Lyla Lindsey
Ticket scalping, or the practice of buying tickets to events and reselling them at inflated prices, is illegal in Australia. The laws and penalties surrounding ticket scalping vary across the country's states and territories. For example, in Queensland, it is illegal to resell tickets for more than 10% above the original price. In Victoria, governed by the Major Events Act 2009, ticket scalping is defined as reselling tickets for more than 10% above the original price, and the maximum penalty for scalping six or more tickets is a fine of 60 penalty units ($9,913.20) for an individual. In South Australia, since 10 December 2018, it has been illegal to resell tickets for more than 110% of the original price. Ticket scalping laws aim to protect consumers from inflated prices, ensure fair access to tickets, and safeguard the economic advancement of the events industry.
| Characteristics | Values |
|---|---|
| Location | Australia (Victoria, Queensland, South Australia) |
| Ticket Scalping Definition | Purchasing tickets and reselling them at inflated prices |
| Ticket Scalping Laws | Ticket scalping is illegal in Victoria, Queensland, and South Australia. |
| Penalty | A fine of up to 30 penalty units in Victoria. In South Australia, it is an offense to sell tickets above 110% of the original supply cost. |
| Exemptions | Non-profit organizations in Queensland are allowed to resell tickets above the 10% margin for fundraising purposes. |
| Reporting | Report ticket scalping in Victoria to the police. In South Australia, contact CBS at 131 882. |
| Bot Usage | Using bots for ticket scalping is illegal in many regions. |
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What You'll Learn
Ticket scalping laws vary across Australia
In Victoria, the Major Events Act 2009 governs ticket scalping. The law prohibits the resale of tickets on the secondary market for more than 10% above the original face value. The legislation aims to regulate the sale and distribution of tickets to music and sporting events, ensuring fair access and improved ticketing practices.
South Australia has also implemented ticket scalping laws, making it an offence to sell tickets to sporting or entertainment events subject to resale restrictions for more than 110% of the original cost.
New South Wales has similar rules to Queensland, restricting significant markups on ticket prices. The Australian Competition and Consumer Commission (ACCC) enforces these laws to protect consumers from inflated prices.
Ticket scalping laws aim to prevent consumer exploitation and ensure fair access to tickets. The use of bots for ticket scalping is also illegal in many regions and is actively monitored by ticketing platforms.
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Ticket scalping in Queensland
Ticket scalping is illegal in Queensland, Australia. The Queensland Parliament passed laws to make ticket scalping an offence, allowing genuine fans a fair opportunity to purchase tickets to events at Stadiums Queensland venues. The Major Sports Facilities Act 2001 protects fans, supporters, promoters, sporting bodies, and sponsors from ticket scalping by making it an offence to purchase a ticket for the purpose of profiteering.
Ticket scalping refers to the practice of buying tickets and reselling them at inflated prices, often far exceeding their original face value. This practice is considered unfair as it exploits genuine fans, limits access to reasonably priced tickets, and can cause reputational damage to organisations, performers, and venues.
In Queensland, the Act applies to ticketed events at venues of Stadiums Queensland. Ticket holders are permitted to resell their tickets, provided the cost does not exceed 10% above the original ticket price. The 10% margin allows individuals who can no longer attend an event to recoup the ticket price and any associated resale costs. However, the Act does not authorise the resale of tickets if the original conditions of sale by the event promoter prohibit it.
Penalties for reselling or purchasing tickets to events at Stadiums Queensland venues at a price greater than 10% above the original price include fines for both sellers and buyers of scalped tickets. Sellers face a maximum fine of 20 penalty units or $2,669, while buyers face a maximum fine of 5 penalty units or $667.25.
It is important to note that these laws only apply to businesses and do not extend to private sales of tickets through online marketplaces. Consumers are advised to be cautious when purchasing tickets and to ensure they are buying from authorised sellers.
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Ticket scalping in Victoria
Victoria is home to some of Australia's most iconic sporting, theatre, and cultural events. To ensure that fans and supporters can enjoy these events, the Victorian Government has taken steps to protect consumers from ticket scalping. Ticket scalping, or the practice of purchasing tickets and reselling them at inflated prices, is considered an unfair practice that exploits genuine fans and limits access to reasonably priced tickets.
