Retail Payment System Act 2022

1: Title
This Act is the Retail Payment System Act 2022.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent.
2: However, subpart 3
1: Preliminary provisions
3: Purpose
The purpose of this Act is to promote competition and efficiency in the retail payment system for the long-term benefit of merchants and consumers in New Zealand.
4: Purpose and principles of exercising functions and powers under this Act
1: The functions and powers of the Commission and the Minister must be exercised for the purpose set out in section 3
2: In deciding whether to exercise their functions and powers, and in exercising them, the Commission and the Minister must take into account the following principles to the extent that the Commission or Minister considers them relevant:
a: that merchants and consumers should pay no more than reasonable fees for the supply of payment services; and
b: that the retail payment system provides a reasonable degree of transparency. 2021 No 13 s 13
5: Overview of this Act
This Act—
a: provides for the regulation of participants in retail payment networks (including via initial designations and an initial pricing standard); and
b: confers certain functions and powers on the Commission for that purpose, of which some apply to designated networks and others apply to all retail payment networks; and
c: enables the Commission to regulate fees charged by merchants in respect of certain payment services (for example, payment surcharges); and
d: provides for investigation, monitoring, and enforcement by the Commission.
6: Functions of Commission under this Act
In addition to the other functions conferred on the Commission by this Act, the Commission’s functions in relation to the retail payment system are as follows:
a: to monitor competition and efficiency in the retail payment system:
b: to conduct inquiries, reviews, and studies into any matter relating to the retail payment system in New Zealand:
c: to make available reports, summaries, and information about the things referred to in paragraphs (a) and (b)
d: to co-operate with and assist other law enforcement or regulatory agencies that carry out a role in relation to the retail payment system. 1986 No 5 s 49 1986 No 121 s 6
7: Interpretation
In this Act, unless the context otherwise requires,— access standard subpart 2 section 20(1)﻿(c) affected persons Commission Commerce Act 1986 consumer contravention of this Act designated network
a: declared to be a designated retail payment network under subpart 1
b: designated under an initial designation designation order
a: an Order in Council under section 10
b: an initial designation direction subpart 3 goods Fair Trading Act 1986 information disclosure standard subpart 2 section 20(1)﻿(a) initial designation subpart 2 initial pricing standard subpart 3 make publicly available merchant Fair Trading Act 1986 merchant surcharging standard subpart 1 Minister network network infrastructure network operator operator
a: is wholly or partly responsible to the participants (or any of them) for the network rules:
b: operates or manages the network or the core infrastructure of the network network rules
a: how the network is to be constituted (for example, as a set of arrangements between its participants or as a legal person with whom its participants are to interact):
b: how activities on the network are to be carried out:
c: the rights and obligations under the network of its operators and participants network standard
a: a standard issued by the Commission under subpart 2
b: the initial pricing standard participant payment payment method payment product payment services payment surcharge
a: for accepting a retail payment; or
b: for using one payment method rather than another pricing standard
a: a network standard issued by the Commission under subpart 2 section 20(1)﻿(b)
b: the initial pricing standard retail payment retail payment network retail payment system service provider services Fair Trading Act 1986 standard
8: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
9: Act binds the Crown
1: This Act binds the Crown.
2: However, the Crown is not liable to pay a pecuniary penalty under subpart 3
3: Where it is alleged that the Crown has contravened any provision of this Act, the Commission or the person directly affected by the contravention may apply to the court for a declaration that the Crown has contravened that provision and, if the court is satisfied on the balance of probabilities that the Crown has contravened that provision, it may make a declaration accordingly. 1986 No 5 s 5
2: Designated networks
1: Designations
10: Designation of networks by Order in Council
1: The Governor-General may, on the recommendation of the Minister, make an Order in Council declaring a retail payment network (excluding the cash retail payment network) to be a designated network.
2: A designation order is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
11: Minister’s recommendation
1: The Minister may recommend to the Governor-General that a retail payment network be designated only after receiving a recommendation from the Commission.
