Lexi Webster
Ticket scalping, or the reselling of tickets at inflated prices, is a common issue in the events industry. While some Australian states like New South Wales, South Australia, and Victoria have introduced legislation to penalize ticket scalping, Western Australia has yet to implement similar measures. As of 2019, Western Australia had no laws to prevent ticket scalpers from purchasing large numbers of tickets and reselling them at significantly higher prices. This has led to calls for legislative action to protect consumers and the state's economy from the negative impacts of ticket scalping.
| Characteristics | Values |
|---|---|
| Ticket scalping laws in Western Australia | No legislation to prevent ticket scalping as of 2019 |
| Ticket scalping laws in New South Wales | Ticket resale prohibited at the Sydney Cricket Ground and Sydney Olympic Park; resale tickets cannot be priced more than 10% above the original ticket price |
| Ticket scalping laws in South Australia | Ticket resale cannot exceed 110% of the original supply cost of the ticket; use of 'ticket bots' prohibited |
| Ticket scalping laws in Victoria | Ticket resale cannot exceed 10% above the original purchase price; maximum penalty for ticket scalping of 6 or more tickets is a fine of 60 penalty units ($9,913.20) |
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What You'll Learn
Western Australia's anti-ticket scalping legislation
Western Australia has taken steps to address the issue of ticket scalping by introducing new anti-ticket scalping legislation. While the state previously lacked safeguards against ticket scalpers buying large numbers of tickets and inflating prices, the new laws aim to curb this practice.
The legislation seeks to prevent ticket scalpers from charging excessively high prices for resale tickets. Before the introduction of these laws, scalpers could legally buy tickets in bulk and resell them for a profit on various platforms. The new legislation aims to regulate the sale and distribution of tickets to specific events, ensuring fair access and improved ticketing practices.
Under the new laws in Western Australia, any advertisement for reselling a ticket must include crucial details. These details include the original cost of the ticket, the specific area the ticket grants access to (such as seat, bay, and row numbers), and an asking price that does not exceed 10% above the original ticket price. This 10% limit is a standard threshold applied in other states like Victoria, where penalties for breaching ticket scalping laws can range from $908 to $545,220.
Event organizers in Western Australia now have the right to cancel a ticket and refuse entry to the holder of a resale ticket that breaches these anti-scalping laws. Additionally, publication owners, such as Ticketmaster Resale, eBay, and Facebook, are prohibited from publishing ticket resale advertisements that violate these regulations.
The anti-ticket scalping legislation in Western Australia is a significant step toward addressing the issues caused by ticket scalping. By regulating the resale market, the laws aim to ensure fair access to event tickets and protect consumers from inflated prices.
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Ticket resale platforms
Viagogo is one of the most well-known ticket resale platforms in Australia, and it has been the subject of numerous complaints and campaigns by artists and fans alike. The site has been labelled as a "scam" that impacts promoters, managers, venues, ticket agencies, artists, and fans. Despite the backlash, there is still a large grey area in which sites and scalpers can continue to operate and sell large quantities of tickets at inflated prices.
Other ticket resale platforms in Western Australia include Ticketmaster Resale, eBay, Facebook, and Tixel. It is important to note that it is an offence for these platforms to publish ticket resale advertisements that breach the relevant laws. For example, any advertisement for a ticket resale in Western Australia must include the original cost of the ticket, the access authorized by the ticket, and an asking price of no more than 10% above the original ticket price.
Event organizers in Western Australia hold the right to cancel a ticket and refuse entry to the ticket holder of a resale ticket that breaches ticket scalping laws. Additionally, a police officer or authorized ticketing officer may serve an infringement notice to a person they believe has committed an offence related to ticket scalping, which can result in a fine without the need for the offender to attend court or receive a criminal record.
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Ticket resale laws in other Australian states
Ticket resale laws vary across the different Australian states. Here is a breakdown of the ticket resale laws in some of the other Australian states:
New South Wales
New South Wales has introduced legislation to prohibit the inflation of resale ticket prices. This legislation was enacted after NSW Fair Trading received numerous complaints related to ticket scalping. The state enforces a 10% rule across all venues, with substantial penalties for non-compliance, including fines of up to $110,000 for corporations and $22,000 for individuals. Event organisers have the right to cancel tickets that breach these scalping laws, and advertisements for resale tickets must include specific details and adhere to the 10% rule.
