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This is a Bill, not an Act. For current law, see the Acts databases.


MAJOR EVENTS (TICKET SCALPING) BILL 2018

                   Western Australia


Major Events (Ticket Scalping) Bill 2018

                       Contents

     Part 1 -- Preliminary
1.   Short title                                       2
2.   Commencement                                      2
3.   Terms used                                        2
     Part 2 -- Declaration of major event
4.   Event declaration                                 4
5.   Amendment or cancellation of event declaration    4
6.   When instrument takes effect                      5
     Part 3 -- Ticket scalping
7.   Offence of ticket scalping                        6
8.   Action for damages                                6
     Defined terms




                         97--1                         page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                (Introduced by Mr John McGrath, MLA)


     Major Events (Ticket Scalping) Bill 2018

                               A Bill for


An Act to control the resale of tickets to certain events and for
related purposes.



The Parliament of Western Australia enacts as follows:




                                                                    page 1
     Major Events (Ticket Scalping) Bill 2018
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Major Events (Ticket Scalping) Act 2018.

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

9    3.       Terms used
10            In this Act --
11            Arts Minister means the Minister responsible for the
12            administration of the Perth Theatre Trust Act 1979;
13            event declaration means a declaration under section 4(1);
14            event organiser, in relation to a major event, means the person
15            identified in an event declaration as the organiser of the event;
16            major event means an event declared to be a major event under
17            section 4(1);
18            original price, in relation to a ticket to a major event --
19              (a) means --
20                       (i) the price printed on the ticket; or
21                      (ii) if a price is not printed on the ticket, the price at
22                            which the ticket was, or tickets of the same type
23                            as the ticket were, originally offered for sale by
24                            or on behalf of the event organiser;
25                    and
26              (b) includes any fee or charge payable in relation to the
27                    original sale of the ticket (for example, a booking fee or
28                    postal charge);



     page 2
                              Major Events (Ticket Scalping) Bill 2018
                                          Preliminary           Part 1

                                                                   s. 3



1   Sports Minister means the Minister responsible for the
2   administration of the Western Australian Sports Centre
3   Trust Act 1986;
4   ticket to a major event means a ticket that --
5      (a) permits entry to a major event or to a particular activity
6            forming part of a major event; and
7     (b) is issued by or on behalf of the event organiser.




                                                                page 3
     Major Events (Ticket Scalping) Bill 2018
     Part 2          Declaration of major event

     s. 4



1                  Part 2 -- Declaration of major event
2    4.         Event declaration
3         (1)   The Minister may, by instrument published in the Gazette,
4               declare an event to be a major event.
5         (2)   Before making an event declaration the Minister must consult
6               with the following people --
7                (a) the organiser of the event;
8                (b) if the event is a concert, theatrical event or other cultural
9                       event -- the Arts Minister;
10               (c) if the event is a sporting event -- the Sports Minister.
11        (3)   When determining whether to make an event declaration the
12              Minister must take into account the following matters --
13               (a) whether the event will attract a large number of
14                     international participants or spectators and therefore
15                     generate significant tourism opportunities for Western
16                     Australia;
17               (b) whether the event will significantly raise Western
18                     Australia's international profile;
19               (c) whether the event will attract significant sponsorship
20                     and international media coverage;
21               (d) whether the event will attract a large number of Western
22                     Australians as participants or spectators;
23               (e) whether the event will offer substantial sporting,
24                     cultural, social, economic or other benefits for Western
25                     Australia or Western Australians.
26        (4)   An event declaration must identify the major event and the
27              organiser of the event.

28   5.         Amendment or cancellation of event declaration
29        (1)   The Minister may, by instrument published in the Gazette,
30              amend or cancel an event declaration.

     page 4
                                        Major Events (Ticket Scalping) Bill 2018
                                       Declaration of major event         Part 2

                                                                            s. 6



1        (2)   Before amending or cancelling an event declaration the Minister
2              must consult with the people referred to in section 4(2).

3   6.         When instrument takes effect
4              An instrument under section 4(1) or 5(1) takes effect --
5               (a) on the day after the day on which it is published in the
6                     Gazette; or
7               (b) if a later day is specified in the instrument -- on that
8                     day.




                                                                         page 5
     Major Events (Ticket Scalping) Bill 2018
     Part 3          Ticket scalping

     s. 7



1                          Part 3 -- Ticket scalping
2    7.         Offence of ticket scalping
3               A person must not, without the written authorisation of the
4               event organiser, sell a ticket to a major event at a price greater
5               than the original price of the ticket.
6               Penalty: a fine of $5 000.

7    8.         Action for damages
8         (1)   If a person suffers loss, injury or damage because of a
9               contravention of section 7, the person may recover the amount
10              of the loss, injury or damage, or damages in respect of the loss,
11              injury or damage, by proceeding against 1 or more of the
12              following --
13                 (a) a person who has aided, abetted, counselled or procured
14                      the contravention;
15                (b) a person who has induced, whether by threats or
16                      promises or otherwise, the contravention;
17                 (c) a person who has been in any way, directly or indirectly,
18                      knowingly concerned in, or a party to, the contravention;
19                (d) a person who has conspired with others to effect the
20                      contravention.
21        (2)   A proceeding under subsection (1) cannot be commenced more
22              than 3 years after the date on which the cause of action accrued.

23




     page 6
                                                       Major Events (Ticket Scalping) Bill 2018



                                                                                                       Defined terms



                                           Defined terms
          [This is a list of terms defined and the provisions where they are defined.
                                 The list is not part of the law.]
    Defined term                                                                                          Provision(s)
    Arts Minister ......................................................................................................... 3
    event declaration ................................................................................................... 3
    event organiser ...................................................................................................... 3
    major event ........................................................................................................... 3
    original price ......................................................................................................... 3
    Sports Minister...................................................................................................... 3
    ticket to a major event ........................................................................................... 3

1




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