2: In deciding whether to make a recommendation that a designation order be made, the Minister may do any of the following:
a: accept or reject the Commission’s recommendation:
b: request that the Commission reconsider any matter (such as an error, an oversight, or competing policy interests):
c: make any other decision that the Minister considers is in the public interest.
12: Commission’s recommendation
1: The Commission may recommend to the Minister that a retail payment network be designated.
2: In deciding whether to make a recommendation, the Commission must take into account the following:
a: any features of the retail payment network, or any conduct of participants in the network, that reduce, or are likely to reduce, competition or efficiency:
b: the nature of the network, including the number, value, and nature of the transactions that the network currently processes or is likely to process in the future:
c: the Financial Market Infrastructures Act 2021
13: Process for Commission’s recommendation
1: Before making a recommendation under section 12
a: consult the Reserve Bank of New Zealand if the network comprises any part of a system that is a designated FMI within the meaning of the Financial Market Infrastructures Act 2021
b: consult affected operators of the network about the proposed designation (including the Commission’s reasons for proposing to make a recommendation).
2: The Commission must make the recommendation publicly available as soon as practicable after making it, including a statement of its reasons for making the recommendation.
14: Content of designation
1: A designation order must specify both of the following:
a: the network:
b: at least 1 person that is an operator of the network.
2: A designation order may specify 1 or more of the following:
a: the payment products in the designated network:
b: documents that set out some or all of the network rules (whether the documents are referred to by name or description):
c: classes of participants. 2021 No 13 s 29
15: Duration of designation
1: A designation order continues in force until the date on which the order expires (the expiry date
2: A designation order must state its expiry date, which must be no later than 10 years after the date on which the order commences.
3: If a network ceases to be a designated network, any network standard or direction that applies to the network—
a: expires if the standard or direction applies only to that network; or
b: ceases to apply to the network in any other case.
16: Amendment and revocation of designation
A designation order may be amended or revoked under sections 10 to 14
a: sections 12(2) 13
b: section 12(2)
2: Network standards for designated networks
17: Commission may issue network standards for designated networks
1: The Commission may issue network standards.
2: A network standard may do either or both of the following:
a: impose requirements on participants in designated networks:
b: set out requirements applying to designated networks with which the participants must ensure compliance.
3: A network standard may—
a: apply to all participants in designated networks, a particular participant, or a class of participants:
b: apply to all designated networks, a particular designated network, or a class of designated networks:
c: apply in all circumstances, particular circumstances, or a class of circumstances (for example, in relation to payment products or payment methods).
4: A network standard issued under this section is secondary legislation ( see Part 3 2021 No 13 s 31 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
18: Criteria for issuing network standards
In deciding whether to issue a network standard (the proposed standard
a: in the case of a proposed pricing standard or access standard, take into account whether there are any features of the retail payment network, or any conduct of participants in the network, that reduces, or are likely to reduce, competition or efficiency:
b: in the case of a proposed access standard, consider the effect on innovation in the retail payment system of issuing a network standard.
19: Process for issuing network standards
1: Before issuing a network standard (the proposed standard
a: make the proposed standard publicly available; and
b: consult affected persons, or persons that the Commission considers to be representatives of affected persons, about the proposed standard (including the Commission’s reasons for issuing the proposed standard).
2: After issuing a network standard, the Commission must make the standard, and the Commission’s reasons for issuing the standard, publicly available. 2021 No 13 s 32
20: Subject matter of network standards
1: A network standard may deal with, or otherwise relate to, 1 or more of the following matters:
a: the disclosure of information relating to payment services or the designated network, including requirements for information to be provided—
i: by participants to all or any of merchants, consumers, the Commission, and the public; and
ii: by one class of participants to another:
b: pricing for payment services, including—
i: pricing principles and limits on fees (or components of fees) charged by all or any participants or classes of participants in a designated network:
ii: pricing method requirements, including requirements relating to pricing methodologies and how prices are expressed, and to pricing formats when prices are offered to merchants:
c: access requirements for aspects of a designated network, including—
i: how a person may become a participant of a network or gain access to network infrastructure or services, including requiring any class of participants to allow new participants to access all or certain aspects of the network (for example, to allow access for new acquirers to a network or to provide for new entrants or acquirers to access switch infrastructure or for providers of new payment products to use the retail payment network):
ii: how a participant may be required to provide access to network infrastructure or services to participants.
