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


TICKET SCALPING BILL 2018

                    Western Australia


         Ticket Scalping Bill 2018

                        Contents

      Part 1 -- Preliminary
1.    Short title                                        2
2.    Commencement                                       2
3.    Terms used                                         2
4.    Resale restrictions                                4
5.    Application of Act                                 4
      Part 2 -- Resale, supply or
           advertising of tickets
6.    Ticket scalping                                    5
7.    Invalid resale restrictions                        5
8.    Supply of tickets not to be made contingent on
      other purchases                                    5
9.    Prohibited advertisements                          5
10.   Ticket resale advertising                          6
      Part 3 -- Online purchase of tickets
11.   Prohibited conduct in relation to the use of
      ticketing websites                                 7
      Part 4 -- Miscellaneous
12.   Functions of Commissioner                          8
13.   Application of the Fair Trading Act 2010           8
14.   Infringement notices and the Criminal Procedure
      Act 2004                                          10
15.   Regulations                                       10
16.   Review of Act                                     10




                            110--1                       page i
Ticket Scalping Bill 2018



Contents



               Part 5 -- Transitional provision
      17.      Transitional provision            12
               Defined terms




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


                 Ticket Scalping Bill 2018

                               A Bill for


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.



The Parliament of Western Australia enacts as follows:




                                                                  page 1
     Ticket Scalping Bill 2018
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the 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 a day fixed by proclamation.

9    3.       Terms used
10            In this Act --
11            advertisement means any advertisement, whether paid or not;
12            advertising publication means any website, on-line facility,
13            newspaper, magazine or other publication or service containing
14            advertisements to which members of the public have access
15            (whether or not a member of the public is first required to pay a
16            fee or subscription, register or become a member);
17            authorised ticket seller, in relation to an event, means --
18              (a) if the event organiser has authorised a person to supply
19                    tickets for admission to the event on behalf of the event
20                    organiser, or to resupply tickets for admission to the
21                    event after acquiring them from the event organiser --
22                    that person; or
23              (b) in any other case -- any event organiser for the event;
24            Commissioner has the meaning given in the Fair Trading
25            Act 2010 section 6;
26            event includes the following --
27              (a) a sporting event;
28              (b) an entertainment event, including a concert, a
29                    performance at a theatre or the opera, and a dance event;


     page 2
                                                Ticket Scalping Bill 2018
                                              Preliminary          Part 1

                                                                      s. 3



1     (c)     a festival;
2     (d)     a cultural event or display;
3     (e)     an arena event;
4      (f)    any other form of public performance, exhibition,
5             display or public gathering;
6    event organiser, in relation to an event, means --
7       (a) the person who authorises the first supply of tickets for
8             admission to the event, whether or not that person is also
9             a performer, the promoter of the event or the operator of
10            the event venue; or
11     (b) a person within a class of persons declared by the
12            regulations to be the event organiser in relation to a class
13            of events to which the event belongs;
14   original ticket price, in relation to a ticket for admission to an
15   event, means the amount for which the ticket was purchased
16   when first offered for retail sale by the event organiser or an
17   authorised ticket seller (and includes, if a booking fee or other
18   commission was payable to an authorised ticket seller in relation
19   to that sale, the amount of that fee or commission);
20   owner, of an advertising publication, includes any person who
21   carries on the business or undertaking of the advertising
22   publication;
23   prohibited advertisement means a ticket resale advertisement
24   that does not comply with section 9;
25   resale restriction has the meaning given in section 4;
26   sell includes offer or advertise for sale;
27   supply includes offer to supply and advertise for supply;
28   ticket resale advertisement means an advertisement for the sale
29   of a ticket for admission to an event by a person other than an
30   authorised ticket seller.




                                                                  page 3
     Ticket Scalping Bill 2018
     Part 1          Preliminary

     s. 4



1    4.         Resale restrictions
2         (1)   For the purposes of this Act, a resale restriction is a term or
3               condition of a ticket for admission to an event that limits the
4               circumstances in which the ticket may be resold.
5         (2)   A term or condition that limits the circumstances in which a
6               ticket may be resold includes a term or condition that provides
7               for the ticket to be cancelled, surrendered or rendered invalid if
8               the ticket is resold or if the ticket is resold in certain
9               circumstances.

10   5.         Application of Act
11        (1)   This Act applies to tickets for admission to events in Western
12              Australia that are subject to a resale restriction.
13        (2)   Subject to subsection (1), this Act extends to conduct, and other
14              acts, matters and things, occurring or existing outside or partly
15              outside Western Australia (whether within or outside Australia).




     page 4
                                                            Ticket Scalping Bill 2018
                              Resale, supply or advertising of tickets         Part 2

                                                                                  s. 6



1          Part 2 -- Resale, supply or advertising of tickets
2    6.         Ticket scalping
3               A person must not sell a ticket for admission to an event for an
4               amount which exceeds the original ticket price by more than
5               10%.
6               Penalty: a fine of $20 000.

