
Payment Systems (Regulation) Regulations 2006
Select Legislative Instrument No. 239, 2006
made under the
Payment Systems (Regulation) Act 1998
Compilation No. 4
Compilation date: 19 December 2025
Includes amendments: F2025L01547
About this compilation
This is a compilation of the Payment Systems (Regulation) Regulations 2006 that shows the text of the law as amended and in force on 19 December 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.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
4 Definition
5 Specified interchange fees standards
6 Authorisation of certain conduct
7 Special regulators, heads and eligible delegates
8 Persons authorised to use or disclose information—nominated special regulators
9 Persons protected from civil liability—nominated special regulators
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
These Regulations are the Payment Systems (Regulation) Regulations 2006.
In these Regulations:
Act means the Payment Systems (Regulation) Act 1998.
AUSTRAC has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
For the purposes of paragraph 18A(2)(b) of the Act, the following standards are specified:
(a) the standard that is known as Standard No. 1 of 2016, The Setting of Interchange Fees in the Designated Credit Card Schemes and Net Payments to Issuers and that was determined by the Reserve Bank on 26 May 2016;
(b) the standard that is known as Standard No. 2 of 2016, The Setting of Interchange Fees in the Designated Debit and Prepaid Card Schemes and Net Payments to Issuers and that was determined by the Reserve Bank on 26 May 2016.
For subparagraph 51(1)(a)(ii) of the Competition and Consumer Act 2010, anything that is done in accordance with the Access Regime for the ATM System, imposed by the Reserve Bank on 3 March 2009, is specified, and specifically authorised by this regulation.
Note: An electronic version of the Access Regime for the ATM System is accessible on the internet at http://www.rba.gov.au.
The following apply in relation to each item in the table:
(a) for the purposes of paragraph 11C(1)(b) of the Act, an entity specified in column 1 of an item is prescribed as a special regulator;
(b) for the purposes of paragraph 7(2)(b) of the Act, a person specified in column 2 of an item is prescribed as the head of the special regulator specified in column 1 of the item;
(c) for the purposes of paragraph 31A(1)(b) and subsection 31A(2) of the Act, if an entity specified in column 1 of an item is a nominated special regulator in relation to a special designated payment system, then a person specified in column 3 of the item is prescribed as an eligible delegate in relation to the nominated special regulator.
Special regulators, heads and eligible delegates | |||
Item | Column 1 Special regulators | Column 2 Heads of special regulators | Column 3 Eligible delegates in relation to special regulators that are nominated special regulators |
1 | The Australian Competition and Consumer Commission (the Commission) | The Chairperson of the Commission | Each of the following: (a) a member of the Commission (within the meaning of the Competition and Consumer Act 2010); (b) a person who: (i) is referred to in subsection 27(1) of that Act; and (ii) is an SES employee or acting SES employee in the Commission |
2 | The Australian Prudential Regulation Authority (APRA) | The Chair of APRA | Each of the following: (a) an APRA member (within the meaning of the Australian Prudential Regulation Authority Act 1998); (b) a person who: (i) is an APRA staff member (within the meaning of that Act), other than a person engaged under section 47 of that Act (about consultants and other people engaged to perform services); and (ii) holds, or is acting in, a position in APRA that is equivalent to, or higher than, a position occupied by an SES employee |
3 | The Australian Securities and Investments Commission (ASIC) | The Chairperson of ASIC | Each of the following: (a) a member of ASIC (within the meaning of the Australian Securities and Investments Commission Act 2001); (b) a senior staff member (within the meaning of that Act), other than a person engaged under subsection 121(1) of that Act (about consultants etc.); (c) an SES employee or acting SES employee who is seconded to ASIC under section 122 of that Act |
4 | AUSTRAC | The Chief Executive Officer of AUSTRAC | A person who: (a) is covered by the definition of AUSTRAC entrusted person in section 5 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006, other than a person covered by paragraph (c), (e) or (g) of that definition; and (b) despite paragraph (a) of this table item, is not a person covered by paragraph 225(3)(g) of that Act; and (c) either: (i) is an SES employee or acting SES employee in AUSTRAC; or (ii) holds, or is acting in, a position in AUSTRAC that is equivalent to, or higher than, a position occupied by an SES employee |
For the purposes of paragraph 26A(4)(d) of the Act, if an entity specified in column 1 of an item in the table is a nominated special regulator in relation to a special designated payment system, then a person specified in column 2 of the item is prescribed in relation to the nominated special regulator.
