Ticket reselling

Ticket reselling laws in NSW

Event organisers can authorise ticketing agencies to sell tickets for their events.

Ticket reselling can happen when:

• someone buys a ticket to an event and then can no longer attend, or
• ticket scalpers deliberately purchase tickets to resell for a profit when an event is sold out – this practice is illegal.

In NSW, laws targeting ticket scalping were introduced on 1 June 2018.

The laws:

• prevent ticket resellers from selling a ticket for profit
• make it an offence to resell a ticket for more than the original retail price, plus transaction costs, for example, booking fees, ticket delivery fees and credit card surcharges, up to a maximum 10% of the original ticket price
• prevent event organisers from cancelling a ticket on the basis it was resold, provided it was sold in accordance with the new laws
• only apply to events held at a venue in NSW.

The laws apply no matter how many times a ticket is resold between different people. This may mean you need to research comparable tickets before you advertise tickets for resale.

Remember, even with the ticket scalping laws, buying a resold ticket is not without risk. If you buy a ticket from a reseller, attend the event and then find out you were charged more than 110% of the original ticket price, you may not get a refund of the difference. We do not have the power to order refunds in any circumstance.

Resale advertisement requirements

From 1 June 2018, any advertisement to resell a ticket must include:

• the original ticket cost
• an asking price that is no more than 10% above the original ticket cost
• the location of the bay, row or seat number attached to the ticket and tickets to events without allocated seating must specify general admission or similar.

Any advertisements that do not comply with these requirements are prohibited advertisements.

Report advertisements that do not comply with the requirements to the resale site operator. Send an email to the resale website or use the 'report' function (if there is one) to trigger an investigation into suspicious or non-compliant advertisements.

If a ticket is resold in breach of the ticket scalping laws, the event organiser can cancel the ticket and refuse entry to the person who holds it.

The laws also make it an offence to publish a prohibited advertisement on:

• resale sites, for example, Viagogo, Ticketmaster Resale, StubHub, Twickets
• general sale platforms, for example, eBay
• social media and in newspaper or magazines.

Ticket resale information standard

The Government introduced an Information Standard to assist consumers in making informed choices about the purchase of event tickets.

The Information Standard affects websites that sell tickets for events in both primary and secondary markets.

The Information Standard states that businesses providing the service must display the following information continuously on their website, in a legible, prominent and clear way:

• a statement in the form of “This is a ticket resale service. You are not buying from a primary ticket provider”, and
• the total price, excluding a charge that is payable in relation to sending the ticket to a person, that the consumer would reasonably be expected to pay to purchase the ticket from a person who is authorised to provide the first supply of tickets for the event.

The Information Standard can be viewed on the Federal Register of Legislation.

Cancelled events

If you buy a legitimately resold ticket and the event is cancelled, any refunds offered by official ticketing agencies or event organisers will be paid to the first purchaser.

Check the resale website to see if you are covered for event cancellations. If you paid by credit card, you could also check with your bank about chargeback options.

Buyers should be aware that the original supplier of the tickets (the official ticketing agency or the event organiser) is not legally bound to provide you with a refund, as you did not transact directly with them. Your sale contract is with the reseller of the ticket.

Penalties

Maximum penalties for breaching ticket scalping laws are $110,000 for a corporation or $22,000 for an individual. NSW Fair Trading can also issue a $550 fine for individual and $1100 for corporations for any offence under the laws, including one-off breaches.

Your consumer rights

Under Australian Consumer Law, most products or services bought in Australia after 1 January 2011 come with automatic consumer guarantees that the product or service you purchased will:

• be of acceptable quality
• be fit for a particular purpose
• match the description, or sample or demonstration model.

Proof of purchase and documentation

You have the right to receive proof of purchase that can include:

• an invoice
• a digital receipt
• cash register receipt
• handwritten receipt, or
• lay-by agreement.

Businesses must give you a receipt for goods or services valued at $75 or more. You can ask for a receipt for a transaction under $75 and the business must give it to you within 7 days.

If the service has a warranty, it will give you some extra protection against faults or defects. Warranties generally have terms and conditions attached and it’s your responsibility to be aware of these.

Advertising

Advertising can be a powerful means of persuasion, so it’s important it is truthful, accurate and easy to understand. Australian Consumer Law protects consumers from deceptive advertising claims and conduct.

Businesses are not allowed to make false or misleading representations about their products or services.

The remedy if something goes wrong with your ticket purchase

The remedy when things go wrong will depend on whether the problem is major or minor.

You are entitled to an appropriate remedy from the business when the product or service you purchased does not meet one or more of the consumer guarantees.

This might be:

• a refund
• cancellation and replacement
• further service to rectify the problem
• reimbursement for damages and consequential loss in some cases.

The remedy will depend on whether the problem is:

• a major problem, or
• a minor problem.

You can find out more by visiting our repairs, replacements and refunds page.