s annual revenue from the sale of Excluded Goods or Excluded Services in dollar value in the last financial year constituted 50% or more of the Merchant’s total annual revenue

(c) the Merchant changes its Acquiring Institution from the acquiring institution nominated in the Merchant Application or otherwise reported to the department, or changes the nature of its In-Store Facility

(d) the business activity or activities specified by the Merchant in the Merchant Application or as last reported to the department are no longer the Merchant’s main business activity or activities

(e) any change in the Merchant’s business contact details

(f) if any of the information contained in the Merchant Application or previously reported to the department becomes incorrect or misleading in any respect

(g) if a Merchant Terminal is used outside of a Store without the department's prior approval

(h) there is any change in the direct or indirect beneficial ownership or control of the business

(i) it disposes of the whole or any part of its assets, operations or business to the extent that such assets, operations or business include one or more Stores

(j) it ceases to carry on business or closes one or more Stores

(k) it ceases to be able to pay its debts as they become due

(l) any step is taken by a mortgagee to take possession or dispose of the whole or any part of its assets, operations or business

(m) any step is taken to enter into any arrangement between the Merchant and its creditors

(n) any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any part of its assets or business

(o) where the Merchant is a partnership, any step is taken to dissolve that partnership

(p) the Merchant becomes aware that it or any of its Merchant Personnel have

(i) become the subject of an investigation by a Regulatory Body, or

(ii) had an adverse decision made against them by a Regulatory Body

(q) where the Merchant is required to maintain a Community Store Licence and the Merchant has failed to maintain the Community Store Licence.

12. Changes to a Merchant’s EFTPOS system

12.1 If a Merchant advises the department that there have been changes to its EFTPOS system, the department will:

(a) ascertain what the change is and the reason for the change

(b) record the

(i) Store name, ID (if known) and location

(ii) Merchant’s contact details

(iii) date of deactivation and/or activation, and

(iv) details of the ‘Acquirer ID’ (if changing acquirers), ‘Card Acceptor ID’ and ‘Terminal ID(s)’, and

(c) advise the Card Transaction Provider of the new details.

PART C: COMPLIANCE REVIEW

13. Compliance review

Compliance review

13.1 The department, the Australian National Audit Office (ANAO), or a person nominated by the department, may conduct a compliance review of the Merchant’s compliance with its obligations under the BasicsCard Agreement, including in relation to:

(a) the Merchant’s processes, practices and procedures related to their participation in the BasicsCard Scheme

(b) the quality and accuracy of the Merchant’s records and reports in relation to the BasicsCard Agreement, or

(c) any other matters reasonably determined by the department to be relevant to the Merchant’s compliance with the BasicsCard Agreement and/or participation in the BasicsCard Scheme.

13.2 A compliance review may be carried out without prior notice to the Merchant.

Access

13.3 In the course of conducting a compliance review, the department (including its officers, agents or a person nominated by the department in accordance with this clause 13.3) or the ANAO may, during normal business hours and on giving reasonable notice to the Merchant:

(a) access the premises of the Merchant

(b) inspect and copy documentation, books and records, however stored, relating to BasicsCard Transactions or the Merchant’s performance of its obligations under the BasicsCard Agreement, and/or

(c) require assistance in respect of any enquiry into or concerning the Merchant's compliance with the BasicsCard Agreement and/or participation in the BasicsCard Scheme.

13.4 The Merchant must comply with any request made in respect of the powers in clause 13.3, including by providing access to its records (including providing use of any device necessary for access).

13.5 For the purpose of conducting a compliance review, the department or the ANAO may request additional information from the Merchant, and the Merchant must respond to any such request for information within 10 Business Days or any other period specified in the request.

Compliance review costs

13.6 If the outcome of the compliance review is that the Merchant has breached the BasicsCard Agreement, the department may, by notice to the Merchant, require the Merchant to reimburse the department for the reasonable costs incurred in conducting the compliance review.

PART D: SUSPENSION, WITHDRAWAL & TERMINATION OF MERCHANT APPROVAL

14. Suspension of Approval

14.1 By giving written notice to the Merchant, the department may suspend the Merchant’s Approval, and immediately deactivate the Merchant’s access to the BasicsCard Payment System, at its discretion where:

(a) the department has reason to suspect that the Merchant has breached (or may have breached) the BasicsCard Agreement

(b) the department is notified or becomes aware that the Merchant or any of its Merchant Personnel have

(i) become the subject of an investigation by a Regulatory Body, or

(ii) had an adverse decision made against them by a Regulatory Body, or

(c) the department determines, in its absolute and sole discretion, that the Merchant has engaged (or may engage) in conduct that is detrimental to the reputation of the department and/or the BasicsCard Scheme.

