{"id":"F2025L01580","name":"Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025","slug":"competition-and-consumer-industry-codes-cash-acceptance-regulations-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443085,"registerId":"F2025L01580-fast-fetch-1775957994733","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025","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.jpeg)\n\n \n\nCompetition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025\n\nI, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated     11 December 2025\n\nSam Mostyn AC\n\nGovernor‑General\n\nBy Her Excellency’s Command\n\nDr Jim Chalmers\n\nTreasurer\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\nDivision 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Simplified outline of this instrument\n\nDivision 2—Interpretation\n\n5 Definitions\n\n6 Meaning of small business entity\n\n7 Legal tender\n\nDivision 3—Mandatory industry codes\n\n8 Mandatory industry codes\n\n9 Civil penalty provisions of industry codes\n\n10 Review of certain decisions under industry codes\n\nPart 2—Industry code relating to cash acceptance by supermarket retailers\n\n11 Industry to which this Code applies\n\n12 Accepting cash payments\n\n13 Commission may grant exemptions\n\nPart 3—Industry code relating to cash acceptance by motor fuel retailers\n\n14 Industry to which this Code applies\n\n15 Accepting cash payments\n\n16 Commission may grant exemptions\n\n \n\nPart 1—Preliminary\n\nDivision 1—Preliminary\n\n1  Name\n\n  This instrument is the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025.\n\n2  Commencement\n\n (1) Each provision of this instrument 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 instrument 1 January 2026. 1 January 2026\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Competition and Consumer Act 2010.\n\n4  Simplified outline of this instrument\n\nThis instrument prescribes mandatory industry codes which regulate the conduct of supermarket retailers and motor fuel retailers towards consumers.\n\nThe Codes require retailers to ensure that consumers making in‑person payments of $500 or less between 7 am and 9 pm are provided a reasonable opportunity to do so in cash. A retailer may be liable to a civil penalty for failing to comply with this requirement.\n\nThe requirement does not apply to certain small business retailers, or to retail sites of motor fuel retailers that do not supply automotive unleaded petrol.\n\nThe Codes allow the Commission to exempt particular retailers or classes of retailers from the requirement if satisfied of certain matters.\n\nDivision 2—Interpretation\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Commission;\n\n(b) corporation.\n\n  In this instrument:\n\nAct means the Competition and Consumer Act 2010.\n\ncash payment means payment by way of cash (in the form of coin or printed money).\n\ncash payment point means:\n\n (a) a counter (or section of a counter) or kiosk (whether self‑service or otherwise) at which in‑person payments can be made by way of a cash payment; or\n\n (b) any other location reasonably identifiable as a place at which in‑person payments can be made, if the payments can be made at the location by way of a cash payment.\n\nconsumer has the meaning given by subsection 51ACA(1) of the Act.\n\nin‑person payment means a payment by an individual (including for or on behalf of another person) that is made:\n\n (a) for a supply of goods or services by a supermarket retailer or a motor fuel retailer; and\n\n (b) while the individual is physically present at premises, or a part of premises, used by the retailer to carry on a supermarket business or motor fuel business.\n\nmotor fuel business means a business that involves the retail sale of motor fuel.\n\nmotor fuel retailer means a corporation that carries on a motor fuel business in Australia.\n\nregistered trade mark has the same meaning as in the Trade Marks Act 1995.\n\nretail site, in relation to a supermarket retailer or motor fuel retailer, means premises, or a part of premises:\n\n (a) used by the retailer to carry on a supermarket business or motor fuel business; and\n\n (b) at which the retailer ordinarily accepts in‑person payments.\n\nsmall business entity: see section 6.\n\nsupermarket business has the same meaning as in the Competition and Consumer (Industry Codes—Food and Grocery) Regulations 2024.\n\nsupermarket retailer means a corporation that carries on a supermarket business in Australia.\n\ntrade mark user, in relation to a registered trade mark, means a supermarket retailer or motor fuel retailer that:\n\n (a) owns, or is an authorised user (within the meaning of the Trade Marks Act 1995), of the trade mark; and\n\n (b) uses the trade mark for branding in relation to the supermarket business or motor fuel business carried on by the retailer in Australia.