South Australia
South Australia has also taken steps to address ticket scalping by introducing new penalties. The state adheres to the 10% rule, ensuring that resellers cannot charge more than 10% above the original ticket price.
Victoria
Victoria has implemented legislation to criminalise ticket scalping for "declared" major events. The Major Events Act 2009 prohibits the resale of tickets at prices exceeding 10% of the original face value. The legislation regulates the sale and distribution of tickets to specific events, aiming to ensure fair access and improve ticketing practices. Fines for ticket scalping can reach $9,913.20 for individuals, and it is prohibited to resell tickets to sporting events if there is a term on the ticket restricting resale.
Queensland
Queensland generally follows the 10% rule for ticket resale, although this legislation specifically applies to venues operated by Stadiums Queensland, such as the Brisbane Entertainment Centre.
It is important to note that these laws are subject to change, and individual states may introduce new legislation or updates to address ticket scalping and resale practices.
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Penalties for ticket scalping
Ticket scalping is illegal in Western Australia, and penalties for those who break the law include heavy fines. The penalties vary depending on the nature of the offence, ranging from $908 up to $545,220. For example, individuals face fines of $20,000, and companies face fines of $100,000. Even higher penalties are imposed on those using 'bots' to purchase tickets.
On-the-spot fines of $2,000 each have been issued to five people who allegedly breached the McGowan Government's new ticket-scalping laws by re-selling tickets for more than the permitted 10% mark-up. The infringement notices were related to the recent sold-out UFC 284 event at Perth's RAC Arena and are the first issued under the new measures introduced to protect eventgoers from price gouging.
The legislation aims to regulate the sale and distribution of tickets to music and sporting events, ensuring fair access, improved ticketing practices, and controlled ticket scalping. It prohibits the resale of tickets at a price that exceeds the combined original purchase price by more than 10%. 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.
Event organisers hold the right to cancel a ticket and refuse entry to the ticket holder of a resale ticket, which breaches ticket-scalping laws. Any advertisement to resell a ticket must include the original cost of the ticket, the area the ticket authorises access to (e.g., seat, bay, and row numbers), and an asking price of no more than 10% above the original ticket price. It is also an offence for publication owners, such as Ticketmaster Resale and Facebook, to publish ticket resale advertisements that breach these laws.
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Safeguarding against ticket scalping
Western Australia has been slow to introduce legislation to prevent ticket scalping, but there are some measures in place to safeguard consumers and event organisers from the practice. While it is not illegal to buy tickets in bulk and resell them for profit, there are regulations in place that aim to mitigate the impact of ticket scalping.
Firstly, any advertisement for the resale of tickets must include specific details, such as the original cost of the ticket, the seat and row numbers, and the asking price. This ensures transparency and helps buyers make informed decisions. It is also an offence for publication owners, including major resale platforms, to publish ticket advertisements that breach these laws.
Event organisers also have the right to cancel a ticket and refuse entry to the holder of a resale ticket if it breaches ticket scalping laws. This empowers organisers to take a stand against scalpers and helps ensure that tickets are used by genuine attendees.
In addition, there are calls for increased action against ticket resale platforms that facilitate scalping. Artists and event organisers are urging fans to share their negative experiences with these platforms, with the aim of presenting this documentation to policymakers to strengthen the case for stricter regulations or the closure of these sites.
While Western Australia may not have comprehensive legislation specifically criminalizing ticket scalping, these safeguards help to protect consumers and event organisers from some of the negative impacts of the practice.
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Frequently asked questions
Ticket scalping is not explicitly illegal in Western Australia. However, new anti-ticket scalping legislation has been introduced to Parliament, with the hope of passing the bill soon.
Ticket scalping is the practice of buying tickets in bulk at face value and then reselling them at inflated prices, often on secondary markets or through unauthorised channels.
Ticket scalpers in Western Australia can currently buy large numbers of tickets and set inflated prices without any legal repercussions. This has led to widespread complaints and calls for legislative action.
The Western Australian government is working to introduce new laws to combat ticket scalping, following the lead of states like New South Wales and South Australia, which have already implemented penalties and restrictions.
States like Victoria and South Australia have implemented legislation that criminalizes ticket scalping and imposes fines for violations. These laws aim to regulate the ticket resale market, ensure fair pricing, and protect consumers from excessive markups.
