221JMeaning of payment surcharge—div 3A.5.2

221J Meaning of payment surcharge—div 3A.5.2 (1) In this division: payment surcharge— (a) means a fee or charge (however calculated)— (i) added to the amount otherwise payable by a hirer of a bookable vehicle because the amount payable for the hire of the vehicle is paid wholly or partly using a declared payment method; or (ii) payable by a bookable vehicle driver, or a bookable vehicle licensee, because an amount payable for the hire of the vehicle is paid wholly or partly using a declared payment method; and (b) includes a fee or charge mentioned in paragraph (a) whether or not the fee or charge— (i) is payable for accepting or processing payment made using a declared payment method; or (ii) is based on the amount payable for a bookable vehicle hiring; but (c) does not include a fee or charge imposed for the use of a declared payment method by— (i) a participant in a designated payment system; or (ii) a person consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia. (2) In this section: designated payment system—see the Payment Systems (Regulation) Act 1998 (Cwlth), section 7 (Definitions). participant, in a payment system—see the Payment Systems (Regulation) Act 1998 (Cwlth), section 7 (Definitions).