14.2 The department will notify the Merchant in writing if its Approval has been suspended, the date the suspension takes effect and the intended duration of the suspension (which may be until further notice).

15. Withdrawal of Approval

Voluntary withdrawal by Merchant

15.1 At any time, the Merchant may voluntarily withdraw from the BasicsCard Scheme by giving the department notice of its intention to withdraw (such notice to be given in accordance with clause 24).

15.2 Upon receiving a notice from the Merchant pursuant to clause 15.1, the department will notify the Merchant of a deactivation date, which can be any date within 20 Business Days of the date of the Merchant's notice of intention to withdraw.

15.3 The Merchant's BasicsCard Approval will terminate on the deactivation date notified to it by the department pursuant to clause 15.2.

Withdrawal of Approval by the department following certain events

15.4 The department may withdraw a Merchant’s Approval to participate in the BasicsCard Scheme at any time where:

(a) the Merchant no longer provides Eligible Goods and Services

(b) the Merchant no longer meets the requirements to be eligible for Approval under section 4 of the Merchant Application due to a change in the Merchant’s circumstances

(c) the Merchant fails to rectify any issues raised in a Remedy Notice to the satisfaction of the department within the period specified in the Remedy Notice

(d) the department forms the view that the Merchant has breached its obligations under the BasicsCard Agreement, and that that non-compliance is not capable of being remedied

(e) the Merchant fails to comply with its obligations under clause 13 of these Merchant Terms

(f) the Merchant does not participate in a compliance review in the manner requested by the department

(g) any information provided by the Merchant to the department is untrue or misleading, or is no longer true due to a change in circumstances, and the Merchant fails to notify the department of this

(h) the Merchant has not processed any BasicsCard Transactions for 12 months

(i) DSS advises the department that a Merchant that was Approved in exceptional circumstances should have its Approval withdrawn

(j) the Merchant is Approved by DSS on a trial basis and the trial period specified by DSS ends

(k) the department is unable to contact the Merchant after having made reasonable attempts to do so, or

(l) the department determines, in its absolute and sole discretion, that the Merchant's continued participation in the BasicsCard Scheme is likely to be detrimental to the reputation of the department and/or the BasicsCard Scheme.

15.5 The department will notify the Merchant in writing of its withdrawal decision.

15.6 If the Merchant’s Approval is withdrawn, the department will include in its decision letter, information about the Merchant’s ability to seek a review of the withdrawal decision.

16. Termination of BasicsCard Agreement

Termination when Approval ceases

16.1 The BasicsCard Agreement will terminate with immediate effect upon the Merchant ceasing to be Approved for the purposes of the BasicsCard Scheme.

16.2 The department will notify the Merchant of a date for the deactivation of the Merchant’s access to the BasicsCard Payment System, which may be the same as or different to the date of termination.

Consequences of termination

16.3 From the time of termination of the BasicsCard Agreement:

(a) the Merchant must not accept a BasicsCard for the purposes of processing a BasicsCard Transaction (even if access to the BasicsCard Payment System has not yet been deactivated)

(b) the Merchant must promptly remove any BasicsCard logo or other BasicsCard display material from each Store

(c) the Merchant must return any Department Material to the department

(d) the Merchant waives all rights to damages, claims or other compensation from the department for any loss it suffers or may suffer as a result of the termination, however caused, and

(e) the accrued rights or remedies of the department and the Merchant (other than as referred to in paragraph (d) above) are not affected.

17. Survival

17.1 Clauses 2.1, 6, 10, 16.3 19, 20, 22 and 23 of these Merchant Terms survive any termination of the BasicsCard Agreement.

PART E: OTHER TERMS

18. Variation

Department’s right to vary the BasicsCard Agreement

18.1 The department may vary all or part of the BasicsCard Agreement either generally for all Merchants or specifically for any particular Merchant by issuing a variation notice.

18.2 A variation notice may be:

(a) published on the department’s website, and/or

(b) issued to the Merchant.

Effective Date of Variations

18.3 A variation under clauses 18.1 and 18.2 takes effect on the date specified in the variation notice.

19. Warranties

Merchant Application Form

19.1 The Merchant represents and warrants to the department that the information contained in the Merchant Application and otherwise provided to the department in accordance with these Merchant Terms, is true and not misleading (by omission or otherwise) as at the time it was submitted to the department.

BasicsCard Transaction information

19.2 The Merchant represents and warrants to the department that all BasicsCard Transaction information provided by the Merchant to the department from time to time is true and complete when provided.

20. Ownership of intellectual property

20.1 The Merchant has no right, title or interest in the Department Material, other than the right to use Department Material for the purpose of performing its obligations under the BasicsCard Agreement.

