Ticket Scalping Act 2021 (WA)

Western Australia Ticket Scalping Act 2021 Western Australia Ticket Scalping Act 2021 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Act binds Crown 4 5. Resale restrictions 4 6. Application of Act 4 Part 2 — Resale, supply or advertising of tickets 7. Ticket scalping 5 8. Invalid resale restrictions 5 9. Supply of tickets not to be made contingent on other purchases 5 10. Prohibited advertisements 5 11. Ticket resale advertising 6 Part 3 — Online purchase of tickets 12. Prohibited conduct in relation to use of ticketing websites 7 Part 4 — Miscellaneous 13. Functions of Commissioner 8 14. Application of Fair Trading Act 2010 8 15. Infringement notices and Criminal Procedure Act 2004 10 16. Regulations 10 17. Review of Act 11 Part 5 — Transitional provision 18. Transitional provision 12 Notes Compilation table 13 Defined terms Western Australia Ticket Scalping Act 2021 An Act to restrict the resale of event tickets and to prohibit the use of software designed to circumvent security measures on ticket selling websites, and for related purposes.

Part 1 — Preliminary

1. Short title This is the Ticket Scalping Act 2021.

2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on the day after that day.

3. Terms used 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 — (a) 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 (b) 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) a sporting event; (b) an entertainment event, including a concert, a performance at a theatre or the opera, and a dance event; (c) a festival; (d) a cultural event or display; (e) an arena event; (f) any other form of public performance, exhibition, display or public gathering; event organiser, in relation to an event, means — (a) 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 (b) 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 — (a) 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 (b) 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%.