Document ID: chunk:federal_register_of_legislation:F2019N00027:body:0:p37
Version: federal_register_of_legislation:F2019N00027
Segment Type: other
Provision Reference: 
Character Range: 92420–95163

Scheme Pair over in respect of a Reporting Period exceed the Issuer Payments Direct Issuer Participant Payments of the Issuer Direct Issuer Participant for that Scheme Pair over in respect of that Reporting Period.

    5.2 For the purpose of this clause 5 (and subject to clause 7.3(d)):

       (a) subject to paragraphs (c), (d) and (e), Issuer Receipts of the Issuer for a Scheme Pair is the total of the Benefits received, directly or indirectly, by the Issuer in relation to any of the Cards of the Schemes in the Scheme Pair or Scheme Pair Transactions that have a purpose, or likely effect of promoting or incentivising the issuance or use of Cards of any Scheme in the Scheme Pair or of providing or funding incentives to holders to use Cards of the Scheme or Scheme Pair, but excluding:

          (i)  Interchange Fees;

          (ii) payments made by or on behalf of holders of Cards of the Scheme (or holders of the related Card Accounts) to:

            (A) discharge a liability (whether then due and payable or not) to the Issuer that arose as a result of such a Device being held or used; or

            (B) create a credit balance in the relevant Card Account; and

          (iii) any transaction to reverse a Card Transaction or provide a credit or make a chargeback in relation to a Card Transaction.

       These Benefits include volume based and transaction specific Benefits such as:

          (iv) marketing incentives;

          (v) Benefits for meeting or exceeding a specific transaction volume, percentage share or dollar amount of transactions processed; and

          (vi) signing bonuses;

       (a) subject to paragraphs (c), (d), (e), (f) and (g), Direct Issuer Participant Receipts of the Direct Issuer Participant for a Scheme Pair and a Reporting Period is the total of the Benefits that meet the Incentive Test in relation to that Scheme Pair earned or accrued during, or receivable in respect of, the Reporting Period by the Direct Issuer Participant and payable, allowable or otherwise to be provided, directly or indirectly, by 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 but, if such an Associated Entity is an Acquirer, excluding Interchange Fees;

       (b) subject to paragraphs (c), (d) and (e), Issuer Payments of the Issuer for a Scheme Pair is the total amount of all Benefits paid, given or allowed, directly or indirectly, by the Issuer to or 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