21. Assignment

21.1 The Merchant cannot assign its rights under the BasicsCard Agreement.

22. Governing law

22.1 The BasicsCard Agreement is governed by the laws in force in the Australian Capital Territory and the Merchant irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the Australian Capital Territory.

23. Privacy

23.1 In connection with the use of a BasicsCard, the Merchant must:

(a) only collect or retain personal information if required to do so by the BasicsCard Agreement or by law

(b) comply with its obligations under relevant secrecy provisions and the Privacy Act 1988 (Cth), and in particular, to protect all information received from misuse, interference and loss, as well as from unauthorised access, modification or disclosure

(c) comply with any directions of the department related to the collection, recording, use or disclosure of customer information

(d) only disclose personal information collected or retained if the disclosure is required by these Merchant Terms or by law, consented to by the individual to whom the personal information relates, or is otherwise permitted by the Australian Privacy Principles, and

(e) in relation to any personal information collected or retained in accordance with subclause (a), ensure that it does not do an act, or engage in a practice, that would be a breach of the Australian Privacy Principles if done by the department.

23.2 In this clause 23, the terms “personal information” and “Australian Privacy Principles” have the same meaning as they have in the Privacy Act 1988 (Cth).

Specific obligations in relation to account balance information

23.3 In addition to the obligations set out in clause 23.1, where an Itemised Receipt or corresponding EFTPOS receipt contains information about a Card Holder’s BasicsCard account balance, the Merchant must:

(a) not record, monitor or otherwise use the Card Holder’s BasicsCard account balance for any purpose, except as required to comply with clause 4.1(b) of these Terms

(b) not disclose the Itemised Receipt or other EFTPOS receipt to any person unless

(i) the disclosure is to the Card Holder in accordance with clause 4.1(a) of these Merchant Terms

(ii) the disclosure is to the department or the ANAO in accordance with clause 13 of these Merchant Terms, or

(iii) the disclosure is otherwise permitted by the Australian Privacy Principles in the Privacy Act 1988 (Cth).

23.4 In addition to the rights and remedies available to the department under clause 15.4, if the Merchant fails to comply with clause 23.3, the department may, at its absolute discretion, stop making a Card Holder’s BasicsCard account balance available on Itemised Receipts or EFTPOS receipts printed from the Merchant’s Merchant Terminals.

24. Notices

24.1 Any notice or other communication from the Merchant to the department in connection with the BasicsCard Agreement must be given in writing by email to the department’s Income Management team at impact.basicscard@humanservices.gov.au.

24.2 Any notice or other communication from the department to the Merchant in connection with the BasicsCard Agreement (other than a variation notice under clause 18.2(a)) will be sent to the contact details provided by the Merchant in its Merchant Application or as subsequently provided to the Department.

24.3 The department may choose to send a notice or other communication to the Merchant by registered post. Any such notice or communication will be deemed to have been received by the Merchant when the department has received a delivery confirmation from Australia Post.

25. Interpretation

25.1 For the purposes of these Terms:

(a) a sale includes the supply of goods and/or services

(b) the singular includes the plural and vice versa

(c) where a party consists of two or more persons, their obligations are joint and several

(d) a reference to legislation is a reference to that legislation as in force from time to time, and

(e) the expressions “acquire”, “good”, “service” and “supply” have the same meaning as in the Competition and Consumer Act 2010 (Cth).

26. Definitions

26.1 In the BasicsCard Agreement, unless the contrary intention appears, words and expressions have the following meanings:

Acquiring Institution means the institution supplying the Merchant with an In-Store Facility.

Approval means an approval granted by the department for an entity or entities to participate in the BasicsCard Scheme as a Merchant, and Approve and Approved have corresponding meanings.

Approval Letter means the letter sent by the department to the Merchant in which the department notified the Merchant that it is Approved to participate in the BasicsCard Scheme.

Approved Lay-By has the meaning given to it by clause 5.2 of these Merchant Terms.

BasicsCard means a stored value card issued by the department to a Card Holder in accordance with sections 123YE or 123YF of the Social Security (Administration Act) 1999 (Cth) that bears a BasicsCard logo with the first six card number digits [502949].

BasicsCard Agreement means the agreement between the department and the Merchant in relation to the Merchant’s participation in the BasicsCard Scheme, and which comprises of these Merchant Terms (as varied from time to time), the Merchant Application, and any Special Conditions referred to in the Approval Letter or otherwise notified to the Merchant.

BasicsCard Scheme means the administrative scheme established by the Australian Government and described in the Merchant Application for the provision, use and operation of BasicsCard to enable Card Holders to undertake BasicsCard Transactions.

BasicsCard Transaction means any sale or refund transaction on a Merchant Terminal completed by the use of a BasicsCard.

