Contact Consumer Protection
Tel: 1300 30 40 54
consumer@dmirs.wa.gov.au
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Ticket scalping and reselling
Event tickets can be bought and sold either directly (ie. word-of-mouth, Facebook, Gumtree) or through ticket reselling websites. However in WA, specific laws aim to prevent would-be-purchasers from paying more than a 10 percent mark- up and to prosecute ticket scalpers.
Information on ticket reselling explains how to legally sell tickets you no longer need, this page warns of what to look for when looking to purchase tickets.
When buying a ticket, you should always
Check availability from the primary or authorised ticket seller first. You may not have the same protection if you buy from a private seller or reselling website.
- The performer, promotor or venue’s website which will direct you to authorised sellers;
- Ticket reselling websites must clearly state: “This is a ticket resale service. You are not buying from a primary ticket provider.”
- Beware unauthorised resellers pay to appear at the top of online ticket search results so are often the first site that appears in your search.
- Save all transaction records
If buying from a ticket reseller
- You should not pay more than 10 per cent on top of the original ticket price, i.e. if the original price is $100 (including booking fees) and the ticket has a resale restriction in the terms and conditions, WA specific anti-scalping law means the reseller can charge a maximum of $110
- Make sure advertisements include the original ticket cost (including booking fees) and details of the bay, row and/or seat number
- You may be refused entry at the venue if the ticket is invalid or fake
- You risk not receiving a refund if an event is cancelled or rescheduled
- You risk losing both your money and the opportunity to attend the event if the ticket is not delivered.
Resale Restrictions
A resale restriction is a condition on a ticket that limits when that ticket may be resold. If a ticket does not have a resale restriction, the WA Scalping laws do not apply. This allows events such as community events and charity fundraisers to have more flexibility around the resale of tickets.
Additional advice when buying a ticket
- Check the terms and conditions so you are aware of your rights and responsibilities before purchasing.
- Contact the ticket package provider for an itemised breakdown prior to making a payment.
- Limit personal details shared.
- Always use secure payment methods such as a credit card or PayPal.
- Check WA ScamNet for any relevant scams.
- View Live Performance Australia’s Safe Tix Guide.
Western Australian ticket scalping laws
The Ticket Scalping Act 2021 (WA) applies to all tickets sold for events being held in Western Australia on or after 10 September 2021 that have a resale restriction.
These laws provide fairer access to events in WA by prohibiting anyone from reselling a ticket to a WA event for more than the original price plus 10 per cent. The use of 'bot' software that allows ticket scalpers to rapidly buy tickets in large quantities is also banned.
National laws for the resale of event tickets
The Electronic Ticket Resale Service Information Standard requires all websites with the primary purpose of reselling tickets to events held in Australia to advise consumers that it is a reseller website and to display the original ticket price.
The Australian Consumer Law applies to the sale of all tickets to events in Australia. This law requires anyone selling tickets to events to provide tickets that are fit for purpose and match their description, advertise the full price including all fees, provide a receipt and not mislead in any way.
Buying a ticket FAQs
What should I look for in ticket resale advertisements for events in WA?
All ticket resale websites must clearly display:
The following statement or similar: This is a ticket resale service. You are not buying from a primary ticket provider.
- The total price of the original ticket cost – including booking fees.
- An asking price that is no more than 10 per cent above the original ticket cost.
- Any applicable bay, row or seat number. If there is no seat the advertisement must specify general admission or similar.
Advertisements that do not meet the above requirements are prohibited. Please notify the resale site operator by clicking the 'report' function or sending them an email. You should also report non-compliant advertisements to Consumer Protection WA.
How do I report bots?
You should contact the resale site operator in the first instance. If you have evidence bots have been used to buy tickets please report this to Consumer Protection on 1300 30 40 54 or email us.
What are the rules about ticket packages?
Tickets are sometimes sold as part of a package with extra services such as hotel accommodation, meals or transport. Resellers can seek to disguise the real price of tickets by providing them as part of a package.
Under the ticket scalping laws, tickets can only be resold as part of a package if provided or authorised by the event organiser. They must also include a breakdown of the costs for the parts of the package.
I bought resold tickets but they never arrived. Can I get a refund?
Contact the reseller first to confirm they have not made a mistake. You can also contact the ticket resale website's customer complaints section.
If you bought tickets with a credit card submit a chargeback claim with your card provider as soon as possible. If the tickets were purchased using PayPal, contact their Resolution Centre through your PayPal Buyer Protection program or by calling 1800 073 263.
The original supplier of the tickets is not legally obliged to give you a refund, as you did not transact directly with them. Your sale contract is with the reseller of the ticket.
Live Performance Australia has ticketing codes of practice which provide more information.
I bought a resold ticket from someone outside WA for an event held in WA. Are they allowed to charge me more than 10 per cent on top of the original price?
If you are being sold a ticket that includes a resale restriction this is against the law. It does not matter where the buyer or seller lives only whether the event is located in WA and is subject to a resale restriction.
I bought a ticket, attended the event and then found out I was charged more than 10 per cent on top of the original ticket price. Can I get refunded the difference?
No. Consumer Protection does not have the power to order refunds in these circumstances.
You should report non-compliant advertisements to Consumer Protection on 1300 30 40 54 or email us.
I bought a ticket and later realised that the ticket was a resale ticket rather than from the original supplier. Am I entitled to a refund?
You are unlikely to be entitled to a refund unless the ticket reseller did not meet their obligations under the Australian Consumer Law (WA).
If you see any prohibited advertisements, you should notify the resale site operator by clicking the 'report' function or sending them an email. You should also report non-compliant advertisements to Consumer Protection on 1300 30 40 54 or email us.
My ticket was not valid and I was refused entry to the venue
You should contact the ticket resale website or the reseller as well as Consumer Protection on 1300 30 40 54 or by email.
If you bought tickets with a credit card submit a chargeback claim with your card provider as soon as possible. If the tickets were purchased using PayPal, contact their Resolution Centre through your PayPal Buyer Protection program or by calling 1800 073 263.
The ticket I bought is for a different seat than advertised. It was a cheaper seat meaning I paid too much.
You should contact the ticket resale website or the reseller as well as Consumer Protection on 1300 30 40 54 or by email.
If you bought tickets with a credit card submit a chargeback claim with your card provider as soon as possible. If the tickets were purchased using PayPal, contact their Resolution Centre through your PayPal Buyer Protection program or by calling 1800 073 263.
The event was cancelled. Can I get a refund if I hold a legitimately resold ticket?
Any refunds being offered by official ticketing agencies or event organisers will be paid to the first purchaser of the ticket and not to those with resold tickets. If you bought your ticket from a resale website, review the terms & conditions and check with the resale website to see if you are covered for event cancellations.
If you bought tickets with a credit card submit a chargeback claim with your card provider as soon as possible. If the tickets were purchased using PayPal, contact their Resolution Centre through your PayPal Buyer Protection program or by calling 1800 073 263.
How do I report a ticket scalping advertisement when I think the asking/sale price is more than 10 per cent above the original ticket cost?
Before making an email report, check the authorised seller’s original ticket price – including booking fees. If you suspect the asking/sale price is more than 10 per cent above the original ticket price, report this by emailing us with the subject heading 'Ticket scalping'.
Evidence to report ticket scalping such as screenshots or print screen shots that includes:
- The advertised ticket resale price
- The number of tickets being offered for sale/supply
- The location details of the ticket, i.e. section/block, row, and seat information
- The seller full name or alias name
- If available, any screenshots of contact details including mobile/email
- Any website URL links of the ticket scalping conduct
- Any ticket resale website ad identification/reference numbers
- All written communications with the suspected ticket scalper
- Your contact details in the event the Investigation and Regulation Directorate may contact you to discuss your report
Tickets scalping and reselling FAQs
Want to know about how to sell your tickets the right way? Visit Ticket reselling page.
You can also download the full list of FAQs about buying on reselling tickets.
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