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Retail Payment System Act 2022

Merchant surcharging, monitoring and enforcement, and miscellaneous provisions - Miscellaneous provisions

54: Regulations

You could also call this:

"Rules Made by the Governor-General"

Illustration for Retail Payment System Act 2022

The Governor-General can make regulations for certain purposes. You need to know that these regulations can require you to pay fees and charges to the Commission. The Minister must consult with people who will be affected by the regulations before making a recommendation. Regulations made under this section are secondary legislation, which means they have to be published in a certain way, as outlined in Part 3 of the Legislation Act 2019. The regulations can also allow the Commission to refund or waive fees and charges in certain situations. If you do not pay a fee or charge, the Commission can refuse to do something for you. The Commission can take you to court to recover any unpaid fees or charges. In some cases, the Commission can grant refunds or waivers, and these decisions may also be secondary legislation, as explained in Part 3 of the Legislation Act 2019. The regulations must say if the Commission has this power.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS544336.

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53: Applications, submissions, and other information given to Commission or other person in accordance with Commission’s requirement, or

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Schedule 1: Transitional, savings, and other related provisions, or

"Extra rules and explanations for the Retail Payment System Act 2022"

Part 3Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
Miscellaneous provisions

54Regulations

  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:

  2. 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) as substantive amendments, and prescribing the amounts of the fees and charges or the way in which the amounts are to be calculated:
    1. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

      1. 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.

      2. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      3. 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.

      4. The Commission may refuse to carry out a function until a fee or charge is paid.

      5. 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.

      6. If the regulations authorise the Commission under subsection (4),—

      7. an instrument by which the Commission grants a refund or waiver is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
        1. the regulations must contain a statement to that effect.

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          Notes