2: A pricing standard may relate both to fees and to payments having an equivalent object or effect to fees.
3: A network standard may require participants to give to the Commission reports relating to any contraventions of requirements imposed by or under this Act. 2021 No 13 s 34
21: Pecuniary penalty for contravention of network standard
1: A participant who contravenes a requirement of a network standard is liable to a pecuniary penalty.
2: See subpart 3
22: Duration of network standard
1: A network standard continues in force until the date on which it expires (the expiry date
2: A standard must state its expiry date, which must be no later than 10 years after the date on which the standard commences.
23: Amendment and revocation of network standards
A network standard may be amended or revoked under sections 17 to 20
a: sections 18 19
b: section 18
3: Rules of designated networks
24: Commission may give directions about network rules
1: The Commission may, by notice (a direction notice
2: A direction may require 1 or more operators to do 1 or more of the following in accordance with the direction:
a: set network rules:
b: amend network rules:
c: notify the Commission of any amendments made to network rules:
d: apply for, and obtain, the Commission’s approval before making amendments to network rules that are of a type identified in the direction as substantive amendments.
3: A direction may require 1 or more participants to comply with 1 or more network rules.
4: A direction must state the reasons for which it is given.
5: A direction given to a class of participants is secondary legislation ( see Part 3 2021 No 13 s 80 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
25: Criteria for giving directions
In deciding whether to give a direction that relates to setting or amending network rules, and in deciding on its terms, the Commission must take into account whether there are any features of the retail payment network, or any conduct of participants in the network, that reduces, or are likely to reduce, competition or efficiency.
26: Process for giving directions
1: Before giving a direction that relates to setting or amending network rules (the proposed direction
a: make the proposed direction publicly available; and
b: consult affected persons, or persons that the Commission considers to be representatives of affected persons, about the proposed direction (including the Commission’s reasons for giving the proposed direction).
2: After giving a direction, the Commission must make the direction, and the Commission’s reasons for giving the proposed direction, publicly available.
27: Pecuniary penalty for contravention of direction
1: A participant that contravenes a requirement of a direction is liable to a pecuniary penalty.
2: See subpart 3
28: Amendment and revocation of directions
A direction may be amended or revoked in the same way in which it may be made, except that—
a: sections 25 26
b: section 25
3: Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
1: Merchant surcharging standards
29: Purpose of this subpart
1: The purpose of this subpart is to ensure that payment surcharges for payment services are no more than the cost to the merchant of the payment services used for accepting retail payments.
2: The functions and powers of the Commission under this subpart must also be exercised for that purpose. Competition and Consumer Amendment (Payment Surcharges) Act 2016 (Aust), s 55
30: Commission may issue merchant surcharging standards
1: The Commission may issue merchant surcharging standards.
2: A merchant surcharging standard may impose requirements on merchants that use payment services for retail payments.
3: A merchant surcharging standard may—
a: apply to all merchants that accept payment services from networks or a class of those merchants:
b: apply to all networks, a particular network, or a class of networks:
c: apply in all circumstances, particular circumstances, or a class of circumstances (for example, in relation to payment methods or payment products).
4: A standard issued under this section is secondary legislation ( see Part 3 2021 No 13 s 31 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
31: Process for issuing merchant surcharging standards
1: Before issuing a merchant surcharging standard (the proposed standard
a: make the proposed standard, and the Commission’s reasons for issuing the proposed standard, publicly available; and
b: consult persons that the Commission considers to be representatives of affected persons about the proposed standard (including the Commission’s reasons for issuing the proposed standard).
