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Retail Payment System Act 2022

Merchant surcharging, monitoring and enforcement, and miscellaneous provisions - Provisions of Commerce Act 1986 of general application

38: Application of other provisions of Commerce Act 1986

You could also call this:

"Rules from the Commerce Act 1986 that apply to the Retail Payment System"

Illustration for Retail Payment System Act 2022

You need to know some rules from the Commerce Act 1986. These rules apply to the Retail Payment System Act 2022. They are about things like meetings and how the Commission works. You can find these rules in the Commerce Act 1986, which is available on the New Zealand legislation website. The rules that apply are sections like section 13 and section 15. They also include section 88 and section 103, but with some changes. These rules help the Commission do its job. They are about how the Commission meets and makes decisions. You can read the Commerce Act 1986 to learn more about these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS528165.

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Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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37: Powers of Commission based on subpart 8 of Part 4 of Commerce Act 1986, or

"The Commission's Powers to Ensure Fair Retail Payment Services"

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39: Pecuniary penalty orders for contraventions of network standards and directions, or

"Paying a fine for breaking payment system rules"

Part 3Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
Provisions of Commerce Act 1986 of general application

38Application of other provisions of Commerce Act 1986

  1. The following provisions of the Commerce Act 1986 apply with any necessary modifications:

  2. section 13 (termination of appointment of members):
    1. section 15 (meetings of Commission):
      1. section 16 (chairperson may direct Commission to sit in Divisions):
        1. section 17 (assent to determination):
          1. section 25 (functions of Commission in relation to dissemination of information):
            1. section 26 (Commission to have regard to economic policies of Government):
              1. section 79 (evidence not otherwise admissible):
                1. section 79A (proceedings for pecuniary penalties):
                  1. section 88 (general provisions relating to granting of injunctions), as if the reference in subsection (3A) to acquirers were a reference to merchants:
                    1. section 88A (when undertaking as to damages not required by Commission):
                      1. section 89 (other orders):
                        1. section 90 (conduct by employees, agents, and others):
                          1. sections 99B to 99P (assistance to overseas regulators), as if references to an overseas regulator were references to an overseas body that has functions in relation to payment services corresponding to those of the Commission under this Act:
                            1. section 100A (Commission may state case for opinion of High Court):
                              1. sections 101 (notices) and 102 (service of notices):
                                1. section 103 (offences), as if the reference to section 53ZD were a reference to section 37 of this Act and as if the references to sections 53B(1)(c) and 53N were ignored:
                                  1. section 104 (determinations of Commission):
                                    1. section 106A (judicial notice):
                                      1. section 109 (Commission may prescribe forms).

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