Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
More customers are tapping cards and phones than ever before. As a business owner, a cashless setup can feel simpler, faster and safer - but are you actually allowed to refuse cash in Australia?
In most everyday retail and service situations, the answer is generally yes. You can set reasonable payment terms (including “card only”) so long as you’re clear and fair about them and you comply with consumer law.
Before you switch to card-only, it’s important to understand a few legal and practical rules - from Australian Consumer Law (ACL) transparency requirements and surcharge limits, to privacy and recurring payment consent. In this guide, we’ll cover when a business can refuse cash, the laws that apply to cashless payments, what to include in your policy, and the contracts and processes that help your card-only model run smoothly.
Can Australian Businesses Refuse Cash?
In most private, everyday transactions, a business can set its own terms of trade - including a requirement to pay by card or mobile wallet. There is no general law that forces a private business to accept cash if you’ve clearly communicated another payment method as a condition of sale.
Practically, that means you can display clear “No Cash Accepted” signs and proceed with cashless payments. The key is transparency: customers should know your payment methods before they place an order or receive goods or services. For a deeper dive into this question and common edge cases, see our article on whether a business can refuse cash in Australia by searching our guide titled “Is It Legal To Refuse Cash In Australia?” on our site, or see our related guide on refusing cash in Australia.
Legal tender often comes up in this discussion. Legal tender status relates to settling debts, but it doesn’t force a private business to accept cash where you’ve set a different payment method as a condition before the sale. The nuance is timing. If a debt has already been created without agreed payment terms (for example, invoiced services where method wasn’t specified), offering cash might be relevant to settling that debt. In most retail settings, the terms are set up-front, so you can condition the sale on card-only payment.
What Laws Apply To Cashless And Card-Only Payments?
Going cashless doesn’t remove your legal obligations - it changes where the risks and rules sit. These are the main areas to consider.
Australian Consumer Law (ACL)
The Australian Consumer Law governs how you present prices, payment methods and surcharges, your refunds process, and any statements you make about fees or availability. Your statements must not be misleading or deceptive, and you need to deliver on the payment options you represent. If you advertise a price, customers must know up-front if a particular method isn’t accepted or if a surcharge applies.
If you need a refresher on misleading conduct and transparency obligations, our explainer on section 18 of the ACL is a helpful starting point.
Advertised Prices And Surcharges
Make sure shelf, menu and website prices reflect the total price payable or clearly disclose any additional payment fees at the time you display the price. If you’re card-only and impose any surcharge, disclose it prominently before the customer commits to purchase. This is both an ACL transparency issue and a pricing presentation expectation. You can find practical pointers in our guide to advertised price laws.
Ban On Excessive Payment Surcharges (ACCC/RBA Rules)
Australia bans “excessive” surcharges on certain payment methods. In short, if you apply a surcharge for card payments, it should not exceed your reasonable “cost of acceptance” for that method (for example, merchant service fees and terminal costs for that card type). Businesses should:
- Only surcharge up to their actual cost of acceptance for each method (e.g. Visa debit vs credit may differ).
- Disclose the surcharge clearly before payment (not at the last click).
- Keep records that substantiate the surcharge rate applied (e.g. merchant statements).
If your model stays surcharge-free, say so clearly. If you do surcharge, keep it modest, transparent and evidence-based.
Right To Set Conditions Of Entry - With Limits
You can generally set reasonable conditions of entry and service, including payment methods. However, those must not breach anti-discrimination laws and should not be exercised in a way that misleads or unfairly disadvantages customers. Having a consistent, written policy helps your team apply those conditions fairly. If you need context on boundaries, this is closely related to a business’s right to refuse service.
Privacy And Data Security
Cashless businesses usually process more electronic payments and may collect more personal information (for e-receipts, loyalty programs or billing). Under the Privacy Act, many small businesses with turnover under $3 million are not “APP entities” and are not legally required to have a Privacy Policy - unless an exception applies (for example, health service providers, those trading in personal information, contractors to APP entities under contract, or credit reporting scenarios).
Even when it’s not strictly required, a clear, accessible Privacy Policy is strongly recommended if you collect personal information. It sets expectations, supports trust, and helps your team handle data consistently. On the technical side, confirm card processing is PCI-compliant, restrict access to authorised staff, and implement a simple process for handling data issues.
Direct Debit And Recurring Payments
If you offer memberships or subscriptions (e.g. a gym, SaaS or delivery plan), you’ll likely rely on scheduled card payments or bank direct debits. You should obtain explicit consent and provide a Direct Debit Request and Service Agreement that explains billing frequency, amounts, notice periods, failed payment handling and cancellation. This protects you and helps customers understand their rights. For the essentials, see our guide to Direct Debit laws in Australia.
