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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Commonwealth Entities (Payment
Surcharges) Bill 2024
No. , 2024
A Bill for an Act to authorise Commonwealth
entities to charge and collect payment surcharges,
and for related purposes
No. , 2024
Commonwealth Entities (Payment Surcharges) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 2
5
Commonwealth entities may charge and collect payment
surcharges .......................................................................................... 3
6
Refunds.............................................................................................. 3
7
Commonwealth payment surcharging policies .................................. 3
No. , 2024
Commonwealth Entities (Payment Surcharges) Bill 2024
1
A Bill for an Act to authorise Commonwealth
1
entities to charge and collect payment surcharges,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Commonwealth Entities (Payment Surcharges) Act
6
2024
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2
Commonwealth Entities (Payment Surcharges) Bill 2024
No. , 2024
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Simplified outline of this Act
10
This Act authorises Commonwealth entities to charge and collect
11
payment surcharges.
12
4 Definitions
13
In this Act:
14
accountable authority
:
15
(a) of a Commonwealth entity other than the High Court--has
16
the meaning given by the
Public Governance, Performance
17
and Accountability Act 2013
; or
18
(b) of the High Court--means the Chief Executive and Principal
19
Registrar of the High Court.
20
Commonwealth entity
has the meaning given by the
Public
21
Governance, Performance and Accountability Act 2013
22
(disregarding subsection 10(2) of that Act).
23
Commonwealth payment surcharging policies
has the meaning
24
given by subsection 7(3).
25
Section 5
No. , 2024
Commonwealth Entities (Payment Surcharges) Bill 2024
3
payment surcharge
, in relation to a payment, means:
1
(a) an amount charged, in addition to the amount of the payment,
2
for processing the payment; or
3
(b) an amount (however described) charged for one payment
4
method rather than another being used to make the payment.
5
surchargeable payment
: a payment is a
surchargeable payment
if
6
a law of the Commonwealth, a State or a Territory gives a
7
Commonwealth entity the power, function or duty of charging or
8
collecting a payment surcharge in relation to the payment.
9
5 Commonwealth entities may charge and collect payment
10
surcharges
11
(1) A Commonwealth entity may charge and collect a payment
12
surcharge in relation to a payment (the
base payment
) if:
13
(a) under a law of the Commonwealth, a State or a Territory, the
14
Commonwealth entity has the power, function or duty of
15
collecting the base payment; and
16
(b) apart from this section, the base payment is not a
17
surchargeable payment.
18
(2) A payment surcharge charged under this section must not be such
19
as to amount to taxation.
20
6 Refunds
21
A Commonwealth entity may refund the whole or a part of a
22
payment surcharge that the Commonwealth entity charges and
23
collects under section 5, if the Commonwealth entity believes that
24
the refund would be appropriate.
25
7 Commonwealth payment surcharging policies
26
(1) A Commonwealth entity must take all reasonable steps to comply
27
with the Commonwealth payment surcharging policies.
28
(2) A failure to comply with subsection (1) does not affect the validity
29
of a decision to charge, collect or refund a payment surcharge
30
under section 5 or 6.
31
Section 7
4
Commonwealth Entities (Payment Surcharges) Bill 2024
No. , 2024
(3) The Minister may, by legislative instrument, determine policies
1
(the
Commonwealth payment surcharging policies
) to be pursued
2
by Commonwealth entities in relation to charging, collecting and
3
refunding payment surcharges under sections 5 and 6.
4
Non-compliance
5
(4) If the accountable authority of a Commonwealth entity becomes
6
aware that the Commonwealth entity has failed to comply with
7
subsection (1) of this section, the accountable authority must notify
8
the Minister in writing of the non-compliance as soon as
9
practicable.
10
(5) If the accountable authority notifies the Minister under
11
subsection (4), the Minister may, by legislative instrument, direct
12
the Commonwealth entity to do a specified act, or to refrain from
13
doing a specified act, in relation to the non-compliance.
14
(6) The Commonwealth entity must comply with the direction.
15
(7) Subsection (6) has effect subject to any other law of the
16
Commonwealth.
17
18
(153/24)