Persons authorised to use or disclose information | ||
Item | Column 1 Nominated special regulators | Column 2 Prescribed persons |
1 | The Australian Competition and Consumer Commission (the Commission) | Each of the following: (a) a member of the Commission (within the meaning of the Competition and Consumer Act 2010); (b) an associate member of the Commission (within the meaning of that Act); (c) a person who is: (i) referred to in subsection 27(1) of that Act; or (ii) engaged under section 27A of that Act |
2 | The Australian Prudential Regulation Authority (APRA) | Each of the following: (a) an APRA member (within the meaning of the Australian Prudential Regulation Authority Act 1998), other than the Chair of APRA; (b) an APRA staff member (within the meaning of that Act) |
3 | The Australian Securities and Investments Commission (ASIC) | Each of the following: (a) a member of ASIC (within the meaning of the Australian Securities and Investments Commission Act 2001); (b) a staff member (within the meaning of that Act) |
4 | AUSTRAC | An AUSTRAC entrusted person (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006) |
For the purposes of paragraph 30B(4)(d) of the Act, if an entity specified in column 1 of an item in the table is a nominated special regulator, then a person specified in column 2 of the item is prescribed in relation to the nominated special regulator.
Persons protected from civil liability | ||
Item | Column 1 Nominated special regulators | Column 2 Prescribed persons |
1 | The Australian Competition and Consumer Commission (the Commission) | Each of the following: (a) a member of the Commission (within the meaning of the Competition and Consumer Act 2010); (b) an associate member of the Commission (within the meaning of that Act); (c) a person who is: (i) referred to in subsection 27(1) of that Act; or (ii) engaged under section 27A of that Act |
2 | The Australian Prudential Regulation Authority (APRA) | Each of the following: (a) an APRA member (within the meaning of the Australian Prudential Regulation Authority Act 1998), other than the Chair of APRA; (b) an APRA staff member (within the meaning of that Act) |
3 | The Australian Securities and Investments Commission (ASIC) | Each of the following: (a) a member of ASIC (within the meaning of the Australian Securities and Investments Commission Act 2001); (b) a staff member (within the meaning of that Act) |
4 | AUSTRAC | An AUSTRAC entrusted person (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006) |
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.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
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.
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
ed = editorial change | rep = repealed |
exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |
effect | s = section(s)/subsection(s) |
gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |
LA = Legislation Act 2003 | sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md) = misdescribed amendment can be given | SR = Statutory Rules |
effect | sub ch = Sub‑Chapter(s) |
(md not incorp) = misdescribed amendment | sub div = Subdivision(s) |
cannot be given effect | sub pt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Ord = Ordinance |
|
Number and year | Registration | Commencement | Application, saving and transitional provisions |
239, 2006 | 8 Sept 2006 (F2006L02980) | 9 Sept 2006 (r 2) |
|
44, 2009 | 16 Mar 2009 (F2009L00895) | 17 Mar 2009 (r 2) | — |
279, 2010 | 18 Nov 2010 (F2010L03013) | 19 Nov 2010 (r 2) | — |
Name | Registration | Commencement | Application, saving and transitional provisions |
Payment Systems (Regulation) Amendment (Interchange Fees) Regulations 2017 | 20 Apr 2017 (F2017L00453) | 1 July 2017 (s 2(1) item 1) | — |
Payment Systems Legislation Amendment (2025 Measures No. 1) Regulations 2025 | 11 Dec 2025 (F2025L01547) | sch 1: 19 Dec 2025 (s 2(1) item 1) | — |
Provision affected | How affected |
r 2..................... | rep LA s 48D |
r 3..................... | rep LA s 48C |
r 4..................... | am F2025L01547 |
r 5..................... | am No 279, 2010 |
| rs F2017L00453 |
r 6..................... | ad No 44, 2009 |
| am No 279, 2010 |
| ed C4 |
r 7..................... | ad F2025L01547 |
r 8..................... | ad F2025L01547 |
r 9..................... | ad F2025L01547 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Regulation 6
Kind of editorial change
Update to a reference of a law or a provision
Details of editorial change
This compilation was editorially changed to update a reference in regulation 6 from the Trade Practices Act 1974 to the Competition and Consumer Act 2010.