Dr Ann Wardrop, Senior Lecturer at La Trobe Law School, recently published ‘Surcharging for Payment: Payment Systems Regulation and the Constitution of a New Economic Norm’ in the most recent issue of the Journal of Banking and Finance Law and Practice. In the article, Dr Ann Wardrop discusses the regulation of surcharging for payment in Australia and its difficulties.
This article discusses the regulation of surcharging for payment in Australia. It has two aims. First, it observes the process of regulating payment surcharging and makes some comment about financial regulation generally. Secondly, it critically discusses current regulation and proposals for reform. It argues that difficulties regulating this area are, in part, related to an insistence on measuring success only by reference to orthodox economic theory; that current surcharging regulation provides an example of how decentred regulation can be rendered ineffectual through the presence of conflicts of interest; and that surcharge regulation has inadvertently constituted a new economic norm in Australia. Finally, the article argues for a prohibition on surcharging for debit cards, eftpos and cash together with hard cap limits on surcharging for credit cards combined with the introduction of regulating providing enforcement powers to a regulator
For more information on the Journal of Banking and Finance Law and Practice and how to obtain the latest copy, please refer to their website.