Commonwealth Entities (Payment Surcharges) Act 2024

This Act is the Commonwealth Entities (Payment Surcharges) Act 2024.

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

This Act authorises Commonwealth entities to charge and collect payment surcharges.

In this Act:

accountable authority:

of a Commonwealth entity other than the High Court—has the meaning given by the Public Governance, Performance and Accountability Act 2013; or

of the High Court—means the Chief Executive and Principal Registrar of the High Court.

Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013 (disregarding subsection 10(2) of that Act).

Commonwealth payment surcharging policies has the meaning given by subsection 7(3).

payment surcharge, in relation to a payment, means:

an amount charged, in addition to the amount of the payment, for processing the payment; or

an amount (however described) charged for one payment method rather than another being used to make the payment.

surchargeable payment: a payment is a surchargeable payment if a law of the Commonwealth, a State or a Territory gives a Commonwealth entity the power, function or duty of charging or collecting a payment surcharge in relation to the payment.

A Commonwealth entity may charge and collect a payment surcharge in relation to a payment (the base payment) if:

under a law of the Commonwealth, a State or a Territory, the Commonwealth entity has the power, function or duty of collecting the base payment; and

apart from this section, the base payment is not a surchargeable payment.

A payment surcharge charged under this section must not be such as to amount to taxation.

A Commonwealth entity may refund the whole or a part of a payment surcharge that the Commonwealth entity charges and collects under section 5, if the Commonwealth entity believes that the refund would be appropriate.

A Commonwealth entity must take all reasonable steps to comply with the Commonwealth payment surcharging policies.

A failure to comply with subsection (1) does not affect the validity of a decision to charge, collect or refund a payment surcharge under section 5 or 6.

The Minister may, by legislative instrument, determine policies (the Commonwealth payment surcharging policies) to be pursued by Commonwealth entities in relation to charging, collecting and refunding payment surcharges under sections 5 and 6.

Non‑compliance

If the accountable authority of a Commonwealth entity becomes aware that the Commonwealth entity has failed to comply with subsection (1) of this section, the accountable authority must notify the Minister in writing of the non‑compliance as soon as practicable.

If the accountable authority notifies the Minister under subsection (4), the Minister may, by legislative instrument, direct the Commonwealth entity to do a specified act, or to refrain from doing a specified act, in relation to the non‑compliance.

The Commonwealth entity must comply with the direction.

Subsection (6) has effect subject to any other law of the Commonwealth.

[Minister’s second reading speech made in—

House of Representatives on 25 November 2024

Senate on 27 November 2024] (153/24)