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This is the Ticket Scalping Act 2021.
This Act comes into operation as follows —
Part 1 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on the day after that day.
In this Act —
advertisement means any advertisement, whether paid or not;
advertising publication means any website, online facility, newspaper, magazine or other publication or service 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);
authorised ticket seller, in relation to an event, means —
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;
Commissioner has the meaning given in the Fair Trading Act 2010 section 6;
event includes the following —
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;
event organiser, in relation to an event, means —
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;
original ticket price, in relation to a ticket for admission to an event —
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;
owner, of an advertising publication, includes any person who carries on the business or undertaking of the advertising publication;
prohibited advertisement means a ticket resale advertisement that does not comply with section 10;
resale restriction has the meaning given in section 5;
sell includes to offer or advertise for sale;
supply includes to offer to supply and to advertise for supply;
ticket resale advertisement means an advertisement for the sale of a ticket for admission to an event by a person other than an authorised ticket seller;
ticket scalping means selling a ticket for admission to an event for an amount which exceeds the original ticket price by more than 10%.
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
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 must not sell a ticket for admission to an event for an amount which exceeds the original ticket price by more than 10%.
Penalty: a fine of $20 000.
A resale restriction is void to the extent that it provides for the ticket to be cancelled, surrendered or rendered invalid if the ticket is resold for an amount not exceeding 110% of the original ticket price.
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.
Penalty for this subsection: a fine of $20 000.
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.
Penalty for this subsection: a fine of $20 000.
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 —
security measures, in relation to a website, include any measures of a kind prescribed by the regulations for the purposes of this definition.
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.
Penalty for this subsection: a fine of $100 000.
For the purposes of subsection (2), terms of use of a website are published if they are published on the website.