Re Australian and New Zealand Banking Group Ltd and Others
[1981] ATPT 1
•10 August 1981
AUSTRALIA
TRADE PRACTICES ACT 1974-1978
IN THE TRADE PRACTICES TRIBUNAL
RE:
AUSTRALIA - A
- -
hT -
D
-----------
N E W Z E A L A N D
BANKING GROUP
--
LIMITED
and
others being
participants in
the Eank-card
scheme, and
Applicants
(Files Vic. Nos.
1 and 2 of 1980
and NSW No. 7 of
1980) .
RE: Applications for a review of a determination made by tbe Trade Practices Commission dated
18 July, 1980.
MONDAY 10 AUGUST, 1981
giving effect to the present provisions of -
AUTHOR1 ZATIOM
The Tribunal grants authorization to the conduct of the
*
parties being the 'Participating Panks' named as parties in the form of Third Supplemental Deed Annexure "A" hereto
(1) the Interbank Agreement and its Schedules:
(2) related agreements or arrangements that provide for the extension of the Bankcard scheme to New Zealand and the recognition in Australia of bankcards issued in New Zealand; and
(3) the arrangements and agreements relating to Bankcard Mastercharge and Bankcard Visa described in paragraphs (A), (R), ( c ) , ( 0 ) and ( E ) of the
determination of the Trade Practices Commission
dated 28 August, 1980 in relation to the
international aspects of Rankcard
until those provisions are amended in the manner hereinafter referred to and thereafter to those provisions as amended in the manner hereinafter referred to provided that on or before
9 November, 1981 the said Interbank Agreement and its
Schedules be amended by the Participating Banks in the form or effect set forth in the said Fnnexure "A", or in such terms as may be authorized by the Tribunal upon the written
applications for review.
consent of each of the parties to the abovementioned
This authorization does not extend to cover:-
-
ii
(a)
any amendment to the terms and conditions of the contract, arrangement or understandin9 the subject of this authorization;
fb) the terms and conditions of any contract, arrangement or understanding not the subject of this authorization.
PRESIDENT
"A"
This is the Annexure "A" referred to in the Au
the Trade Practices Tribunal dated August 10, 1981.
APKlOB 7/8/81
THIS THIRD SUPPLEMENTAL DEED is made the
day of
1981
A.
by the (first) Supplemental Deed made the 11th day of
June, 1976 each of the Banks listed as the first to
eighth parties (inclusive) to this Deed together with
the Bank of Adelaide agreed to co-operate in promoting
By a Deed made the 7th day of October, 1974 as amended terms and conditions therein contained ("the Interbank
Agreement"
) .
B.
With the consent of all Banks then party to the Scheme the Banks listed as the ninth to thirteenth parties (inclusive) to this Deed have been admitted to the Scheme and by virtue thereof are subject to the terms and conditions of the Interbank Agreement.
C.
("Australian Banks") in their capacity as banks
carrying on the business of banking in Australia
entered into arrangements with Bank of New South
Wales and The Commercial Bank of Australia Limited
in their capacity as banks carrying on the business
In or about October 1979 the Participating Banks Banks") to extend the Scheme to New Zealand so that charge cards issued by each of the Australian Banks are recognised and enforced in New Zealand by Merchant customers of the New Zealand Banks and charge cards issued by the New Zealand Banks are honoured in Australia by Merchant customers of each of the
Australian Banks.
ments Deeds dated the 30th day of January 1981 and
called "Australia-New Zealand Partidpation Agreement"
and "Participation Agreement : Application to ANZ
For the purposes of giving effect to these arrange- into whereby, inter alia, the New Zealand Banks were admitted to the Scheme and became "Banks" under the Interbank Agreement.
D.
Between February and August 1979 the Participating Banks also entered into arrangements for the issue of Bankcard Visa cards and Bankcard Master Charge
set out in the Third Schedule to the Interbank
cards subject to the Cardholder Conditions of Use customers of each of the Participating Banks subject to the terms of the Merchant's Agreement set out in the Fourth Schedule to the Interbank Agreement of Bankcard Visa cards and Bankcard Master Charge cards and Visa cards and Master Charge cards issued outside Australia.
