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The ticket resale market allows consumers to on-sell tickets they can no longer use. The resale market also allows consumers to access tickets to otherwise sold-out events.
Consumers can pay significantly inflated prices for resold tickets (ticket scalping), sometimes purchased in bulk through the use of bots. Consumers can also find it difficult to identify an authorised ticket seller’s website and a ticket reseller website.
To assist consumers make informed decisions when purchasing event tickets and prevent ticket scalping, both the Western Australian and Commonwealth Governments have created specific laws for the resale market.
An advertisement for the resale of tickets to an event in WA must include the following information or will be considered prohibited:
Owners of publications that publish a prohibited advertisement can face a fine of up to $20,000 for an individual or $100,000 for a corporation.
To avoid publishing prohibited advertisements Consumer Protection recommends that publishers of resale advertisements:
If you are not the event organiser, you can only supply tickets as part of a package deal if:
Use of computer programs that allow ticket scalpers to rapidly buy tickets in large quantities for resale is prohibited and can result in a maximum fine of $100,000.
Any website with the primary purpose of reselling tickets to an event in Australia must clearly and continuously display:
An Event Organiser is defined as the person (including a corporation) who authorises the first supply of tickets to an event. This is determined by the contractual arrangements for the staging of the entertainment or sporting event.
Event organisers must not cancel a ticket on the basis it was resold, if it was sold in accordance with the laws. This is to protect the legitimate right of consumers to recover their costs if they can no longer attend an event.
Reasonable steps event organisers can consider to prevent or reduce scalping include:
Individuals and publication or website owners who breach the Ticket Scalping Act 2021 may be issued with a $2,000 infringement notice or if prosecuted could face a maximum fine of $20,000 for individuals and $100,000 for companies. *Penalties of up to $100,000 apply for those using ‘bots’ to purchase tickets.
Ticket reselling websites which do not display the required information under the Information Standard may be fined up to $1,320 for individuals or $6,600 for companies. If prosecuted they could face a maximum penalty equal to the greater value of up to $10,000,000, 3 times the value of any direct or indirect benefit or 10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the offence was committed, or up to $500,000 for Individuals.*
*Consumer Protection will consider its Compliance and Enforcement Policy when deciding what action to take against breaches of the law. The policy sets out a series of escalating options for enforcement, from education to achieve compliance through to warnings, imposition of penalties and prosecution.
If you need further assistance in understanding what you need to do to comply with the laws around Ticket reselling, please see the FAQs below or contact Consumer Protection on 1300 30 40 54.
Resale of tickets to sporting and entertainment events is legal in WA. However, the resale of tickets outside some venues is prohibited under local and council laws. For example the selling of goods or services, including ticket reselling is not allowed in public areas within the City of Perth without a trading permit.
All tickets for events in WA can be resold if the sale complies with the Ticket Scalping Act 2021. The venue cannot refuse you entry only because of the resale. If you are refused entry for this reason, contact Consumer Protection.
A resale restriction is a condition on a ticket that limits when a ticket may be resold.
If there is no resale restriction, the Ticket Scalping Act 2021 does not apply. This allows community events and charity fundraisers to have more flexibility for their tickets.
A re-seller can charge no more than 10 per cent on top of the original price.
The original cost includes any booking fee charged on the original purchase. The additional 10 per cent is intended to allow you to recover any other transaction costs resulting from the purchase and resale of the ticket.
The original or total price is the price which a consumer would reasonably be expected to pay if they purchased the ticket from an authorised ticket seller.
The total price excludes delivery costs and can be worked out in many ways. The total price may be:
To calculate the resale price of one ticket, you should divide the booking fee by the number of tickets you bought and add it to the original cost base of the individual ticket.
Yes. The laws do not cover tickets provided on a complimentary basis and you will not commit an offence if you resell them. However, always check the terms and conditions for a resale restriction.
The laws continue to apply no matter how many times a ticket is resold between different people. The original ticket price will stay the same for each resale.
You can check the price by looking at comparable tickets or by contacting the official ticketing agency, the event promoter or the venue.
Yes, if the ticket is subject to a resale restriction and you sell it for more than 10 per cent above the original price you are breaching the law. Offenders may be issued with a $2,000 infringement notice or could face a maximum fine of $20,000 for individuals and $100,000 for companies if prosecuted.
When there are breaches of the law, Consumer Protection considers its Compliance and Enforcement Policy when deciding what action to take.
Even if someone is willing to pay more than 10% above the original ticket price, you are breaking the law if you sell your ticket for a higher price than 10 per cent above the original price. The buyer of your ticket is also at risk as their ticket could be cancelled by the venue or event promoter if it is sold in breach of the ticket scalping laws.
Want to know about protecting yourself when buying tickets? Visit Ticket scalping and reselling page.
You can also download the full list of FAQs about buying on reselling tickets.