7    7.         Invalid resale restrictions
8               A resale restriction is void to the extent that it provides for the
9               ticket to be cancelled, surrendered or rendered invalid if the
10              ticket is resold for an amount not exceeding 110% of the
11              original ticket price.

12   8.         Supply of tickets not to be made contingent on other
13              purchases
14        (1)   A person (the supplier) must not supply a ticket for admission
15              to an event to any other person (the recipient) under an
16              agreement that makes the liability of the supplier to supply the
17              ticket to the recipient contingent on payment by the recipient to
18              the supplier of an amount in consideration for the provision to
19              the recipient of any other goods or services.
20              Penalty for this subsection: a fine of $20 000.
21        (2)   Subsection (1) does not apply to the supply of a ticket under --
22               (a) an agreement that has been authorised by the event
23                     organiser for the relevant event; or
24               (b) any other agreement of a kind prescribed by the
25                     regulations.

26   9.         Prohibited advertisements
27        (1)   A ticket resale advertisement must not specify an amount for the
28              sale of the ticket that is more than 110% of the original ticket
29              price.


                                                                              page 5
     Ticket Scalping Bill 2018
     Part 2          Resale, supply or advertising of tickets

     s. 10



1          (2)   A ticket resale advertisement must specify --
2                 (a) the original ticket price; and
3                 (b) details of the location from which the ticket holder is
4                        authorised to view the event (including, for example,
5                        any bay number, row number and seat number for the
6                        ticket).

7    10.         Ticket resale advertising
8          (1)   The owner of an advertising publication must ensure that no
9                prohibited advertisement is published in the publication.
10               Penalty for this subsection: a fine of $20 000.
11         (2)   It is a defence to a charge of an offence under subsection (1) to
12               prove that --
13                  (a) the advertisement was received by the person charged,
14                        or by a person acting on that person's behalf, in the
15                        ordinary course of carrying on the business or
16                        undertaking associated with the advertising publication;
17                        and
18                  (b) the agreement relating to the publication of the
19                        advertisement between the person charged and the
20                        person placing the advertisement was subject to terms or
21                        conditions prohibiting the publication of prohibited
22                        advertisements; and
23                  (c) the person charged, or a person responsible for
24                        managing the advertising publication on that person's
25                        behalf, as soon as practicable after becoming aware that
26                        the prohibited advertisement had been published in the
27                        publication, took reasonable steps to ensure that the
28                        advertisement was removed from the publication; and
29                  (d) the person charged took such other steps as were
30                        reasonable in the circumstances to ensure that no
31                        prohibited advertisement was published in the
32                        publication.



     page 6
                                                          Ticket Scalping Bill 2018
                                          Online purchase of tickets         Part 3

                                                                              s. 11



1                   Part 3 -- Online purchase of tickets
2    11.         Prohibited conduct in relation to the use of ticketing
3                websites
4          (1)   In this section --
5                security measures, in relation to a website, include any
6                measures of a kind prescribed by the regulations for the
7                purposes of this definition.
8          (2)   A person must not use any software to enable or assist the
9                person to circumvent the security measures of a website to
10               purchase tickets in contravention of the published terms of use
11               of the website.
12               Penalty for this subsection: a fine of $100 000.
13         (3)   For the purposes of subsection (2), terms of use of a website are
14               published if they are published on the website.




                                                                            page 7
     Ticket Scalping Bill 2018
     Part 4          Miscellaneous

     s. 12



1                            Part 4 -- Miscellaneous
2    12.         Functions of Commissioner
3          (1)   The functions of the Commissioner include the following --
4                 (a) to promote the operation and effect of this Act;
5                 (b) to conduct educational activities associated with
6                       promoting compliance with this Act;
7                 (c) to receive complaints and information concerning
8                       potential breaches of this Act and, if the Commissioner
9                       considers it warranted, to investigate any matter and to
10                      take any action in respect of those complaints or that
11                      information considered to be appropriate by the
12                      Commissioner;
13                (d) to publish (in any form) statements identifying and
14                      giving warnings about conduct or practices that are in
15                      breach of this Act, including by identifying persons who
16                      engage or are likely to engage in such conduct or
17                      practices;
18                (e) to perform other functions associated with the operation
19                      or enforcement of this Act, or otherwise conferred on
20                      the Commissioner under, or for the purposes of, this
21                      Act.
22         (2)   The Commissioner must not make or issue a statement under
23               subsection (1)(d) that identifies a specific person unless satisfied
24               that it is in the public interest to do so.

