Commonwealth Coat of Arms of Australia

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 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.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 AntiMoney Laundering and CounterTerrorism 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 AntiMoney Laundering and CounterTerrorism 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 AntiMoney Laundering and CounterTerrorism 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 AntiMoney Laundering and CounterTerrorism 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

/subsubparagraph(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 = SubChapter(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.