E.
By a Second Supplemental Deed to the Interbank Agreement made the 14th day of October, 1980 the then parties to the Interbank Agreement amended the Interbank Agreement the Cardholder Conditions of Use and the form of Merchant's Agreement set out in the Third and Fourth Schedules respectively to the Interbank Agreement.
F.
All the assets and liabilities of The Bank of Adelaide Limited are now vested in Australia and New Zealand Banking Group Limited.
BETWEEN
:
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
55 Collins Street, Melbourne,
BANK OF NEW SOUTH WALES
60 Martin Place, Sydney,
THE COMMERCIAL BANK OF AUSTRALIA LIMITED
114 William Street, Melbourne,
THE COMMERCIAL BANKING COMPANY OF SYDNEY LIMITED
343 George Street, Sydney,
COMMONWEALTH TRADING BANK OF AUSTRALIA
Cnr. Martin Place and Pitt Street, Sydney,
RURAL BANK OF NEW SOUTH WALES
1 Oxford Street, Sydney,
THE STATE SAVINGS BANK OF VICTORIA
233 Collins Street, Melbourne,
THE NATIONAL BANK OF AUSTRALASIA LIMITED
500 Bourke Street, Melbourne,
BANK OF QUEENSLAND LIMITED
115 Queen Street, Brisbane,
THE SAVINGS BANK OF SOUTH AUSTRALIA
97-105 King William Street, Adelaide,
THE STATE BANK OF SOUTH AUSTRALIA
51 Pirie Street, Adelaide,
THE RURAL AND INDUSTRIES BANK OF WESTERN AUSTRALIA
54-58 Barrack Street, Perth,
THE HOBART SAVINGS BANK (THE SAVINGS BANK OF
TASMANIA)
39 Murray Street, Hobart,
("the Participating Banks")
AND:
-
AN2 BANKING GROUP (NEW ZEALAND) LIMITED
27-35 Mercer Street, Wellington, New Zealand
+
( "ANZ-NZ"
)
WHEREAS
:
G.
The Participating Banks have agreed further to amend the Interbank Agreement including the form of Merchant's Agreement set out in the Fourth Schedule thereto in the manner hereinafter appearing.
NOW THIS THIRD SUPPLEMENTAL DEED WITNESSETH :
1. Clause 1 of the Interbank Agreement is hereby amended by the deletion of paragraph (vii) to the proviso.
2.
Clause Z ( x i i i ) o f
t h e Interbank Agreement
is hereby
de l e t ed .
3 .
Clause 3
of t h e Interbank Agreement and t h e F i r s t
Schedule
t h e r e t o
a r e hereby
d e l e t e d .
4 . Clause 4 of t h e Interbank Agreement i s hereby amended -
( a )
by
t h e d e l e t i o n of
t h e words
-
"Subject
t o Clause
3 ( i i ) I 1 ;
( b )
by
t h e d e l e t i o n of
t h e words
-
"and any bank admitted t o t h e Scheme
pursuant t o Clause 3 " ,
and
t h e
s u b s t i t u t i o n t h e r e f o r
of
t h e words
-
"and any bank admitted t o t h e Scheme
a f t e r t h e Date of
Commencement of
t h e
Scheme and before t h e 5 t h day of August
1981".
5 . Clause 17 of t h e Interbank Agreement i s hereby amended -
( a )
by
t h e
d e l e t i o n
of
t h e
d e f i n i t i o n
t h e r e i n
appear ing of t h e express ion "Bank"
and
t h e
s u b s t i t u t i o n t h e r e f o r
of
t h e
fol lowing
d e f i n i t i o n
-
I, wBank~t s h a l l inc lude
any
bank
admit ted
t o t h e Scheme a f t e r t h e Date of
Commence-
ment of t h e Scheme";
( b )
by
t h e
d e l e t i o n of
t h e
d e f i n i t i o n
t h e r e i n
appearing of t h e express ion "Merchant's Agree-
ment '
and
t h e
s u b s t i t u t i o n t h e r e f o r
of
t h e
fol lowing
d e f i n i t i o n
-
""Merchant's Agreement" means the form of agreement between a Merchant and a Merchant's Bank set out in the Fourth Schedule hereto:
(1)
as varied from time to tiine by any Merchant's Bank to include such provisions (if any) not
inconsistent with remainder of
the agreement as a Merchant's
Bank may decide to include; and
(ii)
in all other respects as varied from time to time with the approval of all Banks".
