No More Card Surcharges

Key Changes for Businesses and Consumers

From 1 October 2026, Visa, Mastercard, American Express and eftpos will introduce "no surcharge" rules, preventing businesses from charging card payment surcharges for payments made using cards on those networks.

What this means for Customers and Businesses

The removal of card surcharges for all DCNs will result in businesses being unable to charge customers a surcharge for payments made via a DCN.

Customers can expect not to be hit with additional charges for paying by card on top of the listed price.

Businesses that currently recover card acceptance costs through card surcharges will need to consider whether and how those costs are reflected in their general pricing following the introduction of the no-surcharge rules. Businesses that continue charging card surcharges before 1 October 2026 must continue to comply with the current excessive surcharging rules.

For example, businesses will need to determine:

• whether card acceptance costs should be absorbed by the business or reflected in the general pricing of goods and services;
• how existing card processing costs will be incorporated into pricing structures;
• whether any updates are required to minimum spend policies; and
• how pricing will be presented where cash payments are not accepted.

From 1 October 2026, compliance with the no-surcharge requirements will be governed through card network scheme rules and merchant agreements, with enforcement generally undertaken by the relevant card network or payment service provider.

Tap on – what surcharges remain payable?

The changes to card surcharges do not affect other fees and charges which a business may choose to charge, including but not limited to:

• service fees;
• booking fees;
• delivery fees; and
• weekend and public holiday surcharges.

Looking ahead

Businesses should review their pricing structures, customer-facing materials, payment terminals and merchant arrangements to ensure they are ready for the transition to the no-surcharge regime from 1 October 2026.

If you are a business owner or consumer and would like to know more about how the surcharge changes may affect you, please contact our accredited business law specialists and Partners Justin Thornton on jthornton@marsdens.net.au and Rahul Lachman on rlachman@marsdens.net.au or otherwise by calling them on (02) 4626 5077.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.