Booking essentials
Public Holiday Surcharges in Australia: The Rules for Cafés, Restaurants and Salons
By Bruno Melani, founder of Gaplessly · · 6 min read
The short answer
A café or restaurant in Australia can add a public holiday surcharge if its menu says "A surcharge of [percentage] applies on [the day or days]" at least as prominently as its most prominent price.
The exemption covers food and drink only, so a salon or clinic has to show the full price for the day instead.
The card surcharge ban that starts on 1 October 2026 does not apply to public holiday surcharges.
Why venues charge more on public holidays
Staff cost more on a public holiday. Under the Restaurant Industry Award and the Hospitality Award, full-time and part-time staff earn 225% of their base rate that day and casuals earn 250%; under the Hair and Beauty Award it is 250% for both. A surcharge covers those wages without raising prices for the rest of the year, and the law allows one as long as customers can see it before they order.
The rule for cafés and restaurants: regulation 80A
The Australian Consumer Law normally requires a business to show a single, total price. Since 2013, restaurants and cafés have had an exemption for surcharges on particular days, set out in regulation 80A of the Competition and Consumer Regulations 2010. To rely on it, the menu must:
- Include the words "A surcharge of [percentage] applies on [the specified day or days]".
- Show that line at least as prominently as the most prominent price, or other fee or surcharge, on the menu. Small print at the bottom does not qualify.
- Be transparent. A menu with no prices on it still needs the line, displayed so it is conspicuous and visible to a reader.
The exemption covers businesses of a kind commonly known as a restaurant, café or bistro, takeaway shops included. It does not cover meals delivered to be eaten later or grocery delivery, and it applies to food and drink only, not to other charges.
Before 2013 there was no exemption. In 2010 the Federal Court ordered a former Canberra café operator to pay a $20,000 penalty, in a case the ACCC brought over a 10% Sunday and public holiday surcharge shown on menus without all-inclusive prices.
Surcharge wording to copy onto your menu or sign
Copy the legal wording exactly and name the days, so nobody has to guess which ones it covers. For example:
- "A surcharge of 15% applies on public holidays."
- "A surcharge of 10% applies on Sundays and public holidays."
- "A surcharge of 15% applies on 25 December, 26 December and 1 January."
Put the line on every version of the menu, QR code and online menus included, and wherever people order. If you take bookings for a public holiday, mention the surcharge on the booking page or in the confirmation too, so no guest sees it for the first time on the bill.
Salons, clinics and other businesses: show the full price
The regulation 80A exemption covers food and drink only. A salon, barber, spa or clinic that charges more on a public holiday comes under the general single price rule, which the ACCC describes as showing the total price as a single figure, including any unavoidable extra fees. A line saying "15% extra on public holidays" under a price list is not enough on its own.
The simple options are a separate public holiday price for each service, shown wherever the everyday price appears, or one price every day. If clients book online, the price they see for a public holiday appointment should be the price they pay. If you are unsure, ask the ACCC or your state consumer agency.
The card surcharge ban from 1 October 2026
From 1 October 2026 the Reserve Bank no longer prohibits "no-surcharge" rules, and eftpos, Mastercard and Visa have announced their own no-surcharge rules for credit, debit and prepaid cards on their networks. The Reserve Bank also lists American Express, PayPal and UnionPay as removing surcharges.
The Reserve Bank's FAQ on the change says it does not apply to weekend surcharges, public holiday surcharges, booking fees or service fees. From 1 October a café can still add a properly displayed public holiday surcharge. What it can't add is a separate fee for paying with one of those cards.
If your payment terminal or point of sale adds a card surcharge automatically, check it is switched off before 1 October 2026.
Public holiday bookings and no-shows
A no-show on a public holiday costs more than the lost sale. The staff rostered to serve that table or work that chair are paid 225% to 250% of their base rate whether the guest turns up or not. A deposit or a card on file for public holiday bookings covers that risk, and Gaplessly takes deposits and no-show fees on both table bookings and appointments.
Where these rules come from
Regulation 80A of the Competition and Consumer Regulations 2010, the ACCC's guidance on price displays, Western Australia's Consumer Protection guidance on restaurant surcharges, and the Reserve Bank's March 2026 conclusions on card surcharging, all read on 30 September 2026. This is general information, not legal advice.