Additional Information on State Restrictions

StubHub has provided the information on this page to help you understand the local state restrictions on the resale of tickets. You are responsible for ensuring that your transaction is lawful.

Below is a summary of the existing legislation for events in specific states. These laws are based on where the event is taking place, not where the sale takes place, therefore these laws apply to ticket sales both within and outside the state in question.

If you have any questions regarding your rights to sell a ticket to an event in one of these states, anywhere else in Australia, or overseas, you should contact the ticket issuer or the relevant government department, and/or consult with a lawyer.

New South Wales (NSW)

The NSW Government prohibits the resale of tickets that are subject to a resale restriction at a price greater than the original acquisition cost (sale price plus associated transactions costs), which is capped at no more than 10% above the face value or original sale price of the ticket. You must therefore ensure that such tickets are not listed for more than 10% above face value.

In addition, the law requires sellers to specify the below for any tickets listed for sale to sporting or entertainment events in New South Wales that are subject to a resale restriction:

The NSW Government may also declare an event as a “major event”. It is unlawful to on-sell (or offer for sale) tickets for “major events” unless authorised to do so by the “responsible authority”.

For more information, see the Major Events Act 2009 and the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 No 52.

Victoria

The resale of tickets is generally allowed. However, the Victorian Government may apply strict rules and/or requirements around the sale and distribution of tickets to specific “major sporting events”. Major sporting events are subject to “ticketing schemes”. Any sale of tickets to the event that is not in accordance with the scheme, will be prohibited. The ticketing scheme can include a condition prohibiting or restricting the sale or distribution of tickets to the event.

For more information, see Part 9 of the Major Sporting Events Act 2009 or the Sport and Recreation Victoria website.

Queensland

The Queensland Government has declared each of the following to be a major sports facility. It is unlawful to on-sell, offer for sale, or purchase a ticket to any event staged at one of these facilities at a price greater than 10% above the original ticket price.

Additionally, the Governor in Counsel may prescribe an event to be a “major event”. Where an event has been declared a major event, tickets cannot be offered for sale for a price that is more than 10% of the original price of the ticket.

For more information, see part 4A of the Major Sports Facilities Act 2001 or visit the Stadiums Queensland website.

Australian Capital Territory

The ACT government prohibits scalping of tickets to any event declared as a "major event". It is unlawful to on-sell (or offer for sale) tickets above their original sale price unless you have been given written permission to do so by the event organiser.

If it comes to your attention that the event to which you are selling a ticket may be declared a major event, you must take reasonable steps to notify a purchaser that these restrictions will apply to the event.

For more information, see the Major Events Act 2014.

South Australia

The South Australian government prohibits the resale of tickets to any event (sporting or concert) declared as a "major event". It is unlawful to on-sell (or offer for sale) a ticket to any "major event" at a price which exceeds the original ticket price by more than 10%, unless you have been given written approval to do so by the event organiser.

For more information, see the Major Events Act 2013.

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