2: After issuing a merchant surcharging standard, the Commission must make the standard, and the Commission’s reasons for issuing the proposed standard, publicly available. 2021 No 13 s 32
32: Subject matter of merchant surcharging standards
1: A merchant surcharging standard may deal with, or otherwise relate to, 1 or more of the following matters:
a: the disclosure of information relating to payment surcharges, including requirements for information to be provided—
i: by merchants to all or any consumers, the Commission, and the public; and
ii: by one class of merchants to consumers that acquire their goods or services:
b: requirements that merchants must represent payment surcharges in respect of payment services in a manner set out in the standard:
c: requirements that merchants must limit payment surcharges in respect of payment services in accordance with the standard:
d: requirements that merchants must keep records of how payment surcharges are calculated.
2: Requirements under subsection (1)﻿(b) and (c) may be linked to—
a: principles and limits on payment surcharges (or components of payment surcharges) payable by consumers or classes of consumers to merchants:
b: requirements relating to surcharging methodologies and how payment surcharges are expressed, and to formats when payment surcharges are charged to consumers. 2021 No 13 s 34
33: Pecuniary penalty for contravention of merchant surcharging standard
1: A merchant who contravenes a requirement of a merchant surcharging standard is liable to a pecuniary penalty.
2: See subpart 3
34: Amendment and revocation of merchant surcharging standards
A merchant surcharging standard may be amended or revoked in the same way in which it may be made, except that section 31
a: a standard that amends another standard if the Commission is satisfied that the amendment is only correcting a minor error or is otherwise of a minor nature only:
b: a revocation of a standard.
35: Notice to take corrective action
1: If satisfied that a merchant has failed to comply with any requirements of a merchant surcharging standard, the Commission may, by written notice given to the merchant, require the merchant to take any steps specified in the notice to—
a: remedy the non-compliance; or
b: ensure that the non-compliance is not continued or repeated.
2: The notice must specify a reasonable period (a specified period
3: A merchant given a notice must comply with the notice within the specified period.
4: A merchant that contravenes a notice is liable to a pecuniary penalty.
5: See subpart 3 2020 No 60 s 23
2: Provisions of Commerce Act 1986 of general application
36: Monitoring and investigation powers of Commission
The following provisions of the Commerce Act 1986
a: section 98
b: sections 98A 98G
c: section 99
d: section 100
e: section 106
37: Powers of Commission based on subpart 8 of Part 4 of Commerce Act 1986
For the purpose of carrying out its functions and exercising its powers under Part 2 subpart 1 section 98
a: investigate any of the following:
i: how effectively and efficiently any person is supplying retail payment services:
ii: how any standard or direction being considered by the Commission may be applied, or how any standard or direction has been applied, in considering standards or directions:
b: examine, consider, or investigate any activity, cost, revenue, transfer, asset valuation, circumstance, or event that is occurring or that has occurred during the previous 7 years:
c: by notice in writing, require any person—
i: to prepare and produce forecasts, forward plans, or other information; and
ii: to apply any methodology specified by the Commission in the preparation of forecasts, forward plans, or other information:
d: by notice in writing, require any person that the Commission has reason to believe may have information or documents relevant to an investigation, audit, or inquiry to do either or both of the following:
i: produce or supply to the Commission documents and information in relation to payment services or the prices or operations of the person in respect of payment services:
ii: answer any questions about any matter that the Commission has reason to believe may be relevant to the investigation, audit, or inquiry:
e: by notice in writing, require any person, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or a member of a class of appropriately qualified persons, as determined by the Commission in relation to the matters in paragraphs (a), (b), (c), and (d)﻿(i). 1986 No 5 s 53ZD
38: Application of other provisions of Commerce Act 1986
The following provisions of the Commerce Act 1986
a: section 13
b: section 15
c: section 16
d: section 17
e: section 25
f: section 26
g: section 79
h: section 79A
i: section 88
j: section 88A
k: section 89
l: section 90
m: sections 99B to 99P
n: section 100A
o: sections 101 102
p: section 103 section 53ZD section 37 sections 53B(1)﻿(c) 53N
q: section 104
r: section 106A
s: section 109 2020 No 60 s 33
3: Pecuniary penalties
39: Pecuniary penalty orders for contraventions of network standards and directions
1: The High Court may, on the application of the Commission, order a participant ( A
a: contravened a pricing standard; or
b: been involved in a contravention of a pricing standard.
2: The amount of any pecuniary penalty under subsection (1) must not exceed,—
a: in the case of an individual, $500,000 for each act or omission; or
b: in any other case, $5 million for each act or omission.
3: The High Court may, on the application of the Commission, order a participant ( A
a: contravened an information disclosure standard; or
b: contravened an access standard; or
c: contravened a direction to set or amend network rules under section 24(2)﻿(a) or (b)
d: contravened a direction to comply with 1 or more network rules under section 24(3)
e: been involved in a contravention of any of those things.
4: The amount of any pecuniary penalty under subsection (3) must not exceed,—
a: in the case of an individual, $200,000 for each act or omission; or
b: in any other case, $2 million for each act or omission.
5: The High Court may, on the application of the Commission, order an operator ( A
a: contravened a direction to notify the Commission of any amendments made to network rules under section 24(2)﻿(c)
b: contravened a direction to obtain the Commission’s approval before making any substantive amendments to network rules under section 24(2)﻿(d)
c: been involved in a contravention of either of those things.
6: The amount of any pecuniary penalty under subsection (5) must not exceed,—
a: in the case of an individual, $15,000 for each act or omission; or
b: in any other case, $150,000 for each act or omission. 1986 No 5 s 80 2020 No 60 s 30
40: Pecuniary penalty orders for contraventions of merchant surcharging standards
1: The High Court may, on the application of the Commission, order a merchant ( A
a: contravened a merchant surcharging standard; or
b: been involved in a contravention of a merchant surcharging standard.
2: The amount of any pecuniary penalty under subsection (1) must not exceed,—
a: in the case of an individual, $200,000 for each act or omission; or
b: in any other case, $600,000 for each act or omission.
41: Pecuniary penalties for contravention of notice to take corrective action
1: The District Court may, on the application of the Commission, order a merchant to pay to the Crown a pecuniary penalty if satisfied that the merchant has failed to comply with a notice given by the Commission under section 35(1)
2: The amount of any pecuniary penalty under subsection (1) must not exceed,—
a: in the case of an individual, $10,000 for each act or omission; or
b: in any other case, $30,000 for each act or omission. 2020 No 60 s 30(4), (5), (6)
42: Who is involved in contraventions
In this subpart, a person is involved in a contravention
a: has attempted to contravene any of those provisions; or
b: has aided, abetted, counselled, or procured any other person to contravene any of those provisions; or
c: has induced, or attempted to induce, any other person, whether by threats or promises or otherwise, to contravene any of those provisions; or
d: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of any of those provisions; or
e: has conspired with any other person to contravene any of those provisions.
43: Proceedings for pecuniary penalties
1: Where conduct by any person constitutes a contravention of 2 or more provisions referred to in this subpart, proceedings may be instituted under this subpart against that person in relation to the contravention of any 1 or more of the provisions.
2: However, no person is liable to more than 1 pecuniary penalty under this subpart in respect of the same conduct.
44: Considerations for court
In determining an appropriate penalty under this subpart, the court must have regard to—
a: the nature and extent of the contravention; and
b: the nature and extent of any loss or damage suffered by any person because of the contravention; and
c: any gains made or losses avoided by the person in contravention; and
d: whether the person in contravention has paid an amount in compensation or taken other steps for reparation or restitution; and
e: the circumstances in which the contravention or other act or omission took place (including whether it was intentional, inadvertent, or caused by negligence); and
f: any previous contraventions of a similar nature; and
g: any other relevant matter. 2020 No 60 s 30(6)
4: Other proceedings and enforcement
Compensation
45: Court may order compensation
1: The court may order a person to pay compensation to any person (an aggrieved person Guidance note
A contravention of this Act See section 7
2: An application for an order under this section may be made by the Commission or by an aggrieved person.