25   13.         Application of the Fair Trading Act 2010
26         (1)   The following provisions of the Fair Trading Act 2010 apply,
27               with any modifications that are necessary for the purposes of
28               this Act, as if those provisions were a part of this Act --
29                 (a) sections 60 and 61;
30                 (b) Part 6, other than sections 64 and 65 and Division 4A;



     page 8
                                                  Ticket Scalping Bill 2018
                                              Miscellaneous          Part 4

                                                                       s. 13



1           (c)   Part 7, other than sections 96, 97, 98, 100 and 108 and
2                 Division 4;
3           (d)   Part 8, other than section 116.
4    (2)   For the purposes of subsection (1), the Fair Trading Act 2010 is
5          to be read as if --
6            (a) a reference to "this Act" or "this or any other Act" were
7                  a reference to this Act; and
8            (b) the words "or another Act", "or any other Act" (other
9                  than in section 60(1)) or "or another Act that confers
10                 functions on the Commissioner" were deleted; and
11           (c) a reference to "the Department" were a reference to the
12                 department of the Public Service principally assisting
13                 the Minister in the administration of this Act; and
14           (d) the words "or a police officer assisting in an
15                 investigation under section 88D" in paragraph (c) of the
16                 definition of authorised person in section 63 were
17                 deleted; and
18           (e) the words "the Fair Trading Act 2010" were inserted in
19                 the definition of investigator in section 63 after the
20                 words "designated under"; and
21            (f) the words "the Fair Trading Act 2010" were inserted in
22                 section 66 after the words "the document provided
23                 under"; and
24           (g) sections 77(6), 89(2A) and (5A), 95(5), 106(3)(c) and
25                 112(3)(c)(ii), (da) and (f) were deleted; and
26           (h) the words "or 4A" in section 88(1) were deleted; and
27            (i) the words "or 88E" in section 89(2) were deleted; and
28            (j) the words "or 100" in sections 94(1)(a), 105(1) and
29                 106(3)(b) were deleted; and
30           (k) the definition of regulated person in section 112(1)
31                 were deleted.




                                                                    page 9
     Ticket Scalping Bill 2018
     Part 4          Miscellaneous

     s. 14



1          (3)   Subject to subsection (2), any definition contained in the Fair
2                Trading Act 2010 of a term used in the provisions applied by
3                subsection (1) also applies for the purposes of those provisions.

4    14.         Infringement notices and the Criminal Procedure Act 2004
5          (1)   If this Act is a prescribed Act for the purposes of the Criminal
6                Procedure Act 2004 Part 2, this section applies in relation to the
7                service of an infringement notice under that Part by an
8                authorised officer in relation to an alleged offence under this
9                Act.
10         (2)   The infringement notice must be served within --
11                (a) 21 days after the day on which the authorised officer
12                      forms the opinion that there is sufficient evidence to
13                      support the allegation of the offence; and
14                (b) 6 months after the day on which the alleged offence is
15                      believed to have been committed.
16         (3)   The Criminal Procedure Act 2004 Part 2 is modified to the
17               extent necessary to give effect to this section.

18   15.         Regulations
19         (1)   The Governor may make regulations prescribing matters --
20                (a) required or permitted by this Act to be prescribed; or
21                (b) necessary or convenient to be prescribed for giving
22                     effect to the purposes of this Act.
23         (2)   The regulations may provide for offences against the regulations
24               and prescribe penalties for those offences not exceeding a fine
25               of $5 000.

26   16.         Review of Act
27         (1)   The Minister must review the operation and effectiveness of this
28               Act, and prepare a report based on the review, as soon as
29               practicable after the 5th anniversary of the day on which this
30               section comes into operation.

     page 10
                                                  Ticket Scalping Bill 2018
                                              Miscellaneous          Part 4

                                                                        s. 16



1   (2)   The Minister must cause the report to be laid before each House
2         of Parliament as soon as practicable after it is prepared, but not
3         later than 12 months after the 5th anniversary.




                                                                    page 11
    Ticket Scalping Bill 2018
    Part 5          Transitional provision

    s. 17



1                   Part 5 -- Transitional provision
2   17.       Transitional provision
3             This Act does not apply to a ticket purchased from an authorised
4             ticket seller before the day on which Part 2 comes into
5             operation.




    page 12
                                                                                 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)
advertisement ........................................................................................................ 3
advertising publication .......................................................................................... 3
authorised ticket seller .......................................................................................... 3
Commissioner ....................................................................................................... 3
event ...................................................................................................................... 3
event organiser ...................................................................................................... 3
original ticket price ............................................................................................... 3
owner .................................................................................................................... 3
prohibited advertisement ....................................................................................... 3
recipient ........................................................................................................... 8(1)
resale restriction .......................................................................................... 3, 4(1)
security measures ........................................................................................... 11(1)
sell .........................................................................................................................3
supplier ............................................................................................................ 8(1)
supply .................................................................................................................... 3
ticket resale advertisement .................................................................................... 3




                                                                                                                page 13

 


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