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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Fair Trading Amendment (Ticket Reselling)
Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Fair Trading Act 1987 No 68 3
b2013-158-31.d16
This public bill which originated in the Legislative Assembly, has passed and is now ready
for presentation to the Legislative Council for its concurrence.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2014
New South Wales
Fair Trading Amendment (Ticket Reselling)
Bill 2014
Act No , 2014
An Act to amend the Fair Trading Act 1987 with respect to the resale of certain tickets to sporting
or entertainment events.
EXAMINED
Assistant Speaker
Fair Trading Amendment (Ticket Reselling) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Fair Trading Amendment (Ticket Reselling) Act 2014. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Fair Trading Amendment (Ticket Reselling) Bill 2014 [NSW]
Schedule 1 Amendment of Fair Trading Act 1987 No 68
Schedule 1 Amendment of Fair Trading Act 1987 No 68 1
[1] Part 4 NSW consumer safety and information requirements 2
Insert after Division 5: 3
Division 6 Resale of tickets to sporting or entertainment events 4
58 Tickets to which Division applies 5
(1) This Division applies to a ticket to a sporting or entertainment event held in 6
New South Wales if: 7
(a) the ticket is subject to a resale restriction, and 8
(b) the ticket contains a term or condition that provides that the organiser of 9
the event will take all reasonable steps to give the ticket holder notice of 10
the organiser's intention to cancel the ticket or render it invalid under 11
the resale restriction, within a reasonable time before cancelling it or 12
rendering it invalid. 13
(2) A resale restriction means, for the purposes of this Division, a term or 14
condition of a ticket that limits the circumstances in which the ticket may be 15
resold or prohibits resale of the ticket and includes a term or condition that 16
provides for the ticket to be cancelled or rendered invalid if the ticket is resold, 17
or if the ticket is resold in certain circumstances. 18
(3) A reference in this Division to the terms and conditions of a ticket includes a 19
reference to the terms and conditions of any contract that governs the use of 20
the ticket (including resale). 21
59 Unauthorised advertisement for resale of tickets 22
(1) An advertisement that offers a ticket for sale is, for the purposes of this 23
Division, an unauthorised advertisement unless the advertisement complies 24
with the requirements of this section. 25
(2) An advertisement must specify the ticket number, bay number, row number 26
and seat number of the ticket if the ticket has been issued and includes such 27
numbers. 28
(3) An advertisement must specify the terms and conditions of the ticket or 29
specify where those terms and conditions can be readily found. 30
(4) An advertisement must include a notice specifying the circumstances in which 31
resale of the ticket may result in the ticket being cancelled or rendered invalid. 32
(5) An advertisement must contain a photograph of the ticket that clearly shows 33
any ticket number, row number and seat number. However, the photograph 34
must not show any barcode on the ticket. 35
(6) This section does not apply to: 36
(a) an advertisement published by or on behalf of the organiser of the event 37
to which the ticket relates or any agent of the organiser, or 38
(b) an advertisement offering a ticket for sale at or below the price (not 39
including any booking fee or other transaction cost) at which the ticket 40
was offered for sale by, or on behalf of, the organiser of the event to 41
which the ticket relates, or 42
(c) an advertisement of a class prescribed by the regulations. 43
Page 3
Fair Trading Amendment (Ticket Reselling) Bill 2014 [NSW]
Schedule 1 Amendment of Fair Trading Act 1987 No 68
60 Public forum not to contain unauthorised advertisement 1
(1) In this section: 2
advertisement means any advertisement whether paid or not. 3
forum means any forum having advertisements to which members of the 4
public have access (whether or not a member of the public is first required to 5
pay a fee or subscription, register or become a member) such as a website, a 6
newspaper, magazine or other publication or a public notice board. 7
person conducting a business or undertaking has the same meaning as in the 8
Work Health and Safety Act 2011 but also includes any person of a class 9
prescribed by the regulations. 10
(2) A person conducting the business or undertaking of a forum must take 11
reasonable steps to ensure that no advertisement in the forum is an 12
unauthorised advertisement. 13
Maximum penalty: 200 penalty units. 14
(3) A person conducting the business or undertaking of a forum must, within a 15
reasonable time after being notified in writing by a person referred to in 16
subsection (4) of an unauthorised advertisement in the forum, ensure that if it 17
is reasonably practicable to do so: 18
(a) the advertisement is removed from the forum, or 19
(b) the advertisement is changed so that it is not an unauthorised 20
advertisement. 21
Maximum penalty: 50 penalty units. 22
(4) Notification under subsection (3) can only be made by the organiser of the 23
event to which the advertised ticket relates or a person nominated by the 24
organiser. 25
(5) The regulations may prescribe circumstances in which a person conducting the 26
business or undertaking of a forum is taken to have been notified in writing 27
that there is an unauthorised advertisement in the forum. 28
(6) This section does not apply to an advertisement offering a ticket for sale if the 29
advertisement is in a forum that has been authorised for the purposes of such 30
sale by the organiser of the event. 31
(7) A reference in this section to a person conducting a business or undertaking 32
includes a reference to the owner of the business or undertaking. 33
60A Resale restriction void unless ticket contains warning 34
A resale restriction that provides for a ticket to be cancelled or rendered invalid 35
if it is resold (or if it is resold in certain circumstances) is void unless the ticket 36
contains a warning in the form prescribed by the regulations. 37
60B Review of Division 38
(1) The Minister is to review this Division to determine whether the policy 39
objectives of the Division remain valid and whether the terms of the Division 40
remain appropriate for securing those objectives. 41
(2) The review is to be undertaken as soon as possible after the period of 3 years 42
from the commencement of this Division. 43
(3) A report on the outcome of the review is to be tabled in each House of 44
Parliament within 12 months after the end of the period of 3 years. 45
Page 4
Fair Trading Amendment (Ticket Reselling) Bill 2014 [NSW]
Schedule 1 Amendment of Fair Trading Act 1987 No 68
[2] Schedule 5 Savings and transitional provisions 1
Omit clause 1A (1). Insert instead: 2
(1) The regulations may contain provisions of a savings or transitional nature 3
consequent on the enactment of this Act or any Act that amends this Act. 4
[3] Schedule 5 5
Insert at the end of the Schedule with appropriate Part and clause numbers: 6
Part Provisions consequent on enactment of Fair 7
Trading Amendment (Ticket Reselling) Act 2014 8
Definition 9
In this Part: 10
amending Act means the Fair Trading Amendment (Ticket Reselling) 11
Act 2014. 12
Unauthorised tickets on forum 13
Section 60, as inserted by the amending Act, does not apply to an unauthorised 14
advertisement in a forum if the advertisement was in the forum before the 15
commencement of that section. 16
Cancellation of ticket 17
Section 60A, as inserted by the amending Act, does not apply to a ticket issued 18
before the commencement of that section. 19
Page 5
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