Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Major Events Legislation Amendment (Ticket
Scalping and Other Matters) Act 2018
No. 13 of 2018
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2—Amendment of the Major Sporting Events Act 2009 3
4 Principal Act renamed 3
5 Purposes—Principal Act 3
6 Definitions 3
7 Sports ticketing event declaration 5
8 Ticketing guidelines 5
9 Selling event tickets contrary to the ticket conditions 5
10 Sale of 5 or less tickets at a premium (scalping) 5
11 Advertising for resale of 5 or less tickets at a premium 5
12 Infringement notices, penalties and offences for this Part 6
13 Seizure of tickets 6
14 Temporary surrender of tickets by purchaser for evidentiary
purposes 8
15 Retention of tickets seized from scalper for purpose of
proceedings 8
16 New Part 9A inserted 8
17 Part 10 heading amended 21
18 New section 183A inserted 21
19 Identification of authorised officers and authorised ticketing
officers 22
20 Offence to hinder or obstruct authorised officer or authorised
ticketing officer 23
21 Offence to impersonate authorised officer or authorised
ticketing officer 23
22 New sections 186A to 186D inserted 23
23 Who can bring proceedings for offences? 27
24 New section 205B inserted 27
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Part 3—Repeal of Tourism Victoria Act 1992 and transitional
provision 28
25 Repeal of Tourism Victoria Act 1992 28
26 Tourism Victoria abolished 28
Part 4—Consequential amendments to Criminal Procedure
Act 2009 and repeal of amending Act 29
27 Criminal Procedure Act 2009 29
28 Repeal of amending Act 29
═════════════
Endnotes 30
1 General information 30
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Major Events Legislation Amendment
(Ticket Scalping and Other Matters)
Act 2018 †
No. 13 of 2018
[Assented to 15 May 2018]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to change the name of the Major Sporting
Events Act 2009; and
Victoria
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Part 1—Preliminary
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(b) to amend the Major Sporting Events
Act 2009 to provide for controlling the
secondary ticket market for major sporting
and cultural events; and
(c) to repeal the Tourism Victoria Act 1992
and make transitional arrangements.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 23 October 2018, it comes into
operation on that day.
3 Principal Act
In this Act, the Major Sporting Events Act 2009
is called the Principal Act.
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Part 2—Amendment of the Major
Sporting Events Act 2009
4 Principal Act renamed
In the title to the Major Sporting Events
Act 2009 omit "Sporting".
5 Purposes—Principal Act
After section 1(a) of the Principal Act insert—
"(ab) to provide for controlling the secondary
ticket market for major sporting and cultural
events;".
6 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions—
"authorised ticketing officer means a person
appointed as an authorised ticketing officer
under section 183A;
major event ticketing declaration means a
declaration made under section 182C;
ticketed event means—
(a) an event, or a series of events, to which
persons are admitted on payment of
a fee or charge, or after making a
donation, to view the event or enter
the place of that event and includes
theatre productions, concerts, gallery
exhibitions and festivals; or
(b) a sports event;
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ticketed event organiser, in Part 9A, means a
person—
(a) who is responsible (whether fully or
substantially) for—
(i) the organisation and holding of a
ticketed event; and
(ii) the receipt of revenue from the
ticketed event; or
(b) to whom an order under subsection
(2A) applies;".
(2) In section 3(1) of the Principal Act—
(a) in the definition of event organiser, after
"Part 9" insert "or 9A";
(b) in the definition of sports event omit
", in Part 9,".
(3) After section 3(2) of the Principal Act insert—
"(2A) For the purposes of the definition of ticketed
event organiser, the Minister, by order
published in the Government Gazette,
may declare a person to be a ticketed event
organiser if the Minister is of the opinion
that, for a particular ticketed event, the
person is responsible (whether fully or
substantially) for—
(a) the organisation and holding of the
ticketed event; and
(b) the receipt of revenue from the ticketed
event.".
