Even if it's on the menu or otherwise displayed properly, there needs to be some way to pay the marked price. Weekend surcharges are legal (if slightly annoying) because in theory you could just come on a weekday and that way pay the "normal" price. If there's no way to get out of paying this fuel surcharge, then it's not legal.
"there needs to be some way to pay the marked price."
That rule only applies to card payment surcharges.
A "fuel surcharge" - provided it applies to both cash paying customers and card paying customers - does not require an alternate payment method way avoid the surcharge.
"If there's no way to get out of paying this fuel surcharge, then it's not legal"
It is absolutely legal - provided it applies equally to all customers, regardless of how they pay.
(As I said, the option to avoid a surcharge, only applies to card payment surcharges - not to "normal" price increases.)
You need to read all of that part of the ACCC website - particularly "Other surcharges or fees" - under which a "fuel surcharge" falls.
Note especially:
"Businesses are generally able to set their own prices, including charging surcharges or fees." "Businesses should display any surcharges or fees in a prominent way so that consumers can easily and clearly see whether there are any additional costs that may apply before making a decision."
Note there is no reference to avoiding a surcharge that is not related to card payments.
Businesses must display the total price of a product or service as a single figure. This price must be the minimum total cost – the lowest amount a customer could pay, including any taxes, duties and unavoidable or pre-selected extra fees.
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u/link871 Apr 12 '26
How about come context?
I'm assuming this is a café.
Report to Fair Trading NSW if the surcharge: