2026-10-24
Can you still charge a public holiday surcharge in Australia? Yes, and here's the Christmas 2026 wording
Yes. The ban that started on 1 October 2026 stops surcharges for paying by eftpos, Mastercard or Visa, not surcharges on public holidays. On a café or restaurant menu, the simplest compliant wording is "A surcharge of 15% applies on public holidays: Friday 25, Monday 28 December and Friday 1 January", shown at least as prominently as your most prominent price.
That's the short answer. Christmas 2026 has a twist, though: Christmas Day falls on a Friday and Boxing Day on a Saturday, so most states add an extra public holiday on Monday 28 December. And three of them have part-day holidays on the evenings of 24 and 31 December. Here's what to put on your menu, by state.
Drop card fees, keep your holiday surcharge
Since 1 October 2026, Australian businesses can't add a surcharge to eftpos, Mastercard or Visa card payments (RBA). The Small Business Ombudsman suggests checking your menus, website, invoices and booking system for any old card surcharge wording, and renaming it ("admin fee", "processing fee") doesn't make it allowed.
A public holiday surcharge is a different thing: it's about the day, not how the customer pays. It applies to everyone, cash or card, so the card ban doesn't touch it. What matters is how you show it.
Check your state's Christmas public holidays
| State | Christmas and New Year 2026 public holidays |
|---|---|
| NSW, VIC, WA, ACT | Fri 25, Sat 26, Mon 28 December; Fri 1 January |
| QLD | Thu 24 December from 6pm; Fri 25, Sat 26, Mon 28 December; Fri 1 January |
| SA | Thu 24 December from 7pm; Fri 25, Sat 26 (Proclamation Day), Mon 28 December; Thu 31 December from 7pm; Fri 1 January |
| NT | Thu 24 December from 7pm; Fri 25, Sat 26, Mon 28 December; Thu 31 December from 7pm; Fri 1 January |
| TAS | Fri 25, Mon 28 December (Boxing Day); Fri 1 January. Sat 26 December is not a public holiday in Tasmania |
Victoria also has Melbourne Cup Day on Tuesday 3 November (some country councils use another day). Australia Day falls on Tuesday 26 January 2027 everywhere. Always check your own state's list: the sources are at the end.
Name the days, as big as your prices
On a café or restaurant menu, the ACCC and Consumer Affairs Victoria describe a shortcut: you can show your normal prices with a clear statement of the surcharge, as long as the statement is at least as prominent as your most prominent price. In practice that means the same size and weight as your biggest price, not a footnote:
A surcharge of 15% applies on public holidays: Friday 25, Monday 28 December and Friday 1 January.
Name the days. "Public holidays" alone leaves customers guessing, especially on Monday 28 December.
For other businesses, such as salons, clinics and trades, the shortcut is described for restaurants and cafés. The safest option is to show the total price you'll charge on the public holiday, as well as the surcharge.
Everywhere a customer sees prices: your door, your counter, your online menu and booking page, and your Google Business Profile. A customer should know before they order.
A 2-minute checklist before Christmas
- Remove any old card surcharge wording (menus, PDF menus, website, invoices, booking emails).
- Decide your public holiday surcharge and which days it applies.
- Put the wording on the menu at least as prominently as your biggest price, naming the days.
- Add the same line to your website, booking page and door.
- Post a short update on your Google Business Profile a week or two before Christmas.
Make the wording for your state, free
Our free holiday surcharge wording generator writes the menu line, the door sign, the website banner and the Google post for your state, with the right days, and prints an A4 sign. If you'd like it all ready to print, the Christmas holiday-surcharge kit (A$29) adds editable signs for every state, every public holiday to March 2027 and a calculator for building the card fee into your prices instead.
Not sure your website is clean of old card surcharge notes? Our free card surcharge check reads up to 20 pages and 3 PDF menus in about 30 seconds.
This is general information, not legal advice.
Sources
- RBA, card surcharging changes from 1 October 2026
- ASBFEO, card surcharging ban
- Fair Work Ombudsman, public holidays
- State lists: NSW, Queensland, South Australia, Northern Territory
FAQ
Is a public holiday surcharge allowed after the card surcharge ban?
Yes. The ban that started on 1 October 2026 covers surcharges for paying by eftpos, Mastercard or Visa. A public holiday surcharge applies to every customer however they pay, so it isn't covered by the card ban. It still has to be shown clearly.
Is Monday 28 December 2026 a public holiday?
Yes, in every state and territory. Because Boxing Day falls on a Saturday, most add Monday 28 December as an extra public holiday; in Tasmania, Boxing Day itself moves to Monday 28 December and Saturday 26 December isn't a public holiday.
Are Christmas Eve and New Year's Eve public holidays?
Only as part-days in some places: Queensland from 6pm on Christmas Eve, and South Australia and the Northern Territory from 7pm on both Christmas Eve and New Year's Eve. Everywhere else they're normal days.
How big does the surcharge notice need to be?
On a café or restaurant menu, the statement has to be at least as prominent as the most prominent price on the menu. A small footnote isn't enough.
Can I call it a card fee or admin fee instead?
No. A fee for paying by card is banned from 1 October 2026 whatever it's called. A public holiday surcharge must apply to everyone on that day.
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