\n\n6  Meaning of small business entity\n\n (1) A supermarket retailer or motor fuel retailer is a small business entity at a time in an income year within the meaning of the Income Tax Assessment Act 1997 if the retailer is a small business entity within the meaning of that Act for the income year, disregarding the effect of:\n\n (a) subsection 328‑110(4) of that Act (which deals with aggregated turnover worked out as at the end of the income year); and\n\n (b) subsection 328‑120(3) of that Act (which deals with excluding amounts derived from sales of retail fuel).\n\n (2) However, a supermarket retailer or motor fuel retailer is not a small business entity at a time if, at that time:\n\n (a) the retailer is a trade mark user in relation to a registered trade mark; and\n\n (b) another supermarket retailer or motor fuel retailer that is not a small business entity under subsection (1) is also a trade mark user in relation to that trade mark.\n\n7  Legal tender\n\n  To avoid doubt, nothing in this instrument requires the acceptance of a payment made other than by way of a legal tender.\n\nNote: See Part IV of the Currency Act 1965 (which deals with a legal tender made in coins) and section 36 of the Reserve Bank Act 1959 (which provides for notes issued under certain laws of the Commonwealth to be legal tender).\n\nDivision 3—Mandatory industry codes\n\n8  Mandatory industry codes\n\n  For the purposes of section 51AE of the Act, the industry code set out in Part 2 or 3 of this instrument:\n\n (a) is prescribed for the purposes of Part IVB of the Act; and\n\n (b) is declared to be a mandatory industry code.\n\n9  Civil penalty provisions of industry codes\n\n (1) A provision of Part 2 or 3 of this instrument that is of one of the following kinds and sets out at its foot a pecuniary penalty indicated by the words “civil penalty” is a civil penalty provision of the industry code set out in that Part for the purposes of Part IVB and section 76 of the Act:\n\n (a) a subsection;\n\n (b) a section that is not divided into subsections.\n\n (2) However, no provision of this instrument is a civil penalty provision for those purposes during the period of 6 months beginning on the day this instrument commences.\n\n10  Review of certain decisions under industry codes\n\n  Applications may be made to the Administrative Review Tribunal for review of decisions of the Commission refusing to exempt a supermarket retailer under subsection 13(1) or a motor fuel retailer under subsection 16(1).\n\nPart 2—Industry code relating to cash acceptance by supermarket retailers\n\n \n\n11  Industry to which this Code applies\n\n  This Part sets out an industry code that relates to the industry of food and groceries.\n\n12  Accepting cash payments\n\n (1) A supermarket retailer must ensure that a consumer who is to make an in‑person payment at a retail site of the retailer has a reasonable opportunity to do so by way of a cash payment if:\n\n (a) the amount of the payment is $500 or less; and\n\n (b) the payment is to be made at a time during the period starting at 7 am and ending at 9 pm on a day.\n\nNote: This provision is not a civil penalty provision during the period of 6 months beginning on the day this instrument commences: see subsection 9(2).\n\nCivil penalty: 600 penalty units.\n\n (2) In determining whether the consumer has a reasonable opportunity for the purposes of subsection (1), regard is to be had to:\n\n (a) whether the number (which must be at least one) of cash payment points operating at the retail site when the payment is to be made is reasonable and proportionate, taking into account:\n\n (i) consumer demand for making cash payments; and\n\n (ii) the size and nature of the supermarket business carried on by the retailer; and\n\n (b) whether the level of effort required of the consumer to make a cash payment at the retail site is reasonable in the circumstances; and\n\n (c) any other relevant matters.\n\n (3) This section does not apply to a supermarket retailer that is a small business entity.\n\n13  Commission may grant exemptions\n\n (1) The Commission may, on the written application of a supermarket retailer, exempt the retailer from the operation of section 12 if the Commission is satisfied that:\n\n (a) both:\n\n (i) exceptional circumstances outside of the retailer’s control are preventing or will prevent the retailer from complying with that section; and\n\n (ii) the retailer has taken all reasonable steps to be able to comply with that section; or\n\n (b) the costs associated with the retailer complying with that section pose a significant risk to the ongoing feasibility of the supermarket business carried on by the retailer.\n\nNote: The exemption must be made by written instrument, which is a notifiable instrument: see subsection 51AE(1D) of the Act.