Document ID: chunk:federal_register_of_legislation:F2019N00027:body:0:p38
Version: federal_register_of_legislation:F2019N00027
Segment Type: other
Provision Reference: 
Character Range: 94944–97755

in favour of the administrator of a Scheme in the Scheme Pair in Australia or an Acquirer in relation to any of the Cards of the Schemes in the Scheme Pair or Scheme Pair Transactions (excluding Interchange Fees and the amount of the Card Transactions paid by the Issuer to the Acquirer to settle obligations arising from the clearing of Card Transactions). These Benefits include:

          (i)  Scheme branding fees;

          (ii) processing fees; and

          (iii) assessment fees;

       (b) subject to paragraphs (c), (d), (e), (f) and (g), Direct Issuer Participant Payments of the Direct Issuer Participant for a Scheme Pair and a Reporting Period is the total amount payable, directly or indirectly, by the Direct Issuer Participant to or in favour of the administrator in Australia of any Scheme in the Scheme Pair or any of the Associated Entities of any administrator in Australia of any Scheme in the Scheme Pair in relation to Core Services provided during or in respect of the Reporting Period for any of the Cards of the Schemes in the Scheme Pair or Scheme Pair Transactions.

       (c) if a Benefit referred to in paragraph (a) or (b) does not relate solely to Cards of any Scheme in the Scheme Pair or Scheme Pair Transactions and also relates to other Devices or other transactions:

          (i) the Benefit must be apportioned between:

            (A) the Cards of any Scheme in the Scheme Pair and Scheme Pair Transactions on the one hand; and

            (B) the other Devices and other transactions on the other,

          fairly and reasonably, having regard to, where relevant, the transaction history on Devices used in the payment systems to which the Benefit relates and the proportion of the Devices to which the Benefit relates that are Cards of a Scheme in the Scheme Pair issued by the Issuer Direct Issuer Participant or by any Indirect Issuer Participant through Sponsorship by that Direct Issuer Participant; and

          (ii) the portion referable to Cards of any Scheme in the Scheme Pair and Scheme Pair Transactions determined in accordance with sub-paragraph (i) (the Relevant Portion) must be included in the determination of Issuer Receipts Direct Issuer Participant Receipts or Issuer Payments Direct Issuer Participant Payments, as applicable;

       (d) one method of apportionment under clause 5.2(c) that will be fair and reasonable for the purpose of clause 5.2(c) that provision is an apportionment on a pro-rata basis, based on the value of Scheme Pair Transactions using Cards of any Scheme in the relevant Scheme Pair issued by that Issuer over during the Reporting Period as a proportion of the total value of the transactions undertaken in any payment system to which the Benefit relates over during the Reporting Period using Devices issued