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