\n\n (2) The Commission may, on its own initiative, exempt a class of supermarket retailers from the operation of section 12 if the Commission is satisfied that:\n\n (a) there are exceptional circumstances, outside of the control of the retailers and of a widespread nature; and\n\n (b) those circumstances are preventing or will prevent the retailers from complying with that section.\n\nNote: The exemption must be made by written instrument, which is a legislative instrument: see subsection 51AE(1D) of the Act.\n\n (3) An exemption under this section:\n\n (a) may or may not be limited to apply in relation to payments to be made in specified circumstances, including:\n\n (i) at specified retail sites or classes of retail sites of one or more supermarket retailers; and\n\n (ii) at specified times (such as specified times of day or of particular days of the week); and\n\n (b) may or may not be limited to a specified period; and\n\n (c) may apply unconditionally or subject to specified conditions.\n\n (4) An exemption under this section has effect according to its terms.\n\nPart 3—Industry code relating to cash acceptance by motor fuel retailers\n\n \n\n14  Industry to which this Code applies\n\n  This Part sets out an industry code that relates to the retail motor fuel industry.\n\n15  Accepting cash payments\n\n (1) A motor fuel retailer must ensure that a consumer who is to make an in‑person payment at a retail site of the retailer has a reasonable opportunity to do so by way of a cash payment if:\n\n (a) the amount of the payment is $500 or less; and\n\n (b) the payment is to be made at a time during the period starting at 7 am and ending at 9 pm on a day.\n\nNote: This provision is not a civil penalty provision during the period of 6 months beginning on the day this instrument commences: see subsection 9(2).\n\nCivil penalty: 600 penalty units.\n\n (2) In determining whether the consumer has a reasonable opportunity for the purposes of subsection (1), regard is to be had to:\n\n (a) whether the number (which must be at least one) of cash payment points operating at the retail site when the payment is to be made is reasonable and proportionate, taking into account:\n\n (i) consumer demand for making cash payments; and\n\n (ii) the size and nature of the motor fuel business carried on by the retailer; and\n\n (b) whether the level of effort required of the consumer to make a cash payment at the retail site is reasonable in the circumstances; and\n\n (c) any other relevant matters.\n\n (3) This section does not apply to a motor fuel retailer that is a small business entity.\n\n (4) This section does not apply in relation to a retail site of a motor fuel retailer if the retailer does not routinely make supplies of automotive unleaded petrol at the site.\n\nNote: For example, a retail site at which only diesel fuel is supplied.\n\n16  Commission may grant exemptions\n\n (1) The Commission may, on the written application of a motor fuel retailer, exempt the retailer from the operation of section 15 if the Commission is satisfied that:\n\n (a) both:\n\n (i) exceptional circumstances outside of the retailer’s control are preventing or will prevent the retailer from complying with that section; and\n\n (ii) the retailer has taken all reasonable steps to be able to comply with that section; or\n\n (b) the costs associated with the retailer complying with that section pose a significant risk to the ongoing feasibility of the motor fuel business carried on by the retailer.\n\nNote: The exemption must be made by written instrument, which is a notifiable instrument: see subsection 51AE(1D) of the Act.\n\n (2) The Commission may, on its own initiative, exempt a class of motor fuel retailers from the operation of section 15 if the Commission is satisfied that:\n\n (a) there are exceptional circumstances, outside of the control of the retailers and of a widespread nature; and\n\n (b) those circumstances are preventing or will prevent the retailers from complying with that section.\n\nNote: The exemption must be made by written instrument, which is a legislative instrument: see subsection 51AE(1D) of the Act.\n\n (3) An exemption under this section:\n\n (a) may or may not be limited to apply in relation to payments to be made in specified circumstances, including:\n\n (i) at specified retail sites or classes of retail sites of one or more motor fuel retailers; and\n\n (ii) at specified times (such as specified times of day or of particular days of the week); and\n\n (b) may or may not be limited to a specified period; and\n\n (c) may apply unconditionally or subject to specified conditions.\n\n (4) An exemption under this section has effect according to its terms.