1.2  Regulations in credit card schemes
	
	Payment instruments that involve the transfer of funds 
	across the books of financial institutions require co-operation between 
	these institutions to ensure that payments can be effected. Co-operation 
	normally takes the form of various rules and regulations agreed by 
	participating institutions, either bilaterally or on an industry-wide basis, 
	covering such matters as procedures for funds transfers, technical and 
	operational procedures and criteria for participation.
	
	The Bankcard, MasterCard and Visa credit card schemes 
	have extensive rules and regulations that govern their operations.
	The main characteristic of 
	
	‘four party’ card schemes, 
	which distinguishes them from the three 
	party schemes, is that the rules and regulations are determined 
	collectively by the financial institutions (Issuers 
	and Acquirers) that are members of 
	each scheme, but that are otherwise competitors in providing credit card 
	services to Cardholders and 
	Merchants. In particular, members of each 
	card scheme collectively:
	
		- 
		
		set 
		the wholesale fees (known as 
		Interchange Fees) that are paid to the 
	Issuer by the 
	 
		Acquirer 
		whenever a 
		
		Merchant 
		
		accepts a credit card for payment;
 
		- 
		
		
		determine the criteria for membership of the schemes and the membership 
		fee (ie the price for access); and
 
		- 
		
		in 
		the case of the MasterCard and Visa schemes, impose restrictions that 
		prevent Merchants passing on the cost 
		of accepting Credit Cards to 
		Cardholders – the so-called ‘no 
		surcharge’ rule. (These restrictions are also imposed on 
		Merchants by the 
		three party schemes.)
 
	
	
	Although some minimum set of 
	private-sector regulations is likely to be necessary for the safe and 
	orderly operation of a payment system,
	co-operative behaviour between 
	competitors which involves the collective setting of prices is rarely 
	permitted in market economies. Prima 
	facie, 
	such behaviour is anti-competitive and, where it is allowed, it typically 
	requires some form of dispensation by competition authorities on the basis 
	that there are offsetting benefits to the public. In Australia, the Trade 
	Practices Act 1974 prohibits 
	co-operative behaviour between competitors if it has the effect of 
	substantially lessening competition, fixing or maintaining prices, or 
	restricting or limiting dealings with particular persons such as new 
	entrants to a market. However, such conduct may be authorised by the 
	Australian Competition and Consumer Commission (ACCC) if it judges it to 
	result in a net public benefit.
	
	Several payment systems in Australia have 
	sought authorisation to ensure that 
	their regulations can satisfy a public interest test. For instance, 
	the regulations and procedures for four clearing streams operated by the 
	Australian Payments Clearing Association (APCA) – which govern the transfer 
	of funds involved in ATM and debit card (EFTPOS) transactions, cheques, bulk 
	electronic and high-value transactions – have been authorised under the 
	Trade Practices Act 1974, and participants are 
	thus free from the risk of prosecution for engaging in the behaviour 
	authorised.
	
	
	However, none of the credit card schemes in Australia are authorised under 
	the Trade 
	Practices Act 1974. The Bankcard scheme was 
	granted authorisation in 1980 by the Trade Practices Commission, the 
	predecessor of the ACCC, on condition that scheme members not impose 
	restrictions on the freedom of merchants to determine the prices they were 
	prepared to charge customers paying either with cash or Bankcard. The 
	authorisation was revoked in 1990, one reason being the Commission's 
	concerns about Bankcard's restrictive membership criteria.
	Neither the MasterCard nor Visa 
	credit card schemes has applied for authorisation.