Commonwealth Consolidated Regulations

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COMPETITION AND CONSUMER REGULATIONS 2010 - REG 80A

Single price does not apply to surcharges on food or beverage in restaurants

             (1)  This regulation is made for paragraphs 48(4A)(a) and (b) of the Australian Consumer Law.

Class of representations

             (2)  A class of representations is representations that:

                     (a)  are made on the menu of a restaurant; and

                     (b)  refer to the imposition of a surcharge on the consideration for the supply of food or beverage by the restaurant on a specified day or days.

             (3)  Subregulation (2) applies whether or not the menu:

                     (a)  identifies the food or beverage; and

                     (b)  displays the consideration for the supply of food or beverage.

Conditions in relation to a representation in the class

             (4)  The representation must include the words "a surcharge of [percentage] applies on [the specified day or days] ".

             (5)  The representation must be transparent.

             (6)  The representation must be displayed at least as prominently as the most prominent display on the menu of the following:

                     (a)  the consideration for the supply of food or beverage;

                     (b)  a fee or surcharge relating to the supply of food or beverage.

             (7)  However, if the menu does not display the consideration for the supply of food or beverage, and does not display any other fee or surcharge relating to the supply of food or beverage, the representation must be displayed in a way that is conspicuous and visible to a reader.

             (8)  In this regulation:

"restaurant" :

                     (a)  means a business, service or arrangement:

                              (i)  in which food or beverage is sold to customers; and

                             (ii)  of a kind commonly known as a restaurant, cafe, bistro or any similar term; and

                     (b)  does not include a business, service or arrangement by which food or beverage is provided or delivered to customers in the expectation of consumption at a later time; and

                     (c)  does not include a business, service or arrangement for the delivery of groceries.

Example 1: Other examples for paragraph (a) are:

(a)    a shop selling takeaway food; and

(b)    a business that supplies food, ordered for immediate consumption, by home delivery only.

Example 2: An example for paragraph (b) is a business that delivers prepared meals as part of a diet or health program.

Example 3: An example for paragraph (c) is the home delivery service of a supermarket.



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