New regulations under WA’s ticket scalping laws will give Consumer Protection the power to issue infringement notices to people identified as re-selling concert and event tickets at a mark-up that is greater than allowed.
The infringement notices of $2,000 each will also apply to the owners of ticket selling platforms who fail to remove advertisements that breach the laws.
Under the Ticket Scalping Act, which came into effect in September 2021, ticket re-sellers are limited to a maximum ten per cent mark-up from the original price. Re-sold tickets must disclose the location of the seat or viewing spot for each ticket. Offenders face a fine of $20,000 for individuals and $100,000 for companies.
Also banned is the use of software, known as ‘bots’, which are designed to by-pass security measures in order to purchase tickets in bulk. This offence carries penalties of a $100,000 fine for individuals and $500,000 for companies.
Executive Director for Consumer Protection Trish Blake said infringement notices will be a very useful addition to the enforcement toolkit used to combat ticket scalping.
“It may not be in the public interest to prosecute all law breakers through the courts, so being able to issue an infringement notice in minor matters and for first offenders will be a quick and efficient way of discouraging scalping, particularly online,” Ms Blake said.
“However, prosecution action in the courts will be taken against people and platforms committing multiple offences and that’s where penalties will be much greater if they are found guilty.
The ticket re-selling laws have been in operation for six months now and are well-known in the community, so there is no excuse for ignorance of the laws.
“Consumers can also help combat scalping by only buying tickets from the authorised seller. Buying from re-sellers is risky as the tickets can be cancelled by the event organiser or the venue and there is also a high chance that the tickets are fake, resulting in disappointment when entry is denied.”
The new regulations will also clarify requirements for the sale of tickets when offered as part of a package, such as travel and accommodation. These sales will be allowed provided the supplier provides a specific breakdown of the costs of goods and services in the package, before any money is paid. There is an exception if the supplier of tickets offered in a package is the event organiser.
