🇦🇺Australia

Bußgelder wegen überhöhter Kreditkartenzuschläge an Zapfsäulen

3 verified sources

Definition

The ACCC states that businesses can only surcharge up to their cost of acceptance; surcharges above that are illegal excessive surcharges.[7] The RBA’s framework requires acquirers to provide annual cost‑of‑acceptance statements broken down by scheme, which merchants must use to set compliant surcharges.[4][2] Trekk Advisory notes that applying the same surcharge across all card types means it cannot exceed the lowest cost card.[2] The ACCC has reported a spike of nearly 2,500 complaints of excessive surcharging in just 18 months from early 2023, prompting increased enforcement focus.[2] While specific fine amounts vary by case under the Competition and Consumer Act, investigations typically lead to enforceable undertakings, refunds and civil penalties, which can escalate quickly for chains.

Key Findings

  • Financial Impact: Logic estimate: For a chain with 20 sites investigated for excessive surcharges of 0.5 percentage points above cost on AUD 10m in card sales over several years, forced refunds could reach AUD 50,000, with additional legal/compliance costs of AUD 50,000–100,000 and potential ACCC penalties in the low six‑figure range.
  • Frequency: Occasional but high‑impact; triggered by ACCC investigations following customer complaints or audits of advertised surcharges.
  • Root Cause: Flat surcharge percentages set without reference to scheme‑specific cost‑of‑acceptance data; lack of documentation from acquirer statements; manual changes at POS without governance; misunderstanding that a fixed 1.5–2% fee is always permissible.

Why This Matters

The Pitch: Fuel retailers in Australia 🇦🇺 risk ACCC penalties and forced refunds when surcharges exceed true cost. Automating surcharge calculations from acquirer data and documenting cost‑of‑acceptance protects up to tens of thousands in penalties and refunds per investigation.

Affected Stakeholders

Directors and officers of fuel retail companies, Legal and compliance managers, Finance controllers, Franchise owners

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Financial Impact

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Current Workarounds

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Versteckte Gebühren in Flotten- und Tankkartenabrechnung

Hard + logic: A fleet or fuel card programme with AUD 1m of annual card‑paid invoices that are consistently settled via credit card at 1.3% incurs about AUD 13,000 in payment surcharges alone.[3] If 2% of balances incur late‑payment charges at 5.82% plus AUD 60 per instance, that can add another AUD 2,000–5,000 annually. Heavy users of provider reconciliation services at AUD 25 per hour, 10 hours per month, incur about AUD 3,000 per year. Total easily exceeds AUD 20,000 per year for a mid‑size operation.

Nicht durchgereichte Kartengebühren an Tankkunden

Logic estimate: For a single site with AUD 5m annual card turnover and 40% on higher‑cost credit cards, under‑recovering 0.75% (mid‑point between 1% and 1.5% vs a 0.25% flat surcharge) on that portion bleeds about AUD 15,000 per year per site.

Überhöhte Händlergebühren durch suboptimale Kartenakzeptanz

Logic estimate: A site with AUD 5m annual card sales paying 1.3% blended fees vs an optimised 0.8% incurs an avoidable cost of about AUD 25,000 per year per site.

Kundenfrust und Umsatzverlust durch intransparente Benzin-Kreditkartenzuschläge

Logic estimate: If a competitive suburban station loses even 1% of fuel volume on AUD 5m annual sales due to surcharge‑driven defection, that is a revenue impact of AUD 50,000 per year. With typical fuel gross margins of 3–5 cents per litre, this equates to roughly AUD 10,000–20,000 of lost gross profit annually per site, plus extra cash‑handling costs on diverted payment methods.

Bußgelder wegen Verstoß gegen Jugendschutz und Alkohollizenzauflagen

Quantified (logic-based): AUD 1,000–AUD 10,000 statutory fine per detected under‑age sale incident, plus AUD 5,000–AUD 30,000 lost gross profit for a 3–14 day liquor‑licence suspension at a busy fuel‑convenience site; cumulative risk of AUD 10,000–AUD 40,000 per site per year when factoring detection probability and repeat‑offence escalation.

Missbrauch durch unzureichende Altersprüfung bei Online‑Bestellungen und Lieferung

Quantified (logic-based): For a site doing 20 online/delivery alcohol orders per day (~7,300 per year), if 1% lead to disputes or compliance issues due to poor age verification (73 orders) with an average loss of AUD 70 per order in refunds, chargebacks, and admin time, the direct annual loss is ~AUD 5,100. Adding the expected value of at least one regulatory penalty event every 2–3 years at AUD 5,000–AUD 10,000 pushes the effective annualised risk to ~AUD 5,000–AUD 20,000 per site.

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