3: In proceedings under this section, the court may make any orders as to costs that it thinks fit. 1986 No 5 s 87A 2013 No 69 s 494 2020 No 60 s 32 Undertakings
46: Enforceable undertakings in connection with enforcement of this Act
The following provisions of the Commerce Act 1986
a: section 74A
b: section 74B
c: section 74C Injunctions
47: Court may grant injunction
1: The court may, on the application of the Commission or any other person, grant an injunction—
a: restraining a person from engaging in conduct that constitutes or would constitute a contravention of this Act:
b: requiring a person to do an act or a thing if—
i: that person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do that act or thing; and
ii: the refusal or failure was, is, or would be a contravention of this Act. Guidance note
A contravention of this Act See section 7
2: The court may at any time rescind or vary an injunction granted under this subpart. 2013 No 69 s 480 2020 No 60 s 35
48: When court may grant restraining injunctions
1: The court may grant an injunction restraining a person from engaging in conduct of a particular kind if—
a: it is satisfied that the person has engaged in conduct of that kind; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
2: The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.
3: Subsections (1)﻿(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.
4: Subsections (1)﻿(b) and (2) apply whether or not—
a: the person has previously engaged in conduct of that kind; or
b: there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind. 2013 No 69 s 481 2020 No 60 s 36
49: When court may grant performance injunctions
1: A court may grant an injunction requiring a person to do an act or a thing that they are required to do under this Act (including under a standard or direction) if—
a: it is satisfied that the person has refused or failed to do that act or thing; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing.
2: The court may grant an interim injunction requiring a person to do an act or a thing that they are required to do under this Act (including under a standard or direction) if in its opinion it is desirable to do so.
3: Subsections (1)﻿(a) and (2) apply whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing.
4: Subsections (1)﻿(b) and (2) apply whether or not—
a: the person has previously refused or failed to do that act or thing; or
b: there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing. 2020 No 60 s 37
50: Commission’s undertaking as to damages not required
1: If the Commission applies to the court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.
2: In determining the Commission’s application for the grant of an interim injunction, the court must not take into account that the Commission is not required to give an undertaking as to damages. 2013 No 69 s 482 2020 No 60 s 38
51: Limit on proceedings
Proceedings for civil pecuniary penalties or compensation may be commenced within 3 years after the contravention occurred. 1986 No 5 ss 86(6) 87(6)
5: Miscellaneous provisions
52: Authorisation for restrictive trade practices
Part 2
53: Applications, submissions, and other information given to Commission or other person in accordance with Commission’s requirement
1: An application or a submission made, or any other information given, to the Commission, or to be made or given to another person in accordance with a requirement of the Commission, must be made or given in the way required by the Commission.
2: The Commission’s requirements may include (without limitation) requirements about 1 or more of the following:
a: the form in which the application, submission, or information must be made or given:
b: the information that must be given with the application, submission, or information:
c: the way in which any information referred to in this section must be verified.
3: Information to be given to the Commission or other person must be given within the period determined by the Commission. 2021 No 13 s 149
54: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: requiring the payment to the Commission of fees and charges for obtaining the Commission’s approval for amendments to network rules that are of a type identified by the Commission in a direction under section 24(2)﻿(d)
b: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: The Minister may make a recommendation only if the Minister has consulted persons that the Minister considers are likely to be significantly affected by the regulations or persons that the Minister considers to be representatives of those persons.
3: Regulations made under this section are secondary legislation ( see Part 3
4: Regulations may authorise the Commission to refund or waive, in whole or in part and on any conditions as may be prescribed, payment of any fee or charge payable in relation to any person or class of persons.
5: The Commission may refuse to carry out a function until a fee or charge is paid.
6: Any fee or charge payable to the Commission is recoverable by the Commission in any court of competent jurisdiction as a debt due to the Commission.
7: If the regulations authorise the Commission under subsection (4),—
a: an instrument by which the Commission grants a refund or waiver is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 2021 No 13 s 153 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.