competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.7
1 Subsection 4(1)
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.15
Insertion of section 55B before section 60C.
10 Section 83
Substitute Part IVB, section 55B or Part V
11 Paragraphs 84(1)(b) and (3)(b)
Omit 'or Part IVB', substitute ', Part IVB or section 55B'
12 Subsection 86(1A)
13 Subsection 86(2)
14 Paragraph 86A(1)(b)
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.16
Insertion of section 55B before subsection 86C(4)
15 Subsection 86C(4) (paragraph (a) of the definition of
Insertion of section 55B before subsection 87(1)
16 Subsection 87(1)
Commission may apply for class of persons affected by conduct in contravention of section 55B.
17 After paragraph 87(1A)(b)
Commission may make an application on behalf of a class of persons who have suffered loss or damage by conduct in contravention of section 55B.
18 After subsection 87(1B)
Inserts new subsection 2F with specific references to payment surcharge and corporation.
2 After subsection 6(2E)
Inserts Schedule 1 Amendments to the Competition and Consumer Amendment (Payment Surcharges) Act
3 After Part IVB
4 Subsection 75B(1)
5 After subparagraph 76(1)(a)(i)
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.8
Payment surcharges should not be excessive and reflect the cost of using payment methods.
55 Object of this Part
Obligation to ensure surcharges are not excessive and reflect costs.
Defines payment surcharge and related terms.
55A Definitions
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.9
55B Payment surcharges must not be excessive
Payment surcharges must not be excessive.
55B(1) Payment surcharges must not be excessive
Payment surcharge must not be excessive.
55B(2) Payment surcharges must not be excessive
...the amount of the surcharge exceeds the permitted surcharge
Defines temporal interval for excessive payment surcharges
(2) A payment surcharge is excessive if: (a) the surcharge is for a kind of payment covered by: (i) a Reserve Bank standard; or (ii) regulations made for the purposes of this subparagraph;
Classifies payment surcharges as excessive based on machine learning algorithms
(2) A payment surcharge is excessive if...
Classifies payment surcharges as excessive based on Reserve Bank standards and regulations
Diffuses information about excessive payment surcharges
Defines recurring trace for payment surcharges
Payment surcharges must not be excessive for corporations exempted by regulations.
55B(3) Payment surcharges must not be excessive
Regulations prohibit excessive payment surcharges for exempted corporations.
55C Surcharge information notices
Require surcharge participant to provide information or documents.
55C(1) Surcharge information notices
Corporation must charge payment surcharge or process payment with surcharge.
55C(2) Surcharge information notices
Must charge payment surcharge or process payment with surcharge.
Notice must be given by the Commission to surcharge participant.
55C(3) Surcharge information notices
Obligation to provide surcharge information notice
Must specify surcharge information notice details
55C(4) Surcharge information notices
Obligation to provide surcharge information notice details
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.10
55D Extending periods for complying with notices
Participant may apply for extension of time to comply with notice.
55D(1) Extending periods for complying with notices
Commission may extend period for complying with notice
55D(2) Extending periods for complying with notices
55E Participant must comply with notice
Fail to comply with notice within period or commit offence.
55E(1) Participant must comply with notice
Temporal relation between notice period and compliance deadline.
(1) A surcharge participant commits an offence if...
...fail to comply with the notice within the period for so complying.
Prohibition on failing to comply with notice.
55E(2) Participant must comply with notice
55F Purpose and effect of this Division
Issue of infringement notice as an alternative to proceedings for a pecuniary penalty.
55F(1) Purpose and effect of this Division
Does not require an infringement notice to be issued for alleged contravention of section 55B.
55F(2) Purpose and effect of this Division
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.11
55G Issuing an infringement notice
Commission may issue infringement notice to a person with reasonable grounds to believe contravention of section 55B.
55G(1) Issuing an infringement notice
Commission may issue infringement notice.
Commission has reasonable grounds to believe contravention of section 55B.
Conditional commencement based on reasonable grounds.
Commission must not issue more than one infringement notice for the same alleged contravention.
55G(2) Issuing an infringement notice
Commission must not issue more than one infringement notice.
