Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Major Events (Ticket Scalping) Bill 2014
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
Part 2 -- Declaration of major event
4. Event declaration 4
5. Amendment or cancellation of event declaration 4
6. When instrument takes effect 5
Part 3 -- Ticket scalping
7. Offence of ticket scalping 6
8. Action for damages 6
Defined terms
111--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Hon. Mr Mark McGowan, MLA)
Major Events (Ticket Scalping) Bill 2014
A Bill for
An Act to control the resale of tickets to certain events and for
related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Major Events (Ticket Scalping) Bill 2014
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Major Events (Ticket Scalping) Act 2014.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 (other than section 3) -- on the day on which this
7 Act receives the Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Terms used
10 In this Act --
11 Arts Minister means the Minister responsible for the
12 administration of the Perth Theatre Trust Act 1979;
13 event declaration means a declaration under section 4(1);
14 event organiser, in relation to a major event, means the person
15 identified in an event declaration as the organiser of the event;
16 major event means an event declared to be a major event under
17 section 4(1);
18 original price, in relation to a ticket to a major event --
19 (a) means --
20 (i) the price printed on the ticket; or
21 (ii) if a price is not printed on the ticket, the price at
22 which the ticket was, or tickets of the same type
23 as the ticket were, originally offered for sale by
24 or on behalf of the event organiser;
25 and
26 (b) includes any fee or charge payable in relation to the
27 original sale of the ticket (for example, a booking fee or
28 postal charge);
page 2
Major Events (Ticket Scalping) Bill 2014
Preliminary Part 1
s. 3
1 Sports Minister means the Minister responsible for the
2 administration of the Western Australian Sports Centre
3 Trust Act 1986;
4 ticket to a major event means a ticket that --
5 (a) permits entry to a major event or to a particular activity
6 forming part of a major event; and
7 (b) is issued by or on behalf of the event organiser.
page 3
Major Events (Ticket Scalping) Bill 2014
Part 2 Declaration of major event
s. 4
1 Part 2 -- Declaration of major event
2 4. Event declaration
3 (1) The Minister may, by instrument published in the Gazette,
4 declare an event to be a major event.
5 (2) Before making an event declaration the Minister must consult
6 with the following people --
7 (a) the organiser of the event;
8 (b) if the event is a concert, theatrical event or other cultural
9 event -- the Arts Minister;
10 (c) if the event is a sporting event -- the Sports Minister.
11 (3) When determining whether to make an event declaration the
12 Minister must take into account the following matters --
13 (a) whether the event will attract a large number of
14 international participants or spectators and therefore
15 generate significant tourism opportunities for Western
16 Australia;
17 (b) whether the event will significantly raise Western
18 Australia's international profile;
19 (c) whether the event will attract significant sponsorship
20 and international media coverage;
21 (d) whether the event will attract a large number of Western
22 Australians as participants or spectators;
23 (e) whether the event will offer substantial sporting,
24 cultural, social, economic or other benefits for Western
25 Australia or Western Australians.
26 (4) An event declaration must identify the major event and the
27 organiser of the event.
28 5. Amendment or cancellation of event declaration
29 (1) The Minister may, by instrument published in the Gazette,
30 amend or cancel an event declaration.
page 4
Major Events (Ticket Scalping) Bill 2014
Declaration of major event Part 2
s. 6
1 (2) Before amending or cancelling an event declaration the Minister
2 must consult with the people referred to in section 4(2).
3 6. When instrument takes effect
4 An instrument under section 4(1) or 5(1) takes effect --
5 (a) on the day after the day on which it is published in the
6 Gazette; or
7 (b) if a later day is specified in the instrument -- on that
8 day.
page 5
Major Events (Ticket Scalping) Bill 2014
Part 3 Ticket scalping
s. 7
1 Part 3 -- Ticket scalping
2 7. Offence of ticket scalping
3 A person must not, without the written authorisation of the
4 event organiser, sell a ticket to a major event at a price greater
5 than the original price of the ticket.
6 Penalty: a fine of $5 000.
7 8. Action for damages
8 (1) If a person suffers loss, injury or damage because of a
9 contravention of section 7, the person may recover the amount
10 of the loss, injury or damage, or damages in respect of the loss,
11 injury or damage, by proceeding against one or more of the
12 following --
13 (a) a person who has aided, abetted, counselled or procured
14 the contravention;
15 (b) a person who has induced, whether by threats or
16 promises or otherwise, the contravention;
17 (c) a person who has been in any way, directly or indirectly,
18 knowingly concerned in, or a party to, the contravention;
19 (d) a person who has conspired with others to effect the
20 contravention.
21 (2) A proceeding under subsection (1) cannot be commenced more
22 than 3 years after the date on which the cause of action accrued.
23
page 6
Major Events (Ticket Scalping) Bill 2014
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)
Arts Minister ......................................................................................................... 3
event declaration ................................................................................................... 3
event organiser ...................................................................................................... 3
major event ........................................................................................................... 3
original price ......................................................................................................... 3
Sports Minister...................................................................................................... 3
ticket to a major event ........................................................................................... 3
[Index] [Search] [Download] [Related Items] [Help]