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears tightly scoped to its original purpose of mandating cash acceptance in supermarkets and petrol stations. The scope has not expanded beyond these two specific retail sectors, and the exemptions and limitations (small business carve-out, time restrictions, monetary thresholds) suggest a targeted rather than expanded approach."},"complexity_factors":["Moderate cross-referencing to external legislation (Competition and Consumer Act 2010, Income Tax Assessment Act 1997, Trade Marks Act 1995, Currency Act 1965, Reserve Bank Act 1959)","Nested definitions requiring external statutory interpretation (e.g., 'small business entity' relies on tax law definitions with specific modifications)","Conditional exemptions with multiple alternative grounds (exceptional circumstances OR feasibility risk)","Subjective standards requiring case-by-case assessment ('reasonable opportunity', 'reasonable and proportionate', 'reasonable in the circumstances')","Dual industry application with slightly different exemption rules (petrol stations have additional site-specific exemption for non-unleaded sites)","Anti-avoidance provision for small business status (section 6(2) prevents big chains from using trademark licensing to claim small business exemption)","Grace period provision creating temporal conditional liability"],"plain_english_summary":"This law requires large supermarket and petrol retailers to give customers a reasonable opportunity to pay with physical cash for in-person purchases up to $500 between 7am and 9pm, with limited exemptions for small businesses, diesel-only sites, and ACCC-granted relief. Noncompliance can attract a substantial corporate fine, though penalties are suspended for six months. It preserves access to essential goods and fuel for people who rely on cash as Australia shifts toward cashless payments."},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument's operative scope corresponds to its simplified outline: it applies to supermarket and motor fuel retailers for in‑person payments of $500 or less between 7 am and 9 pm, subject to exclusions (small business entities, certain motor fuel sites) and regulator exemptions. The text contains no internal indication that the final scope departs from the instrument’s stated purpose; all narrowing or exclusions are expressly set out in the provisions (see sections 4, 12–16 and 6)."},"complexity_factors":["Multiple defined terms and cross‑references (eg. Act, supermarket business, small business entity) that require external statutes to interpret (sections 5, 6).","Interaction with Income Tax Assessment Act aggregation rules for determining \"small business entity\" and a carve‑out where trade‑mark users expand aggregation (section 6).","Subjective compliance standard: \"reasonable opportunity\" assessed by proportionality, consumer demand, size/nature of business and \"level of effort\" (sections 12(2), 15(2)).","Discretionary exemption powers for individual retailers and classes with differing evidentiary thresholds (sections 13, 16) and potential conditions/limits on exemptions (subsections 13(3), 16(3)).","Civil penalty designations and a 6‑month non‑penalty transition period create staged enforcement (section 9; sections 12(1), 15(1) notes).","Site‑specific carve‑outs for motor fuel retail sites that do not supply unleaded petrol narrow application in non‑routine cases (section 15(4)).","Administrative review available to challenge Commission refusals, adding procedural routes and litigation risk (section 10).","Single numerical thresholds (amount $500; hours 7 am–9 pm; minimum one cash point) create bright‑line rules but require factual measurement at retail sites (sections 12(1), 15(1), 12(2)(a)/15(2)(a))."],"plain_english_summary":"This instrument prescribes mandatory industry codes requiring supermarket and motor‑fuel retailers to give consumers a reasonable opportunity to pay in cash for in‑person purchases of $500 or less between 7 am and 9 pm. Breach can attract a civil penalty (600 penalty units). Exemptions exist for certain small businesses, some motor‑fuel sites, and where the regulator (the Commission) is satisfied compliance is impracticable or threatens viability."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-industry-codes-cash-acceptance-regulations-2025","history":"/api/acts/competition-and-consumer-industry-codes-cash-acceptance-regulations-2025/history","analysis":"/api/acts/competition-and-consumer-industry-codes-cash-acceptance-regulations-2025/analysis","conflicts":"/api/acts/competition-and-consumer-industry-codes-cash-acceptance-regulations-2025/conflicts","importantCases":"/api/acts/competition-and-consumer-industry-codes-cash-acceptance-regulations-2025/important-cases","documents":"/api/acts/competition-and-consumer-industry-codes-cash-acceptance-regulations-2025/documents"}}