Ticket resale advertising
58I Ticket resale advertising
The owner of an advertising publication must ensure that no prohibited advertisement is published in the publication.
Maximum penalty—1,000 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).
It is a defence to a prosecution for an offence of failing to ensure that no prohibited advertisement is published in an advertising publication if the defendant establishes that—
the agreement between the defendant and the person placing the ticket resale advertisement was subject to terms or conditions prohibiting the publication of prohibited advertisements, and
the defendant, as soon as practicable after becoming aware that the prohibited advertisement had been published in the publication, took reasonable steps to ensure that the advertisement was removed from the publication, and
the defendant took such other steps as were reasonable in the circumstances to ensure that no prohibited advertisement was published in the publication.
The regulations may exclude an advertisement or publication of a kind described by the regulations from the application of this section.
In this section—
advertisement means any advertisement, whether paid or not.
advertising publication means any website, newspaper, magazine or other publication containing advertisements to which members of the public have access (whether or not a member of the public is first required to pay a fee or subscription, register or become a member).
owner, of an advertising publication, includes any person who conducts the business or undertaking of the advertising publication (but does not include any person of a class prescribed by the regulations).
This provision refers to the regulations (The regulations may exclude
, the regulations
, prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandum
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