To address this issue, the Victorian Government has implemented legislation such as the Major Events Act 2009 (amended in 2022) to protect fans from ticket scalping and ensure fair access to major events. This legislation makes it an offence to resell tickets for more than 10% above the original face value. The law applies to all events listed as declared major events, regardless of where the ticket was purchased. For example, a ticket purchased in Western Australia for the AFL Grand Final in Melbourne is subject to the same laws as in Victoria.
The legislation also outlines specific requirements for ticket package sellers and individual ticket advertisements. Package sellers must be authorised by the event organiser, and advertisements must include ticket and seating details. Additionally, event organisers' websites are required to list all authorised ticket package sellers.
If you suspect that tickets to a declared major event are being scalped, you can report it by completing an online form or contacting the provided phone number. A police officer or authorised ticketing officer may serve an infringement notice to those believed to be engaging in ticket scalping. The penalty for these offences is a fine of up to 30 penalty units, which equates to $826.10 per offence.
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Ticket scalping in South Australia
Ticket scalping is a common issue in Australia, and the laws surrounding it vary across the country. In South Australia, ticket scalping is regulated by the Fair Trading Act 1987, with amendments made in December 2018 to increase protection for consumers.
Previously, only ''major events' were protected from ticket scalping, but the changes in 2018 removed this distinction, extending protection to all sporting and entertainment events. Now, any event in South Australia with a resale restriction on tickets is protected from scalping.
It is illegal to sell tickets to these events in South Australia at a price that exceeds 110% of the original supply cost. The original supply cost refers to the initial sale price of the ticket by an authorised seller, excluding transaction costs. This restriction applies to both the resale of individual tickets and multiple tickets as a package.
Ticket reselling is permitted, provided that the advertised price does not exceed the 110% cap. Additionally, certain information must be disclosed in the advertisement to ensure transparency. The use of 'ticket bots' or other software to purchase tickets for events in South Australia is prohibited.
If you witness or suspect ticket scalping for events held within South Australia, you can report it to Consumer and Business Services (CBS) by calling 131 882.
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Penalties for ticket scalping
In Victoria, ticket scalping is governed by the Major Events Act 2009, which prohibits tickets from being bought at market price and resold at an inflated price in the secondary market. The resale price is restricted to not exceed the original purchase price by more than 10%. The penalty for breaching this law is a fine of up to 30 penalty units. If six or more tickets are sold, the maximum penalty for an individual is 60 penalty units or $9,913.20.
In South Australia, it has been an offence since 10 December 2018 to sell tickets for sporting or entertainment events that are subject to resale restrictions at a price that exceeds 110% of the original supply cost. Ticket reselling is allowed if the advertised price is capped at 110% of the original cost and certain information is disclosed. To report ticket scalping for events held within South Australia, one can phone 131 882.
Under Victorian legislation, a police officer or authorised ticketing officer may serve an infringement notice to a person they believe has committed any of the offences mentioned above. The penalty for these offences when dealt with by infringement notice is five penalty units or $826.10, and the offender does not need to attend court or receive a criminal record.
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Frequently asked questions
The legal status of ticket scalping varies across Australia. In Queensland, New South Wales, and Victoria, reselling tickets for more than 10% of the original price is illegal. In South Australia, tickets cannot be resold for more than 110% of the original price.
Ticket scalping is when individuals or organisations purchase tickets and then resell them at inflated prices, often far exceeding their original face value.
Ticket scalping can be seen as unfair to consumers and can exploit genuine fans. Laws that criminalise ticket scalping aim to prevent exploitation and ensure fair access to tickets.
In Victoria, the maximum penalty for ticket scalping where six or more tickets are sold is a fine of 60 penalty units ($9,913.20) for an individual. In Queensland, the Act contains penalties for reselling and purchasing tickets to events at Stadiums Queensland facilities at a price greater than 10% above the original ticket price.
To report ticket scalping for events held within South Australia, call 131 882. For events at Stadiums Queensland venues, advise a Queensland Police Officer, who will investigate the matter and is authorised to issue an infringement notice if appropriate.