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7 Sports ticketing event declaration
After section 152(2) of the Principal Act insert—
"(2A) The Minister must not make a sports
ticketing event declaration for a sports
event if a major event ticketing declaration
in respect of that event is in effect.".
8 Ticketing guidelines
In section 163(2)(c) of the Principal Act, for
"printed" substitute "displayed".
9 Selling event tickets contrary to the ticket conditions
In section 166(1)(a) and (b) of the Principal Act,
for "printed" substitute "displayed".
10 Sale of 5 or less tickets at a premium (scalping)
(1) In section 166A(1) of the Principal Act, for
"printed" substitute "displayed".
(2) For section 166A(1)(b) of the Principal Act
substitute—
"(b) at a price that—
(i) in the case of more than one ticket
being sold, exceeds the combined face
value purchase price of all those tickets
by more than 10%; or
(ii) in the case of one ticket being sold,
exceeds its face value purchase price
by more than 10%.".
11 Advertising for resale of 5 or less tickets at a
premium
(1) In section 166B(1) of the Principal Act, for
"printed" substitute "displayed".
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(2) For section 166B(1)(b) of the Principal Act
substitute—
"(b) at a price that—
(i) in the case of more than one ticket
being sold, exceeds the combined face
value purchase price of all those tickets
by more than 10%; or
(ii) in the case of one ticket being sold,
exceeds its face value purchase price
by more than 10%.".
12 Infringement notices, penalties and offences for
this Part
In section 167A(1) of the Principal Act—
(a) after "A police officer" insert "or an
authorised ticketing officer";
(b) after "the police officer" insert "or the
authorised ticketing officer".
13 Seizure of tickets
(1) In section 167B(1) and (2) of the Principal Act—
(a) after "a police officer" insert "or an
authorised ticketing officer";
(b) after "the police officer" insert "or the
authorised ticketing officer".
(2) For section 167B(3) of the Principal Act
substitute—
"(3) Before a police officer or an authorised
ticketing officer seizes tickets under
subsection (1) or (2), the officer must—
(a) inform the person of—
(i) in the case of a police officer, the
officer's name, rank and place of
duty; or
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(ii) in the case of an authorised
ticketing officer, the officer's
name and that the officer is an
authorised ticketing officer for
the purposes of this Act; and
(b) if requested by the person, provide the
information referred to in paragraph (a)
in writing; and
(c) produce the officer's identification for
inspection by the person, unless the
officer is a police officer and is in
uniform; and
(d) inform the person of the intended
seizure and the officer's power to
seize tickets under this section.".
(3) In section 167B(4) of the Principal Act—
(a) after "A police officer" insert "or an
authorised ticketing officer";
(b) after "the police officer" insert "or the
authorised ticketing officer".
(4) In section 167B(5) of the Principal Act—
(a) after "a police officer" insert "or an
authorised ticketing officer";
(b) after "the police officer" insert "or the
authorised ticketing officer".
(5) In section 167B(5)(b) of the Principal Act, after
"the police officer" insert "or the authorised
ticketing officer".
(6) In section 167B(5)(c) of the Principal Act, after
"the police officer" insert ", or the name of the
authorised ticketing officer,".
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14 Temporary surrender of tickets by purchaser for
evidentiary purposes
(1) In section 167C(1) of the Principal Act—
(a) after "A police officer" insert "or an
authorised ticketing officer";
(b) after "the police officer" insert "or the
authorised ticketing officer".
(2) In section 167C(2) of the Principal Act, after
"the police officer" insert "or the authorised
ticketing officer".
15 Retention of tickets seized from scalper for purpose
of proceedings
(1) In the heading to section 167D of the Principal
Act, for "Police may retain" substitute
"Retention of".
(2) In section 167D of the Principal Act—
(a) after "a police officer" insert "or an
authorised ticketing officer";
(b) after "that police officer" insert "or that
authorised ticketing officer".
