In September 2018, the ACCC imposed an infringement notice
against Fitness First for contravening the Competition and
Consumer Act 2010 (Cth) (CCA) provisions relating to excessive
payment surcharges. Fitness First has paid $12,600 under the ACCC
infringement notice for its breaches of the CCA.
Regulatory Framework
The imposition of payment surcharges is regulated by Part IVC of
the CCA and the Reserve Bank of Australia Standard No.3 (Reserve
Bank standard). The CCA provisions and the Reserve Bank standard
operate closely together in regulating how businesses can impose
payment surcharges.
The CCA prohibits 'excessive' surcharges under section
55B. The phrase 'excessive' is defined by reference to the
Reserve Bank standard, where payment surcharges are deemed to be
excessive if either:
