Defined Terms and Documents  

Extract from 'A revised Interchange Standard for the EFTPOS System -  November 2009' re the Payments System Board’s Mandate and Objectives

"The Payments System Board’s responsibilities stem from the Financial System Inquiry (1997), Final Report, March. The Inquiry found that, while earlier deregulation had improved competition and efficiency in Australia’s payments system, further gains were possible. To that end, it recommended the establishment of the Payments System Board at the Reserve Bank with the responsibility and powers to promote greater competition, efficiency and stability in the payments system. The Government accepted those recommendations and established the Payments System Board in 1998. The Board’s responsibilities are set out in the Reserve Bank Act 1959. The Act requires the Board to determine the Bank’s payments system policy so as to best contribute to:
*     controlling risk in the financial system;
*     promoting the efficiency of the payments system; and
*     promoting competition in the market for payment services, consistent with the overall stability of the financial system.

At the time the Board was established, the Government also provided the Reserve Bank with specific powers to regulate payment systems in order to implement the Board’s policies. The most relevant powers in the context of the reforms to the debit card systems are those set out in the Payment Systems (Regulation) Act 1998.  Under this Act, the Bank has the power to designate payment systems and to set standards and access regimes in designated systems. The Act also sets out the matters that the Bank must take into account when using these powers, including the desirability of payment systems: being financially safe for use by participants, efficient and competitive; and not materially causing or contributing to increased risk to the financial system.

7.  Conclusion

The Board has decided that it is in the public interest to amend the EFTPOS interchange fee Standard such that any multilateral interchange fees set by EFTPOS Payments Australia Limited are subject to the same weighted-average cap as applies to the scheme debit systems. Bilateral interchange fees will continue to be regulated as they are now.

The new Standard differs from the draft Standard discussed in Section 4. It incorporates those elements of the draft Standard relating to the setting of multilateral interchange fees, while retaining the elements of the existing Standard that relate to the setting of bilateral interchange fees. A copy of the new Standard is attached. It will come into force on 1 January 2010."

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Below are extracts from Reserve Bank of Australia Bulletin  -  July 1998 - Australia’s New Financial Regulatory Framework that chronicles the Reserve Bank's powers, set out in the Payment Systems (Regulation) Act 1998, that allow the Reserve Bank to undertake more direct regulation of ‘designated’ payments systems to "... promote competition in the market for payments services, consistent with the overall stability of the financial system..." when it judges it to be "in the public interest" which may involve the imposition of access rules or operating standards for participants in such systems:

"The new Payments System Board is responsible for the Bank’s payments system policy, the objectives of which are:

•     controlling risk in the financial system arising from the operation of the payments system;

•     promoting the efficiency of payments systems; and

•     promoting competition in the market for payments services, consistent with the overall stability of the financial system.

The Bank’s powers in this area, set out in the Payment Systems (Regulation) Act 1998, allow it to undertake more direct regulation of ‘designated’ payments systems when it judges it to be in the public interest. This may involve the imposition of access rules or operating standards for participants in such systems. The Act also provides a framework for regulation of purchased payment facilities, such as travellers cheques and stored-value cards."

The definition of User Pays Principle provides other pertinent information concerning the obligations upon the Reserve Bank and its Payments System Board.

See:

Since 1911 Australia's 'central bank' heavily regulated Australian banks until implementation of the Campbell Committee recommendations in the early '80s. Historically when de-regulation resulted in adverse consequences, re-regulation ensued