'It's illegal': Aussie venue called out for sneaky menu detail

A Sydney bar is under fire for trying to get away with a rule hidden in some small print. And now the ACCC has weighed in on the common act.

Card surcharges. No one likes them, but oh are they common.

Of course, in most places, you can get out of it by paying cash. But, with cashless venues now popping up everywhere, this can be tricky. That’s why there are so many rules around how you need to display it - to make sure consumers are informed.

Unfortunately, not all venues comply, with a Sydney bar now under fire for how they’ve chosen to display their surcharge. But, is it really illegal?

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Image: Reddit.

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“This isn’t right…”

A Sydney Reddit user has taken to the r/Australia subreddit, posting about a sneaky detail on a venue’s bar menu.

The menu has prices for drinks listed in large font. But, in the bottom right corner, you can see clarification of a surcharge.

“Card only - 0.75% surcharge applies to all transactions,” the notice reads.

Of course, the original poster had questions on whether this was the correct way to list a surcharge like this.

“Card Surcharge - this isn't right, right?” the poster asked.

They later clarified that the photo was taken at a bar inside ENGIE Stadium - a western Sydney stadium home to both the GWS Giants and the Sydney Thunder, as well as events like the Sydney Royal Easter Show - which is notoriously a cashless venue.

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“It’s illegal!”

Commenters on the post, like the original poster, doubted that the way the surcharge was displayed was in line with ACCC guidelines.

“It is against the law. If there is no way to avoid the surcharge, then it must be included in the displayed prices and not as a separate add-on,” said one commenter.

“You're right, it's not right, it's illegal,” another agreed.

Some specifically referred to the portion of the ACCC’s card surcharge guidelines on when payment without a surcharge isn't an option, which details that “if there's no way for a consumer to pay without paying a surcharge, the business must include the minimum surcharge payable in the displayed price for its products”.

So… is it illegal?

In a statement from Royal Agricultural Society of NSW, who run Sydney Olympic Park, a spokesperson told Kidspot that ENGIE Stadium is following the ACCC guidelines to the best of their interpretation.

“ENGIE Stadium applies a surcharge on card transactions in accordance with our interpretation of the ACCC guidelines. Accepting card only increases the speed of transaction in an environment where speed of service is essential to customer satisfaction," they said.

The ACCC has also weighed in, clarifying their rules for businesses and how you can get some answers yourself if you're ever concerned.

"There is no prohibition in the Competition and Consumer Act, or the Australian Consumer Law, against businesses applying surcharges to electronic payments where they don’t accept cash. However, under the Australian Consumer Law all businesses must display clear and accurate prices and must not mislead consumers about their prices," a spokesperson told Kidspot.

"If there is no way for a consumer to pay without paying a surcharge, the business must include the minimum surcharge payable in the displayed price for its products or services. The business must also be clear and upfront about any higher surcharge amounts for other payment methods.

"The Australian Consumer Law is enforced by the state and territory consumer protection agencies alongside the ACCC under a one law, multiple regulator model.

"Consumers that have concerns around potentially misleading prices should raise the matter with the business involved in the first instance. If they are unable to resolve the issue, they can report the matter to their local fair trading or consumer affairs agency. Consumers can also report their concerns to the ACCC."

Originally published as 'It's illegal': Aussie venue called out for sneaky menu detail