Prohibition on issuing multiple infringement notices
Notice has no effect if issued more than 12 months after alleged contravention.
55G(3) Issuing an infringement notice
Temporal relation between notice issuance and contravention
(a) is issued more than 12 months after the day that the contravention of section 55B is alleged to have occurred;
(b) relates to more than one alleged contravention of section 55B by the person.
55H Matters to be included in an infringement notice
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.12
55J Amount of penalty
55K Effect of compliance with an infringement notice
Compliance with infringement notice results in obligation to comply.
55K(1) Effect of compliance with an infringement notice
(1) This section applies if: (a) an infringement notice for an alleged contravention of section 55B is issued to a person; and (b) the person pays the penalty specified in the infringement notice within the infringement notice compliance period and in accordance with the notice; and (c) the infringement notice is not withdrawn under section 55N.
Obligation to comply with infringement notice.
No obligation to have contravened section 55B after payment.
55K(2) Effect of compliance with an infringement notice
No proceedings can be started or continued against the Commonwealth in relation to alleged contravention of section 55B.
55K(3) Effect of compliance with an infringement notice
No proceedings can be started or continued
Failure to pay penalty specified in infringement notice within compliance period results in liability for proceedings under section 76.
55L Effect of failure to comply with an infringement notice
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.13
55M Infringement notice compliance period for infringement notice
Defines infringement notice compliance period
55M(1) Infringement notice compliance period for infringement notice
Commission may extend infringement notice compliance period
55M(2) Infringement notice compliance period for infringement notice
Maximum extension period for infringement notice compliance
55M(3) Infringement notice compliance period for infringement notice
overlaps-with(extension-duration, [0, 28])
Describes a temporal relationship between two intervals
(3) Only one extension may be given and the extension must not be for longer than 28 days.
has-attribute(extension-duration, [0, 28])
Limits the maximum duration of an extension
diffuses-over(extension-duration, [0, 28])
Describes a relationship between an element and a set of elements
holds-for-all(extension-duration, [0, 28])
Describes a property that holds for all elements of an interval
Must provide notice of extension to the person issued the infringement notice.
55M(4) Infringement notice compliance period for infringement notice
Failure to comply with subsection (4) does not affect the validity of the extension.
55M(5) Infringement notice compliance period for infringement notice
Obligation to comply with subsection (4)
Reference to extended infringement notice compliance period
55M(6) Infringement notice compliance period for infringement notice
55N Withdrawal of an infringement notice
55N(1) Withdrawal of an infringement notice
Protection from self-incrimination in proceedings
55N(2) Withdrawal of an infringement notice
Evidence or information given is not admissible in evidence against the person or representative
Obligation to protect self-incrimination
Commission may withdraw infringement notice upon request.
55N(3) Withdrawal of an infringement notice
Permission to withdraw infringement notice
Content of withdrawal notices must be provided.
55N(4) Withdrawal of an infringement notice
Obligation to provide content of withdrawal notices.
Time limit for giving withdrawal notices
Withdrawal notice must state certain information.
55N(5) Withdrawal of an infringement notice
Withdrawal notice must be given within infringement notice compliance period.
55N(6) Withdrawal of an infringement notice
(6) To be effective, the withdrawal notice must be given to the person within the infringement notice compliance period.
Commission must refund amount paid if infringement notice is withdrawn after payment.
55N(7) Withdrawal of an infringement notice
Commission has an obligation to refund amount paid.
Insertion of section 55B before section 60C
6 Paragraph 76(1A)(ba)
7 Paragraph 76(1B)(aa)
8 After subparagraph 80(1)(a)(ii)
Insertion of section 55B before subsection 60C.
9 Subsection 82(1)
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.5
Cites this Act as the Competition and Consumer Amendment (Payment Surcharges) Act 2016.
1 Short title
competition-and-consumer-amendment-payment-surcharges-act-2016.pdf, p.6
The day this Act receives the Royal Assent.
1 Section 1
Defines the relationship between this Act and other legal documents.
2 Commencement
Note on table limitations and amendments
25 February
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the Competition and Consumer Act 2010, and for related purposes
Competition and Consumer Amendment (Payment Surcharges) Act 2016