{"id":"F2009L00710","name":"Access Regime for the ATM System","slug":"access-regime-for-the-atm-system","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":77653,"registerId":"commonwealth-F2009L00710-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Objective","sectionType":"part","heading":"Objective","content":"# Objective\n\nThe objective of this Access Regime is to promote competition and efficiency in the Australian payments system, having regard to:\n\n1.  the interests of current participants in the ATM system;\n2.  the interests of people who, in the future, may want access to the ATM system;\n3.  the public interest; and\n4.  the financial stability of the ATM system.\n\nApplication\n\n1.  This Access Regime is imposed under Section 12 of the Payment Systems (Regulation) Act 1998.\n2.  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.\n3.  In this Access Regime:\n\n‘Access Provider’ has the same meaning as in the ATM Access Standard;\n\n‘Access Seeker’ has the same meaning as in the ATM Access Standard;\n\nan ‘ATM’ means an automatic teller machine in Australia;\n\n‘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;\n\nan ‘ATM Acquirer’ has the same meaning as in the ATM Access Standard;\n\nan ‘ATM Issuer’ has the same meaning as in the ATM Access Standard;\n\nan ‘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;\n\n‘ATM transaction’ means a cash withdrawal, balance enquiry, or any other service obtained from an ATM in the ATM system in Australia;\n\n‘AusPayNet’ means Australian Payments Network Limited (ACN 055 136 519);\n\n‘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;\n\n‘Connection Agreement’ has the same meaning as in the ATM Access Standard;\n\n‘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;\n\n‘Direct Clearing/Settlement Service’ has the same meaning as in the ATM Access Standard;\n\n‘Direct Connection Service’ has the same meaning as in the ATM Access Standard;\n\n‘Direct Connector’ means a participant that exchanges ATM transaction messages, and clears and settles ATM transactions using two or more direct connections;\n\nan ‘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;\n\na ‘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;\n\nterms defined in the Payment Systems (Regulation) Act 1998 have the same meaning in this Access Regime.\n\n1.  Each participant in the ATM System must do all things necessary on its part to ensure compliance with this Access Regime.\n2.  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.\n3.  This Access Regime is to be interpreted:\n\n-   in accordance with its objective; and\n-   by looking beyond form to substance.\n\n1.  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.\n\nPrice of access\n\nConnection Charge for providing the Direct Connection Service\n\n1.  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.\n2.  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).\n\nConnection Charge for providing the Direct Clearing/Settlement Service\n\n1.  From 3 March 2009, no charge may be levied between participants in the ATM system for providing the Direct Clearing/Settlement Service.\n\nInterchange fees\n\n1.  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:\n\n1.  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\n2.  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.\n\n1.  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.\n\nTransparency\n\n1.  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.\n2.  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.\n3.  The administrator of an ATM sub-network must publish the rules that govern access to the sub-network.\n\nExemptions from paragraphs 11 and 12 of this Regime\n\n1.  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:\n\n1.  whether granting the exemption would be in the public interest;\n2.  the interests of current participants in the system;\n3.  the interests of people who, in the future, may want access to the system; and\n4.  any other matters the Reserve Bank considers relevant.\n\n1.  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.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regime applies to the ATM system as designated and originally commenced on 3 March 2009; its operative scope remains the ATM system. References to the ATM Access Standard (commencing 1 Oct 2025) update the technical standard that governs connections but do not broaden the stated coverage of the regime (see ‘Application’ and the commencement paragraph)."},"complexity_factors":["Multiple technical definitions and cross‑references to an external ATM Access Standard (defined as the AusPayNet standard commencing 1 Oct 2025) increase interpretive complexity.","A fixed price cap for Direct Connection is tied to AusPayNet’s 2008 costs survey ($76,700) rather than an index, complicating future adjustment and enforcement.","Conditional exceptions to the interchange‑fee ban (one‑way arrangements and multilateral ATM sub‑networks) create case‑by‑case assessments and eligibility tests.","Transparency obligations (reporting to the Reserve Bank, publication of sub‑network fees and rules) impose ongoing compliance steps on participants.","Reserve Bank discretion to grant exemptions requires assessment of public interest, participant interests and future access, introducing administrative decision points.","Interplay with the Payment Systems (Regulation) Act 1998 and the regime’s survivability as varied over time adds legal layering and continuity considerations."],"plain_english_summary":"This Access Regime sets rules for who can connect to and charge for use of Australia’s ATM payment system. It caps the Connection Charge for a Direct Connection Service at $76,700 (AusPayNet’s 2008 cost), bans charges for Direct Clearing/Settlement, and generally prohibits interchange fees except for specified one‑way arrangements or multilateral ATM sub‑networks; those arrangements must be reported and published. Access Providers collect the capped fee, Access Seekers pay it, and the Reserve Bank can grant and publish exemptions (see “Price of access”, “Interchange fees”, “Transparency”, “Exemptions”)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original objective of promoting competition and efficiency in the ATM system. The scope remains focused on access pricing, interchange fee regulation, and transparency requirements for the ATM payment system. There is no evidence of significant scope creep beyond the original regulatory intent."},"complexity_factors":["13 defined terms in the interpretation section, several of which reference external documents (the 'ATM Access Standard') rather than being self-contained","Nested conditional logic in paragraphs 11-12: general prohibition on interchange fees, with two specific exceptions, plus a restriction on combining those exceptions","Cross-referencing to the Payment Systems (Regulation) Act 1998 for definitions and enforcement mechanisms","Date-dependent provisions with multiple commencement references (3 March 2009, 1 October 2025, 10 December 2008)","External document dependency: the 'ATM Access Standard' developed by AusPayNet is incorporated by reference but not reproduced in the text"],"plain_english_summary":"This legislation limits how banks and other financial institutions connect to Australia’s ATM network and what they can charge each other. It caps one‑off connection fees, bans most interchange (foreign ATM) fees with limited exceptions (one‑way deals and sub‑networks), requires transparency to the Reserve Bank and public disclosure, and allows RBA exemptions. It primarily affects ATM operators, card issuers, new entrants and, indirectly, consumers by promoting fairer access and lower fees."}},"importantCases":[],"_links":{"self":"/api/acts/access-regime-for-the-atm-system","history":"/api/acts/access-regime-for-the-atm-system/history","analysis":"/api/acts/access-regime-for-the-atm-system/analysis","conflicts":"/api/acts/access-regime-for-the-atm-system/conflicts","importantCases":"/api/acts/access-regime-for-the-atm-system/important-cases","documents":"/api/acts/access-regime-for-the-atm-system/documents"}}