Commonwealth Entities (Payment Surcharges) Act 2024

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.

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.