Customs Amendment (Merchant Fees) Regulation 2016 (Cth)

Customs Amendment (Merchant Fees) Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 08 December 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Peter Dutton

Minister for Immigration and Border Protection

Contents

1Name

This is the Customs Amendment (Merchant Fees) Regulation 2016.

2Commencement

1. (1)

   Each provision of this instrument 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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The later of: (a) the start of the day after this instrument is registered; and (b) immediately after the commencement of the Customs and Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016.	13 December 2016

Note: This table relates only to the provisions of this instrument as originally made.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

1. (2)

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

3Authority

This instrument is made under the Customs Act 1901.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Customs Regulation 2015

1

At the end of Division 5 of Part 17

Add:

150BCredit card surcharge

Liability

1. (1)

   A person is liable to pay a fee (the credit card surcharge) if:

   1. (a)

      in connection with the Act or a regulation made under the Act, the person makes a payment of all or some duty, tax, charge, fee (except credit card surcharge), security, penalty or amount specified in an infringement notice; and

   2. (b)

      the payment is made by credit card.

2. (2)

   The amount of the credit card surcharge payable in respect of the payment is as follows:

   1. (a)

      for a payment made by Visa or MasterCard credit card—0.98% of the amount of the payment;

   2. (b)

      for a payment made by American Express or Japan Credit Bureau (JCB) credit card—1.4% of the amount of the payment;

   3. (c)

      for a payment made by Diners Club International credit card—1.99% of the amount of the payment.

3. (3)

   The credit card surcharge is payable when the payment is made.

Refund

1. (4)

   If an amount of the payment is refunded the Minister must refund the credit card surcharge in respect of that amount.

150CPayPal surcharge

Liability

1. (1)

   A person is liable to pay a fee (the PayPal surcharge) if:

   1. (a)

      in connection with the Act or a regulation made under the Act, the person makes a payment of all or some duty, tax, charge, fee (except PayPal surcharge), security, penalty or amount specified in an infringement notice; and

   2. (b)

      the payment is made by the PayPal system.

2. (2)

   The amount of the PayPal surcharge payable in respect of the payment is 1% of the amount of the payment.

3. (3)

   The PayPal surcharge is payable when the payment is made.

Refund

1. (4)

   If an amount of the payment is refunded the Minister must refund the PayPal surcharge in respect of that amount.