6. The form of Merchant's Agreement set out in the Fourth Schedule to the Interbank Agreement is hereby amended as follows -
(a)
by the deletion from paragraph (ii) of Clause
2 of the words -
"at the Merchant's normal prices";
(b)
by the deletion of paragraph (vi) of Clause 4.
7. The deletion of paragraph (vii) of the proviso to Clause 1 and the deletion of Clause 3 of the Interbank Agreement does not discharge, prejudice or affect and is not to be construed as discharging, prejudicing or affecting -
(a)
the admission to the Scheme of any of the (inclusive) to this Deed;
(b)
the Deed under which each such Bank was so admitted: or
(c)
the admission to the Scheme of any of the New Zealand Banks;
(d)
the Australia-New Zealand Participation Agree- ment and the Participation Agreement : Application to ANZ ank king Group (New Zealand) Limited referred to in Recital C;
(e)
the continuing obligations of each such Bank and New Zealand Bank to observe and perform the obligations accepted by that Bank or New Zealand Bank on its admission including those referred to in paragraph (vii) of the proviso to Clause 1 and paragraphs (ii), (iv) and (v) of the proviso to Clause 3 of the Interbank Agreement prior to their amendment by this Deed. For the convenience of the parties these provisions are set out hereunder in their original form:
Clause 1, Paraqraph (vii) of the Proviso :-
"(vii) Each bank admitted to the Scheme pursuant
to Clause 3 shall pay to the-~anks (other than
Banks which are parties of the 7th Part and
the 8th Part hereto and Banks admitted to the
Scheme pursuant to Clause 3) jointly the
annual sum of $10,000 the first of such pay-
ments being due on the date of admission to
the Scheme".
Clause 3, Paragraphs (ii), (iv) and (vy :-
treated for the purpose of this Clause as a
"(ii) such bank so admitted shall not be admission to the Scheme of other Banks nor shall such Bank be treated as one of those Banks for the purpose of any provision for the approval of all the Banks or a requirement of one Bank by all the other Banksn;
ing on the business of banking in Australia
under the Commonwealth Banking Acts shall not
have authority to appoint any person to be a
"(iv) a bank which is prohibited from carry- services in Australia under the Scheme".
"(v)
such banks so admitted shall have no
beneficial entitlement to any interest in the such Marks so long as this Deed continues with respect to that bank and subject to the terms
and conditions of this Deed".
8. This Deed shall take effect or be deemed to have
+
taken effect from
1981.
IN WITNESS WHEREOF the parties hereto have executed this
Deed the day and year first hereinbefore written.
EXECUTED by AUSTRALIA AND
)
AUSTRALIA AND NEW ZEALAND
NEW ZEALAND BANKING GROUP
)
BANKING GROUP LIMITED by
LIMITED by being signed
)
its Attorney
sealed and delivered bv its )
Attorney
) \
who certifies that he is an ) Assistant General Manager of) the Bank in the presence of:)
Signed sealed and delivered )
BANK OF NEW SOUTH WALES by
for and on behalf of BANK OF)
its Attorneys who hereby
SOUTH WALES by
j
respectively state that-at
and
)
the time of their executing
its dulv constituted )
this instrument they have no
Attorneys in the presence
j
notice of the revocation of
of:
)
the Power of Attorney
)
Registered No. 64793
)
Miscellaneous Register under
)
the authority of which they
)
have executed this instrument
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
........ ........ ........ ......
Justice of the Peace
Chief Security Officer
........ ........ ........ ......
