Document ID: chunk:federal_register_of_legislation:F2019N00027:body:0:p24
Version: federal_register_of_legislation:F2019N00027
Segment Type: other
Provision Reference: 
Character Range: 59770–62587

the Scheme;

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

          (i) the Benefit must be apportioned between:

            (A) the Credit Cards of the Scheme and Credit Card 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 Credit Cards of the Scheme 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 Credit Cards of the Scheme and Credit Card 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 Credit Card Transactions undertaken in the Scheme using Credit Cards of the Scheme 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 by that Issuer. This does not preclude an apportionment in another way that meets the requirements of clause 5.2(c); and

       (e) where a Benefit referred to in paragraph (a), (b) or (c) relates to a period that spans more than one Reporting Period, the Benefit or, in the case of a Benefit referred to in paragraph (c), the Relevant Portion of the Benefit, may be allocated among Reporting Periods, on a pro-rata basis based on the number of months in each relevant Reporting Period to which the Benefit relates provided that in which case the allocation must:

          (i)  be on a pro-rata basis based on the number of months in each relevant Reporting Period to which the Benefit relates if an allocation on that basis would fairly and reasonably align the Benefit to the activity to which the Benefit relates; or

          (ii) otherwise on some other basis that fairly and reasonably aligns the allocation of the Benefit to the activity to which the Benefit relates,

       in each case provided that:

          (iiii) no part of it is allocated to any Reporting Period the whole of which occurs