Can Businesses Charge Card Surcharges After 1 October 2026?

Separate card payment surcharges disappeared across the major Australian card networks from 1 October 2026, but that does not mean every fee or surcharge became unlawful. The key question is whether the extra charge is imposed because the customer paid by an affected card.

Payments covered

Visa, Mastercard and eftpos introduced no-surcharge rules for credit, debit and prepaid card payments from 1 October 2026. American Express and UnionPay also removed surcharging from that date. PayPal’s change commenced on 5 October 2026.¹

The rules apply to businesses and not-for-profit organisations unless a network rule or law provides a particular exception. They can also apply to business-to-business card payments.¹

Fees that can remain

The payment changes do not automatically remove:

• Weekend or public holiday surcharges
• Booking or service fees that are not based on the payment method
• Delivery charges or other properly disclosed transaction costs

Those charges remain subject to the Australian Consumer Law and any specific price-display rules. A restaurant that applies a weekend or public holiday surcharge must display it as required.²

If a surcharge appears

1. Check the receipt and identify the payment network and date.
2. Ask the business to explain and reverse the card surcharge.
3. Keep the receipt, terminal record and any photograph of the displayed price.
4. Raise the issue with the card network or payment service provider, which is responsible for enforcing the no-surcharge merchant rules.
5. Consider an ACCC report if the pricing or explanation appears misleading, noting that the former excessive card surcharge regime ended on 1 October 2026.²

See Also

• Legal Matters Ep 33: Citizen’s Arrest, Self-Defence and Card Surcharges
• Commercial Law Services

This page provides general legal information only; it is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances.