{"id":"C2024A00101","name":"Commonwealth Entities (Payment Surcharges) Act 2024","slug":"commonwealth-entities-payment-surcharges-act-2024","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"101 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436410,"registerId":"C2024A00101-fast-fetch-1775953616335","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commonwealth Entities (Payment Surcharges) Act 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nCommonwealth Entities (Payment Surcharges) Act 2024\n\nNo. 101, 2024\n\n \n\n \n\n \n\n \n\n \n\nAn Act to authorise Commonwealth entities to charge and collect payment surcharges, and for related purposes\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Simplified outline of this Act\n\n4 Definitions\n\n5 Commonwealth entities may charge and collect payment surcharges\n\n6 Refunds\n\n7 Commonwealth payment surcharging policies\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nCommonwealth Entities (Payment Surcharges) Act 2024\n\nNo. 101, 2024\n\n \n\n \n\n \n\nAn Act to authorise Commonwealth entities to charge and collect payment surcharges, and for related purposes\n\n[Assented to 2 December 2024]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Commonwealth Entities (Payment Surcharges) Act 2024.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act The day after this Act receives the Royal Assent. 3 December 2024\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Simplified outline of this Act\n\nThis Act authorises Commonwealth entities to charge and collect payment surcharges.\n\n4  Definitions\n\n  In this Act:\n\naccountable authority:\n\n (a) of a Commonwealth entity other than the High Court—has the meaning given by the Public Governance, Performance and Accountability Act 2013; or\n\n (b) of the High Court—means the Chief Executive and Principal Registrar of the High Court.\n\nCommonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013 (disregarding subsection 10(2) of that Act).\n\nCommonwealth payment surcharging policies has the meaning given by subsection 7(3).\n\npayment surcharge, in relation to a payment, means:\n\n (a) an amount charged, in addition to the amount of the payment, for processing the payment; or\n\n (b) an amount (however described) charged for one payment method rather than another being used to make the payment.\n\nsurchargeable payment: a payment is a surchargeable payment if a law of the Commonwealth, a State or a Territory gives a Commonwealth entity the power, function or duty of charging or collecting a payment surcharge in relation to the payment.\n\n5  Commonwealth entities may charge and collect payment surcharges\n\n (1) A Commonwealth entity may charge and collect a payment surcharge in relation to a payment (the base payment) if:\n\n (a) under a law of the Commonwealth, a State or a Territory, the Commonwealth entity has the power, function or duty of collecting the base payment; and\n\n (b) apart from this section, the base payment is not a surchargeable payment.\n\n (2) A payment surcharge charged under this section must not be such as to amount to taxation.\n\n6  Refunds\n\n  A Commonwealth entity may refund the whole or a part of a payment surcharge that the Commonwealth entity charges and collects under section 5, if the Commonwealth entity believes that the refund would be appropriate.\n\n7  Commonwealth payment surcharging policies\n\n (1) A Commonwealth entity must take all reasonable steps to comply with the Commonwealth payment surcharging policies.\n\n (2) A failure to comply with subsection (1) does not affect the validity of a decision to charge, collect or refund a payment surcharge under section 5 or 6.\n\n (3) The Minister may, by legislative instrument, determine policies (the Commonwealth payment surcharging policies) to be pursued by Commonwealth entities in relation to charging, collecting and refunding payment surcharges under sections 5 and 6.\n\nNon‑compliance\n\n (4) If the accountable authority of a Commonwealth entity becomes aware that the Commonwealth entity has failed to comply with subsection (1) of this section, the accountable authority must notify the Minister in writing of the non‑compliance as soon as practicable.\n\n (5) If the accountable authority notifies the Minister under subsection (4), the Minister may, by legislative instrument, direct the Commonwealth entity to do a specified act, or to refrain from doing a specified act, in relation to the non‑compliance.\n\n (6) The Commonwealth entity must comply with the direction.\n\n (7) Subsection (6) has effect subject to any other law of the Commonwealth.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 25 November 2024\n\nSenate on 27 November 2024]\n\n(153/24)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act, as presented, stays narrowly focused on authorising Commonwealth entities to charge payment surcharges, setting out refund discretion and a ministerial policy/oversight framework. There is no indication in this text that the scope has been broadened beyond that purpose (for example, it does not extend to private sector bodies, nor create broad new tax‑like charges). Therefore it has not materially changed scope beyond its stated aim of authorising and regulating surcharges by Commonwealth entities."},"complexity_factors":["Five defined terms in section 4 (accountable authority; Commonwealth entity; Commonwealth payment surcharging policies; payment surcharge; surchargeable payment).","Direct cross‑references to the Public Governance, Performance and Accountability Act 2013 for key definitions (s 4).","Two substantive conditions to charging a surcharge in s 5(1) (entity must have statutory power to collect base payment; base payment must not already be surchargeable).","Ministerial legislative instrument power plus binding directions on non‑compliance in s 7 (multiple layered powers and obligations).","Low number of sections (7 substantive sections) and limited nested exceptions; one explicit prohibition (must not amount to taxation) in s 5(2).","Operational duties on accountable authorities (notification obligation in s 7(4)) and a ‘reasonableness’ compliance standard in s 7(1), which creates some interpretive uncertainty."],"plain_english_summary":"This law authorises Commonwealth entities to add limited “payment surcharges” to recover processing costs or differentiate by payment method, while prohibiting amounts that would amount to taxation. Entities may refund surcharges at their discretion.\n\nIt affects Commonwealth entities (and their accountable authorities) and people or businesses paying those entities: payers bear the cost, entities must follow ministerial surcharging policies, notify the Minister of non‑compliance, and comply with any lawful directions — centralising oversight and shifting processing costs onto payers."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: authorising payment surcharges by Commonwealth entities. The scope has not expanded beyond this narrow administrative function."},"complexity_factors":["Only 7 sections total, with minimal cross-referencing","Just 5 defined terms in section 4, most referencing external legislation rather than creating new definitions","Simple conditional structure: single main operative provision (section 5) with straightforward 'if A and B' logic","No nested exceptions or complex temporal provisions","Minimal administrative machinery — only basic compliance and notification requirements in section 7","No schedules, regulations, or delegated legislative provisions beyond a single legislative instrument power"],"plain_english_summary":"**What this law does:**\n\nThis Act gives **Commonwealth entities** (basically, federal government bodies like departments and agencies) the legal power to charge **payment surcharges** — extra fees for processing payments made by credit card, debit card, or other payment methods.\n\n**Who it affects:**\n\n- **Government bodies:** Federal agencies that collect money from the public (taxes, fees, fines, etc.) can now legally add processing fees to those payments.\n- **Ordinary people and businesses:** Anyone paying money to the federal government may now be charged an extra fee depending on how they pay (e.g., credit card vs. bank transfer).\n\n**Key points:**\n\n- **The problem it solves:** Before this law, many government bodies weren't sure if they had legal authority to pass on card processing costs to customers. This Act clears that up.\n- **What counts as a surcharge:** Either an extra fee for processing a payment, or a fee for using one payment method instead of another.\n- **Limits:** The surcharge **cannot** be so high that it counts as a tax (which would need different legal authority).\n- **Refunds allowed:** Agencies can refund surcharges if they think it's appropriate.\n- **Rules to follow:** The Minister can set policies about how surcharges work, and agencies must follow them. If they don't, they have to tell the Minister, who can then order them to fix it.\n- **Safety net:** Even if an agency breaks the rules, the surcharge itself still counts legally — the customer still has to pay it.\n\n**Why it matters:**\n\nThis lets government bodies recover the real costs of payment processing (which can be millions of dollars across government) without dipping into general revenue. It also brings government into line with common private sector practice, where businesses routinely pass on card fees."}},"importantCases":[],"_links":{"self":"/api/acts/commonwealth-entities-payment-surcharges-act-2024","history":"/api/acts/commonwealth-entities-payment-surcharges-act-2024/history","analysis":"/api/acts/commonwealth-entities-payment-surcharges-act-2024/analysis","conflicts":"/api/acts/commonwealth-entities-payment-surcharges-act-2024/conflicts","importantCases":"/api/acts/commonwealth-entities-payment-surcharges-act-2024/important-cases","documents":"/api/acts/commonwealth-entities-payment-surcharges-act-2024/documents"}}