—(1) The Authority may, by order published in the Gazette, impose an access regime in respect of a designated payment system on the person who determines access to the designated payment system, regardless of whether he is a participant, an operator or a settlement institution of the designated payment system, on such terms and conditions as the Authority may consider appropriate.
(2) In considering whether to impose an access regime under subsection (1), the Authority shall have regard to the following:
whether the imposition of the access regime in respect of the designated payment system would be in the interests of the public;
the interests of the current participants, operator and settlement institution of the designated payment system;
the interests of persons who, in the future, may require or desire access to the designated payment system; and
such other matters as the Authority may consider to be relevant.
(3) The Authority, in imposing an access regime under subsection (1), shall ensure that the access regime is fair and not discriminatory.
[Aust Payment Systems Act 1998, s. 12]