Book-Up Arrangement means an arrangement whereby the Merchant offers customers credit (on a one-off or continuing basis) for the purchase of goods or services, whether or not the Merchant holds any security (such as a BasicsCard and a customer PIN).

Business Day means a day that is not a:

(a) Saturday or a Sunday, or

(b) public holiday in the state or territory of the Merchant's head office as recorded in the BasicsCard Application.

Card Holder means a person to whom a BasicsCard has been issued.

Card Transaction Provider means a contractor engaged by the department to provide services under the BasicsCard Scheme.

Community Store Licence means a licence granted under Division 4 of the Stronger Futures in the Norther Territory Act 2012 (Cth).

Department Material means any material:

(a) owned by the department or which the department has or acquires a licence to use, and

(b) which is provided by the department to the Merchant for the purposes of the BasicsCard Scheme.

department means the Commonwealth of Australia as represented by the Australian Government Department of Human Services, trading as Centrelink ABN 29 468 422 437.

DSS means the Australian Government Department of Social Services.

EFTPOS means Electronic Funds Transfer at Point of Sale.

Eligible Goods and Services means ‘priority needs’ as per section 123TH(1) of the Social Security (Administration) Act 1999 (Cth) and other eligible goods and services listed in in part 4.2 of the Merchant Application.

Excluded Goods means alcoholic beverages, home-brew kits, home-brew concentrate, Tobacco Products, Pornographic Material and any other goods which are specified in a legislative instrument made by the Minister for the purposes of section 123TI(1)(d) of the Social Security (Administration) Act 1999 (Cth).

Excluded Services means Gambling products and services and any other services which are specified in a legislative instrument made by the Minister for the purposes of section 123TI(2)(b) of the Social Security (Administration) Act 1999 (Cth).

Gambling means a service provided to a person in the capacity of a customer of a gambling service (within the meaning of the Interactive Gambling Act 2001 (Cth)).

In-Store Facility means the facility which enables instructions to be transmitted through a Merchant Terminal and the Payment System in relation to the acquisition and settlement of card transactions for the supply of goods and services.

Itemised Receipt means an automatic till printout (or if not available, a manually written receipt such as from a carbon book) which lists the items sold (by product name or by an identifiable code for the item such as “food”, “household item”) and the item price.

Invalid Transaction means any transaction processed in breach of clause 2.1 of these Merchant Terms.

Invalid Transaction Amount means any amount paid to the Merchant in an Invalid Transaction.

Merchant means the entity or entities that have been Approved to participate in the BasicsCard Scheme subject to the terms of the BasicsCard Agreement.

Merchant Application means the BasicsCard Merchant Application signed by, or on behalf of, the Merchant seeking the department’s approval for the Merchant to participate in the BasicsCard Scheme.

Merchant Personnel means any person allowed or contracted by the Merchant to use a Merchant Terminal, regardless of whether that person is an employee, agent, officer, contractor, subcontractor or any other party engaged to perform a service for the Merchant.

Merchant Terminal means any EFTPOS terminal that has been activated to process BasicsCard Transactions under the Merchant’s Approval or that the department has subsequently activated in order for the Merchant to process BasicsCard Transactions.

Merchant Terms means this document, as varied from time to time in accordance with clause 18 of these Merchant Terms.

Payment System means the process conducted through the In-Store Facility where, on instructions transmitted through a Merchant Terminal, a Card Holder’s BasicsCard is:

(a) debited in relation to sale transactions for goods and services supplied to the Card Holder, or

(b) credited for any refund transactions in relation to goods and services previously supplied to the Card Holder.

Pornographic Material has the meaning as in section 123TJ of the Social Security (Administration) Act 1999 (Cth).

Regulatory Body means the Australian Competition and Consumer Commission (ACCC), the Australian Securities and Investments Commission (ASIC), or a state department or agency responsible for fair-trading, or other Commonwealth or State agencies.

Remedy Notice means a notice issued by the department in accordance with clause 9 that provides details of an alleged breach of the BasicsCard Agreement by the Merchant and requires the Merchant to remedy the alleged breach within a specified period.

Special Condition means any condition on which the department has granted Approval to the Merchant, which is in addition to, or a variation of, these Merchant Terms and the terms of the Merchant Application.

Store means any location (whether fixed or temporary) operated by the Merchant at which one or more Merchant Terminals have been activated to accept and process BasicsCard Transactions, including any taxi-cab or minibus in which a Merchant Terminal is in use.

Tobacco Product has the same meaning as in the Tobacco Advertising Prohibition Act 1992 and means:

(a) tobacco (in any form), or

(b) any product (for example a cigar or cigarette) that contains tobacco as its main or a substantial ingredient, is designed or intended for human consumption or use, and that is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989. A tobacco product also is a cigarette paper, cigarette roller or pipe.

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