77Non-cash payment surcharges

77 Non-cash payment surcharges

77 Non-cash payment surcharges

(1) A fares order may specify the maximum amount payable for a non-cash payment surcharge or surcharges for the same hiring of a taxi or hire vehicle.

(2) In this Part, a non-cash payment surcharge means a fee or charge (however calculated)—

(a) added to the amount otherwise payable by a hirer of a taxi or hire vehicle because the amount payable for the hire is paid wholly or partly by the use of a debit, credit, pre-paid or charge card, or

(b) payable by all or any of the owner or driver of, or holder of a taxi licence for, a taxi or hire vehicle or the provider of a service using a taxi or hire vehicle because an amount payable for the hire of the taxi or hire vehicle is paid wholly or partly by the use of a debit, credit, pre-paid or charge card.

(3) Without limiting subsection (2), a fee or charge may be a non-cash payment surcharge whether or not it is payable for accepting or processing payment made by the use of a debit, credit, pre-paid or charge card and whether or not the fee or charge is based on the amount payable for a hire.

(4) A non-cash payment surcharge does not include a fee or charge imposed in respect of the use of a debit, credit, pre-paid or charge card by—

(a) a participant in a designated payment system within the meaning of the Payment Systems (Regulation) Act 1998 of the Commonwealth, or

(b) a person consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia.

(5) This section does not limit the operation of section 76 (5).