Which Surcharges Are Still Allowed After the Card Surcharge Ban?

Short answer: Weekend and public holiday surcharges are still allowed. What's banned is a surcharge for paying by card.

If you run a cafe, restaurant or pub and have been wondering whether your Sunday or public holiday loading survives the change, here's what the official guidance says.

What's banned

From 1 October 2026, businesses can no longer add a surcharge to payments made with eftpos, Visa, or Mastercard, according to the Australian Small Business and Family Enterprise Ombudsman (ASBFEO).

Is the public holiday surcharge still allowed?

Yes. The ASBFEO says weekend, public holiday and other surcharges can still apply, as long as they are clearly disclosed before the customer buys. Its example: "A 10% public holiday surcharge applies today."

The difference is simple. A public holiday surcharge applies to everyone, however they pay. A card surcharge only applies when someone pays by card.

What you can't do

You can't keep a card fee alive under a new name. Lawpath notes that a "processing fee" or "service fee" that only applies to card payments is still a card surcharge, and Small Business WA warns that renaming one could be misleading conduct under Australian Consumer Law, with penalties possible.

A quick test: if the fee disappears when the customer pays cash, it's a card surcharge. If it applies to everyone that day, it's a day-based surcharge.

How to display a day surcharge

For restaurants, cafes and bistros, the ACCC says the menu must include the words "a surcharge of [percentage] applies on [the specified day or days]". They must be displayed at least as prominently as the most prominent price on the menu. If your menu has no prices, the words must still be conspicuous.

Other types of business should check the ACCC's price display guidance, as general pricing rules apply.

Discounts are also allowed

The ASBFEO says you can offer discounts for payment methods such as cash or PayID, as long as the discount is clearly displayed before purchase and customers can easily see which methods qualify and how much they'll save.

What this means for your card costs

A public holiday surcharge helps with wages on those days. It doesn't cover the cost of accepting cards the rest of the year, because the ban removed the surcharge, not the fee.

One way to cut that cost is to offer a payment method with no card fees. Pyng payments go directly from the customer's bank account to yours via Australia's NPP, with zero transaction fees, and customers earn Pyng Pops cashback on every payment.

Want to see how it would work at your venue? Apply for Pyng and get set up in minutes.