Ticket Scalping Act 2021

Part 1 — on the day on which this Act receives the Royal Assent;

the rest of the Act — on the day after that day.

if the event organiser has authorised a person to supply tickets for admission to the event on behalf of the event organiser, or to resupply tickets for admission to the event after acquiring them from the event organiser — that person; or

in any other case — any event organiser for the event;

a sporting event;

an entertainment event, including a concert, a performance at a theatre or the opera, and a dance event;

a festival;

a cultural event or display;

an arena event;

any other form of public performance, exhibition, display or public gathering;

the person who authorises the first supply of tickets for admission to the event, whether or not that person is also a performer, the promoter of the event or the operator of the event venue; or

a person within a class of persons prescribed by the regulations to be the event organiser in relation to a class of events to which the event belongs;

means the amount for which the ticket was purchased when first offered for retail sale by the event organiser or an authorised ticket seller; and

includes, if a booking fee or other commission was payable to an authorised ticket seller in relation to that sale, the amount of that fee or commission;

For the purposes of this Act, a resale restriction is a term or condition of a ticket for admission to an event that limits the circumstances in which the ticket may be resold.

A term or condition that limits the circumstances in which a ticket may be resold includes a term or condition that provides for the ticket to be cancelled, surrendered or rendered invalid if the ticket is resold or if the ticket is resold in certain circumstances.

This Act applies to tickets for admission to events in Western Australia that are subject to a resale restriction.

Subject to subsection (1), this Act extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside Western Australia (whether within or outside Australia).

A person (the supplier) must not supply a ticket for admission to an event to any other person (the recipient) under an agreement that makes the liability of the supplier to supply the ticket to the recipient contingent on payment by the recipient to the supplier of an amount in consideration for the provision to the recipient of any other goods or services.

Subsection (1) does not apply to the supply of a ticket under —

an agreement that has been authorised by the event organiser for the relevant event; or

any other agreement of a kind prescribed by the regulations.

A ticket resale advertisement must not specify an amount for the sale of the ticket that is more than 110% of the original ticket price.

A ticket resale advertisement must specify —

the original ticket price; and

details of the location from which the ticket holder is authorised to view the event (including, for example, any bay number, row number and seat number for the ticket).

The owner of an advertising publication must ensure that no prohibited advertisement is published in the publication.

It is a defence to a charge of an offence under subsection (1) to prove that —

the advertisement was received by the person charged, or by a person acting on that person’s behalf, in the ordinary course of carrying on the business or undertaking associated with the advertising publication; and

the agreement relating to the publication of the advertisement between the person charged and the person placing the advertisement was subject to terms or conditions prohibiting the publication of prohibited advertisements; and

the person charged, or a person responsible for managing the advertising publication on that person’s behalf, 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 person charged took such other steps as were reasonable in the circumstances to ensure that no prohibited advertisement was published in the publication.

In this section —

A person must not use any software to enable or assist the person to circumvent the security measures of a website to purchase tickets in contravention of the published terms of use of the website.

For the purposes of subsection (2), terms of use of a website are published if they are published on the website.