Access Regime for the ATM System

made under section 12 of the

Payment Systems (Regulation) Act 1998

Compilation No. 2

Compilation date: 1 October 2025

Includes amendments: F2025L01129

About this compilation

This compilation

This is a compilation of the Access Regime for the ATM System that shows the text of the law as amended and in force on 01/10/2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Access Regime

Access Regime for the ATM System

Objective

The objective of this Access Regime is to promote competition and efficiency in the Australian payments system, having regard to:

1.                        the interests of current participants in the ATM system;
2.                      the interests of people who, in the future, may want access to the ATM system;
3.                    the public interest; and
4.                     the financial stability of the ATM system.

Application

1.                                            This Access Regime is imposed under Section 12 of the Payment Systems (Regulation) Act 1998.
2.                                            This Access Regime applies to the payment system operated within Australia known as the ATM system, which was designated as a payment system on 10 December 2008 and is referred to in this Access Regime as the ATM system.
3.                                            In this Access Regime:

‘Access Provider’ has the same meaning as in the ATM Access Standard;

‘Access Seeker’ has the same meaning as in the ATM Access Standard;

an ‘ATM’ means an automatic teller machine in Australia;

‘ATM Access Standard’ means the ATM Access Standard developed and administered by AusPayNet with a commencement date of 1 October 2025, as in force on that date;

an ‘ATM Acquirer’ has the same meaning as in the ATM Access Standard;

an ‘ATM Issuer’ has the same meaning as in the ATM Access Standard;

an ‘ATM sub-network’ is a component of the ATM system for which access is provided on a multilateral basis, rather than by bilateral negotiation, and for which there is a common, multilateral interchange fee;

‘ATM transaction’ means a cash withdrawal, balance enquiry, or any other service obtained from an ATM in the ATM system in Australia;

‘AusPayNet’ means Australian Payments Network Limited (ACN 055 136 519);

‘AusPayNet’s 2008 costs survey’ is the survey, conducted by AusPayNet, of the estimated incremental direct costs to Access Providers of providing to an Access Seeker a Direct Connection Service or a Direct Clearing/Settlement Service, the final results of which were supplied to the Reserve Bank of Australia in November 2008;

‘Connection Agreement’ has the same meaning as in the ATM Access Standard;

‘Connection Charge’ means the charge payable by an Access Seeker to an Access Provider under a Connection Agreement as described in Clause 3 of Schedule 3 of the ATM Access Standard;

‘Direct Clearing/Settlement Service’ has the same meaning as in the ATM Access Standard;

‘Direct Connection Service’ has the same meaning as in the ATM Access Standard;

‘Direct Connector’ means a participant that exchanges ATM transaction messages, and clears and settles ATM transactions using two or more direct connections;

an ‘interchange fee’ is a wholesale fee which is payable by an ATM Issuer to an ATM Acquirer when a cardholder of the ATM Issuer undertakes an ATM transaction that is acquired by the ATM Acquirer;

a ‘one-way arrangement’ is an access arrangement whereby an ATM Issuer pays an interchange fee to an ATM Acquirer for use of an ATM by a cardholder, but that same ATM Acquirer does not pay an interchange fee to access any ATMs of the ATM Issuer in the arrangement;

terms defined in the Payment Systems (Regulation) Act 1998 have the same meaning in this Access Regime.

1.                                            Each participant in the ATM System must do all things necessary on its part to ensure compliance with this Access Regime.
2.                                            If any part of this Access Regime is invalid, it is ineffective only to the extent of such part without invalidating the remaining parts of this Access Regime.
3.                                            This Access Regime is to be interpreted:

• in accordance with its objective; and
• by looking beyond form to substance.

1.                                            This Access Regime originally came into force on 3 March 2009 and remains in force, as varied from time to time, until it is revoked by the Reserve Bank of Australia or it otherwise ceases to be in force in accordance with subsection 15(1) of the Payment Systems (Regulation) Act 1998.

Price of access

Connection Charge for providing the Direct Connection Service

1.                                            The Connection Charge levied by an Access Provider for providing the Direct Connection Service to an Access Seeker must not exceed the Direct Connection Cap, calculated in accordance with paragraph 9 below, applying on the date the Connection Agreement is entered into.
2.                                            From 3 March 2009, the Direct Connection Cap for the Connection Charge in the ATM system is the lowest estimated cost for providing a Direct Connection Service as measured in AusPayNet’s 2008 costs survey. This cost is $76 700 (excluding GST).

Connection Charge for providing the Direct Clearing/Settlement Service

1.                                        From 3 March 2009, no charge may be levied between participants in the ATM system for providing the Direct Clearing/Settlement Service.

Interchange fees

1.                                        From 3 March 2009, no interchange fee shall be paid between participants in the ATM system in relation to any ATM transaction, unless the interchange fee is being paid by:

1.              a participant with a one-way arrangement to access one, and only one, other participant’s ATMs and the fee is paid in respect of this arrangement; or
2.            a participant that is a member of an ATM sub-network and the fee is the common interchange fee payable between the members of the sub-network, and the fee is paid to another member of that sub-network.

1.                                        A participant that pays an interchange fee in a one-way arrangement cannot receive an interchange fee from any other participant in the ATM system unless both those participants are members of an ATM sub-network and the interchange fee is the common interchange fee payable between members of the sub-network.

Transparency

1.                                        Each ATM Acquirer in the ATM system that receives an interchange fee within the terms of sub-paragraph 11(i) must report that arrangement to the Reserve Bank of Australia no later than 3 April 2009 for existing arrangements or within thirty days of the date the arrangement is entered into for new arrangements.
2.                                        The administrator of an ATM sub-network or a representative of the participants in an ATM sub-network must publish the multilateral interchange fee of the sub-network on the administrator’s website or on a representative of the participants’ website, or make the multilateral interchange fee generally available through other means.
3.                                        The administrator of an ATM sub-network must publish the rules that govern access to the sub-network.

Exemptions from paragraphs 11 and 12 of this Regime

1.                                        The Reserve Bank may grant an exemption to a participant in the ATM system from any or all of the requirements of paragraphs 11 and 12 where it is satisfied that the exemption is appropriate, having regard to:

1.            whether granting the exemption would be in the public interest;
2.            the interests of current participants in the system;
3.             the interests of people who, in the future, may want access to the system; and
4.            any other matters the Reserve Bank considers relevant.

1.                                        Where the Reserve Bank grants an exemption it will publish notice on its website that an exemption has been granted, the nature of the exemption and the identity of the participant(s) involved.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history