Sorry everyone.
I think I did not capture the main question I would like to ask. I did not express myself very well.
I will try to ask again.
The other day I went to a Chinese restaurant for dinner.
The price is in ¥ (currency of China) only on their iPad menu, but the price on the menu is the price I should be paying in $ (AUD).
The bill was around 95¥, but obviously what they want to charge is 95$.
So can I pay 95¥ or I still have to pay 95$ for the bill?
Im pretty sure businesses can't refuse Australian currency, so just work out the exchange rate and pay in AUD at the end of the meal… Or just ask maybe? Im sure they'd be happy to clear up any confusion you may have.
A business can set their own payment terms. They can ask their customers to pay in bananas if they want. All they need to do before the transaction starts is to tell the customers that they only accept bananas.
and how does one charge GST on banana currency? coz it must.
Fresh fruits are exempt from GST.
Actually not true, all businesses must offer a payment system in australian legal tender, which is the australian dollar.
No
https://www.banknotes.rba.gov.au/legal/legal-tender/
TRANSACTIONS IN AUSTRALIAN CURRENCY
Every sale, transaction or dealing relating to money, or involving the payment of, or a liability to pay, money in Australia is to be done in Australian currency unless it is done, or the parties to the sale, transaction or dealing agree that it will be done, in the currency of another country.However although transactions are to be in Australian currency unless otherwise agreed or specified, and Australian currency has legal tender status, Australian banknotes and coins do not necessarily have to be used in transactions and refusal to accept payment in legal tender banknotes and coins is not unlawful.
@whooah1979: You are misinterpreting this provision, this specifically refers to non notes and coins, like credit card transactions, it is not referring to other currencies.
@whooah1979: Both parties must agree meaning that the customer can say no, AUD, and the shop has to agree, meaning yes AUD has to be accepted.
and the shop has to agree,
No. The shop doesn't have to agree to the transaction.
https://www.business.gov.au/people/customers/refusing-servic…
You can stop someone from entering your business, or refuse to serve someone, as long as you don't breach any anti-discrimination laws
http://www.legalaid.qld.gov.au/Find-legal-information/Work-a…
Can I be refused entry to a shop or business?
Shops and businesses have the right to refuse entry or ban any person from their premises. They can refuse to serve a person as long as they don’t breach anti-discrimination laws.
@whooah1979: That provision is with the intent of international trade, were contracts are signed in Australia, but payment may be in USD for example. That needs to be formally agreed, otherwise AUD is applicable
I doubt you pay in foreign currency. I’ve seen this on a POS/Cashier too, and paid local currency (AUD). I reckon the restaurant use their cn wares that isn’t designed for “export” use, rather than paying some local business to help set them up.
I’m sure their mindset is, it works right, spent as little as possible on none profit making purchases.
Does the prices (figures) look like prices you would pay locally? Or some figure after FX, you should have an idea 💡, on the currency being transacted.
I wonder what they pay their staff in?
Leftovers of course
Take a few bucks off the "debt" I suppose.
OP, are you still sitting in the restaurant deciding how to pay?
I have been wondering for while, are there local branch offices of Alipay/Wechat/etc operating in Australia? or are they completely bypassing our local tax/currency system?
Just drop ATO an anonymous tip off.
my company gets paid in USD from many clients and we pay tax.
not saying they (restaurant) are doing anything wrong - but I'm sure ATO will check it out and if everything is fine they will be fine.
if everything is fine they will be fine.
If not, they will be fined.
That is interesting right. Sounds like they are bypassing the local financial system. If you open an account here you need a TFN or an ABN so that the ATO can track your financial dealing. But is it any different from places that are cash only?
Thank everyone for reply/input. The replies are pretty funny. However, I don't think we have a conclusion yet, keep sharing people.
However, I don't think we have a conclusion yet, keep sharing people.
Why don't you just ask the staff?
Trust me, you're not going to get away with trying to pay less after you eat, by pleading ignorance.
lol - why don't you just ask them, rather than staying passive. At least the impression I've got is, you rather ask Team-OzB than the restaurant.
I think it can be more fun, for us Team-OzB to speculate, but…
What you ought to do now is, go ask the restaurant and tell us about the story ;).
EDIT - I saw you now have an example.
ABC Fried Rice. ……………. 10¥ (equivalent to 2.1 aud)
CDE Fried Rice ……………..11¥ (equivalent to 2.1 aud)
If those are the prices, I would highly speculate AU$10 for fried rice. if it is $2.1 for fried rice, you NEED to post it as a deal!!
Just pay and go home dude
maybe I am just too naive, but I am inclined to believe that the app was probably written in China for the local market, and no one bothered to change the currency symbol when they started using it in Australia (or there is no option to change it).
have you tried asking the staff there? ie Do I pay in RMB or AUD? it is not that hard :)
Seems pretty obvious they don't report their chinese customers who pay with wechat etc, so they can get tax benefits due to losing money.
Report them to the ATO.
The only people who selling something $1 for $0.70 is money launderers. Nobody in their right mind is going to buy something for $1 and sell it for $0.70 on a regular basis.
Irony that chemist warehouse have exclusive promos for alipay, example: spend 500 RMB, get 50 RMB back.
Looks like ants
Having it in RMB is probably for visiting tourists.
Whether RMB translates directly to AUD depends on how the currency pairs have moved since they last updated the menu. If it is electronic menu I hope they have some kind of dynamic updating on a daily basis.
If OP believes they can make an FX gain paying in RMB then go for it.
I don't believe the business have to give you AUD equivalent of RMB because you googled the mid point rate right there because nobody can get the mid point rate (or the inter bank rate). Rate depends on the bank policy (could be up to 3% from the mid point).
If you think about it the rent, electricity, gas is paid in AUD and so would most of the produce therefore the business is taking a risk accepting RMB, I hope they did a mark up of like 5% if you are paying in RMB.
I had a bubble tea shop before and had used Wechat/Alipay as one of the payment method.
Its just huge in China, even now in relationships, its cool for a guy to give his GF pocket money via wechat pay.
They have different social norms to aussies.
Nothing to do with ATO, even chemist warehouse heavily do promos for paying on alipay.
Every Aus Post outlet supports wechat pay.
This is simply warming us up for when China takes over the country. Prepare to welcome our new Chinese overlords, men with Asian fetish rejoice!
The more HNWI visiting or moving to Australia the better.
Sorry everyone, I made a big revision.
Read your revision - have they still not let you out of the restaurant?
OK - let's ignore ¥ or $. Is the iPad menu's price/number (e.g. 10.80) in RMB the same as the price/number (e.g. 10.80) on the printed menu? if so, you have your answer.
iPad menu only. The receipt is also in ¥.
Did you order off the AUD menu or the 'ipad menu'?
Regardless, personally I'd pay the AUD since it sounds like you knew all along the prices were meant to be in AUD and are now just look for loopholes.
If you do choose to fight it, here are the two ways it'll play out:
- You make a massive scene at the restaurant, embarrassing yourself, somehow they win the argument and you pay in AUD.
- You make a massive scene at the restaurant, embarrassing yourself, somehow you win the argument, you get away with paying $1.3 for a $95 meal (don't tell me you genuinely thought it'd be $1.3), they ban you for life (no, you're not entitled to demand further service), fix the issue or put a notice up to prevent it happening again.
Your call.
They offer ipad menu only.
Yes, you are right. I am looking for loopholes, but I still want to know if I can win the argument with some legal point of view.
You pay in the currency listed on the app.