Building A Clear “Card-Only” Policy
A short, practical policy keeps your team on the same page and helps defend your position if a dispute arises. Consider including:
- Scope: A simple statement that your business does not accept cash and the methods you do accept (e.g. EFTPOS, Visa/Mastercard, mobile wallets).
- Visibility: Where customers will see the policy (entry signage, point-of-sale, menus, and the first step of online checkout).
- Surcharges: Whether you apply a card surcharge, what it is, and when/where it’s disclosed.
- Refunds And Chargebacks: Refund method (usually back to the original card), expected timelines, and who to contact if a bank raises a chargeback.
- Outage Plan: What happens if your payment network goes down (e.g. pause sales, alternative reader, or immediate bank transfer with proof before releasing goods).
- Memberships: Authorisation method (checkbox or signed request), billing cycle, changes to fees, failed payment process and cancellation steps.
Roll out the policy with staff training so everyone can explain it confidently and consistently. Consistency reduces complaints and ACL risk.
Communicating Your Payment Terms In-Store And Online
Transparency is your best protection. Customers rarely mind card-only if they see it early and understand their options.
In-Store Tips
- Place clear signage at the entrance and at point-of-sale, and include a brief line on your printed menus or display boards.
- Where signage could be missed (busy counters), staff should mention “card only” before taking an order.
- Keep surcharge details near the displayed price, not buried in fine print.
Online Stores And Bookings
- List accepted payment methods on product or service pages and at the first step of checkout.
- Include your card-only approach in your Website Terms and Conditions or customer terms.
- Explain refund method and timing in your online terms so there are no surprises if a return or cancellation occurs.
Memberships And Subscriptions
- Use a clear consent checkbox for direct debit or recurring card billing and provide the Direct Debit Request and Service Agreement up-front.
- Spell out renewal dates, billing frequency, price changes and how to cancel in plain English.
- Offer a simple cancellation path - making it too hard can trigger compliance issues and chargebacks.
Practical Risks Of Going Cashless (And How To Manage Them)
Card-only operations are efficient, but they come with their own risks. A little planning goes a long way.
System Outages
If your EFTPOS gateway fails, have a plan. Options include pausing sales temporarily, using a backup mobile reader, or offering an immediate bank transfer with proof of payment. Document the steps in your internal policy so staff aren’t guessing while customers are waiting.
Customer Complaints
Most complaints stem from surprises - undisclosed card-only policies, unexpected surcharges or confusing refunds. Reduce friction by putting the key information where customers see it first and training staff to answer common questions calmly.
Chargebacks And Fraud
Card payments can be reversed by banks in some scenarios. Keep consistent records: itemised receipts, delivery or pick-up evidence and, for higher-value orders, ID checks. Create a short internal checklist for verifying suspicious transactions before fulfilment.
Inclusivity And Access
Some customers prefer or rely on cash. You can still be card-only while offering accessible options such as debit cards with no surcharge or bank transfer for invoices. The more transparent and flexible you are, the fewer disputes you’ll face.
Essential Contracts And Policies For Cashless Businesses
Clear documents make payment terms enforceable and help your team apply them consistently. Depending on your model, consider:
- Customer Terms Or Terms Of Trade: Set payment methods, surcharges, delivery, refunds and dispute steps. Online businesses typically include these in their checkout terms or Website Terms and Conditions.
- Privacy Policy: Recommended whenever you collect personal information. While not legally required for many sub-$3m businesses unless exceptions apply, a Privacy Policy builds trust and guides compliant practices.
- Direct Debit Authority: For memberships/subscriptions, a clear consent form and billing terms consistent with Direct Debit laws.
- Refunds And Returns Policy: Explain how refunds are processed (typically to the original card), timeframes and ACL-compliant remedies for faulty goods or services.
- Internal Payment Policy: A staff guide covering outage procedures, surcharge questions, receipt practices and when to escalate disputes.
- Supplier Agreements: Confirm card fees or direct debit requirements with your suppliers in writing so your margins and cash flow are predictable.
You don’t need every document on day one, but most cashless businesses benefit from at least customer terms, a sensible refunds process aligned with the ACL, and a clear approach to privacy and data security.
Key Takeaways
- Most Australian businesses can refuse cash if “card-only” terms are set and clearly displayed before a purchase is made.
- Consumer law still applies - be transparent about accepted payment methods, pricing and any surcharges, and avoid misleading statements under the ACL.
- If you surcharge, keep it within your cost of acceptance, disclose it up-front and keep records to justify the rate.
- Document a short “card-only” policy, train staff, and have a plan for outages, chargebacks and accessibility.
- For subscriptions, use explicit consent and clear billing terms that align with Direct Debit laws.
- Put key terms in writing - customer terms or Website Terms and Conditions, a practical refunds process and a sensible Privacy Policy if you collect personal information.
If you’d like a consultation on setting up a compliant cashless policy for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








