South Australian Government introduces new ticket scalping legislation

Planned legislation introduced by the South Australian Government would see court-imposed fines of up to $20,000, with a maximum penalty of $100,000 for websites and publications which advertise the sale of scalped tickets.

The new legislation, which could be law before Christmas, would also see individuals who attempt to sell tickets to events with a ‘resale restriction’ placed on it for more than 110% of the original sale price will face on the spot fines of up to $550.

The legislation will also see public servants tasked with catching illegal ticket scalpers during major events with the South Australian consumer affairs watchdog to hire an employee devoted to tracking illegal scalpers, with more resources to be added in the lead-up to major concerts and sporting events.

South Australian Commissioner for Consumer Affairs Dini Soulio told a recent Budget Estimates committee considering the legislation that initially one compliance officer would target online ticket sales, but more anti-scalping employees could be added later.

He advised “subject to how that progresses, I have the flexibility within my investigation and compliance workforce to move resources around depending on priority and need,” he said.

A Cricket Australia spokesman welcomed the proposed new legislation advising “we want to send a very clear message to those who try to take advantage of the system and scalp tickets at inflated prices, that we will identify and cancel tickets, per our terms and conditions.

“Our message to all fans is to not support this practice. While we understand this leads to disappointment with some tickets being sold out, you should only purchase from official ticket agencies to ensure you only pay the official prices, and not risk your ticket being cancelled at the gate.”

There have been no prosecutions under South Australia’s current anti-ticket scalping legislation. 

South Australia’s current ticket resale laws
• A person must not, without the written approval of the event organiser for a major event, sell or offer for sale a ticket for admission to the event at a price which exceeds the original ticket price by more than 10%.
• The legislation is only enforceable for an event that has been declared a major event. Examples of this previously include AFL finals and international cricket games at Adelaide Oval and some high profile concerts.
• The maximum penalties are $5000 for an individual and $25,000 for a body corporate.

South Australia’s proposed ticket resale laws
• People who attempt to sell tickets to events with a “resale restriction” placed on it for 10% more than original sale price will face on-the-spot fines of up to $550.
• Most event organisers place resale restrictions on their tickets and this removes the need to declare an event a ‘major event.
• The Bill also provides court-imposed fines of up to $20,000, with a maximum penalty of $100,000 for websites and publications that advertise the sale of scalped tickets.

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