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Legislation in schedules is amended or repealed according to its terms.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