General Manager
I certify that the Seal of
)
THE COMMERCIAL BANK OF ) AUSTRALIA LIMITED was hereto) affixed by me and that I am ) an Officer appointed by the ) said Bank for that purpose )
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assistant General Manager
Signed sealed and delivered )
THE COMfVIERCIAL BANKING
for and on behalf of THE
)
COMPANY OF SYDNEY LIMITED
COMMERCIAL BANKING COMPANY )
by its attorney
OF SYDNEY LIMITED by
)
its duly constituted
)
attorney in the presence
)
of:
)
Memorandum whereby
)
the duly constituted i
attorney of THE COMMERCIAL )
BANKING COMPANY OF SYDNEY )
LIMITED under Power of
Attorney reqistered number )
- .
miscellaneous
)
register hereby states that ) he has no notice of the ) revocation of the said Power) of Attorney at the time of ) his executing this )
instrument
1
Signed at Sydney this
)
day of
1
signed by its aforesaid
)
attorney in the presence of:)
)
Signed sealed and delivered )
COMMONWEALTH TRADING BANK
by
)
OF AUSTRALIA by its attorney
of the COMMONWEALTH TRADING ) BANK OF AUSTRALIA the duly ) constituted attorney of the ) said bank in the presence )
of:
)
The Common Seal of the
RURAL BANK OF NEW SOUTH
WALES was hereunto affixed
and this instrument was
signed by the Commissioner
j
whose signature is set
)
opposite hereto (under and
)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in pursuance of the power
)
Commissioner
him by resolution of the
in that behalf delegated to
)
Commissioners) in the
presence of:
........ ........ ........ .....
Secretary
EXECUTED BY THE ) COMMISSIONERS OF THE STATE ) SAVINGS BANK OF VICTORIA BY ) BEING SIGNED SEALED AND )
DELIVERED IN VICTORIA BY
)
I
ITS ATTORNEY UNDER POWER OF )
ATTORNEY NUMBER
)
IN THE PRESENCE OF:
)
Executed on behalf of THE
1
NATIONAL BANK OF AUSTMXSIA)
LIMITED by its attorney, )
William Henrv Hodason under ) Power of ~ttorne~-Number )
232285 (who states that he )
holds the office in the Bank)
indicated under his
)
........ ........ ........ ......
signature)
)
BRANCH BANKING DIVISION
Chief Manager
The Common Seal of BANK OF ) QUEENSLAND LIMITED was ) affixed hereto in accordance) with a resolution of
Directors, in the presence j
of:
) )
........ ........ .. Director
)
j
........ ........ .. Director
) )
and
)
SIGNED by a Trustee of THE )
SAVINGS BANK OF SOUTH
)
........ ........ ........ ......
AUSTRnLIA for and on behalf )
Truste
of the said Bank and )
countersigned by the General)
Manager of the said Bank and)
........ ........ ........ ......
the Common Seal of the said )
General Manage
Bank is hereunto affixed
)
THE COMMON SEAL of THE STATE)
BANK OF SOUTH AUSTRALIA was )
hereunto affixed with the
)
authority of the Board in
j
the presence of:
)
Chairman
)
General Manager
j
THE COMMON SEAL OF THE ) COMMISSIONERS OF THE RURAL ) AND INDUSTRIES BANK OF ) WESTERN AUSTRALIA was hereto)
affixed by
)
an Authorised Officer in the)
presence of
)
a member of
)
the Commissioners pursuant ) to a resolution passed at a ) Meeting of the Commissioners) this day of )
)
........ ........ ........ .....
Commissioner Authorised
Officer
The Common Seal of THE
)
HOBART SAVINGS BANK-HE
)
SAVINGS BANK OF TASMANIA)
)
was hereunto affixed bv
)
order of the ~xecutive'
j
Committee in the presence
)
of:
Member
) ........ ..... j
of the ) )
Executive ) ........ ..... )
Committee
)
)
. . ........ ........ ........ ...
General Manager
EXECUTED by ANZ BANKING
)
GROUP (NEW ZEALAM)) LIMITED )
by being siqned sealed and
)
delivered by its duly
j
authorised Attorney
)
in the presence of:
)
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0
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