16 New Part 9A inserted
After Part 9 of the Principal Act insert—
"Part 9A—Major event ticketing
182A Notice of intention to make a major event
ticketing declaration
(1) If the Minister intends to make a major event
ticketing declaration in respect of a ticketed
event, the Minister must give written notice
to the ticketed event organiser.
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(2) A notice under subsection (1) must—
(a) specify whether the proposed major
event ticketing declaration will apply
to—
(i) the holding of the ticketed event
on a particular occasion only; or
(ii) the holding of the ticketed event
generally, regardless of when or
how often the event is held, until
the major event ticketing
declaration is revoked; and
(b) state that, within 14 days after receiving
the notice, the ticketed event organiser
may give a written submission to the
Minister on whether a declaration
should be made in respect of the
ticketed event.
182B Request for a major event ticketing
declaration
(1) A ticketed event organiser may request
the Minister make a major event ticketing
declaration in respect of a ticketed event.
(2) The request made by the ticketed event
organiser must be in the form determined
by the Minister.
182C Major event ticketing declaration
(1) The Minister must make the major event
ticketing declaration, or decide not to make
the major event ticketing declaration, within
14 days of—
(a) the end of the period for giving
the Minister a submission under
section 182A; or
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(b) the Minister receiving a request under
section 182B.
(2) In making a decision under subsection (1),
the Minister—
(a) may consider the ticketed event
organiser's submission (if any); and
(b) may consider the ticketed event
organiser's request (if any); and
(c) must consider whether the ticketed
event is major, having regard to the
likely number of attendees for the
event—
(i) on a particular occasion only; or
(ii) over the duration of the event; and
(d) may consider any other matters the
Minister considers appropriate.
(3) The Minister must not make a major event
ticketing declaration for a ticketed event if a
sports ticketing event declaration in respect
of that event is in effect.
(4) The Minister must notify the ticketed event
organiser of the Minister's decision under
subsection (1).
(5) If the Minister makes a major event ticketing
declaration, the major event ticketing
declaration must specify whether it applies
to—
(a) the holding of the ticketed event on a
particular occasion only; or
(b) the holding of the ticketed event
generally, regardless of when or how
often the event is held, until the major
event ticketing declaration is revoked.
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(6) The Minister must ensure that a copy of
the major event ticketing declaration is
published in the Government Gazette.
(7) A major event ticketing declaration applies
to the holding of the ticketed event to which
it applies, regardless of whether the ticketed
event organiser changes.
182D Minister may revoke major event
ticketing declaration
(1) The Minister may revoke a major event
ticketing declaration if the Minister considers
it is appropriate to do so, whether the major
event ticketing declaration applies to—
(a) the holding of the ticketed event on a
particular occasion only; or
(b) the holding of the ticketed event
generally, regardless of when or how
often the event is held.
(2) A revocation under subsection (1) must be in
writing.
(3) As soon as practicable after a major event
ticketing declaration is revoked, the Minister
must ensure that a copy of the revocation
is—
(a) given to the ticketed event organiser;
and
(b) published in the Government Gazette.
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182E Price to be displayed on tickets
A ticketed event organiser must ensure that a
ticket for a ticketed event has the face value
purchase price displayed on the ticket if a
major event ticketing declaration has been
made in respect of that event.
Penalty: 60 penalty units, in the case of a
natural person;
300 penalty units, in the case of a
body corporate.
182F Ticket scalping (6 or more tickets)
(1) A person who is not authorised to do so
by the ticketed event organiser must not,
without reasonable excuse, knowingly sell
tickets for a ticketed event for which a major
event ticketing declaration has been made if
the sale is—
(a) of 6 or more tickets; and
(b) at a price that exceeds the combined
face value purchase price of all those
tickets by more than 10%.
Penalty: 60 penalty units, in the case of a
natural person;
300 penalty units, in the case of a
body corporate.
(2) A person who is not authorised to do so
by the ticketed event organiser must not,
without reasonable excuse, knowingly
advertise or offer for resale tickets for a
ticketed event for which a major event
ticketing declaration has been made if the
advertisement or offering for resale is—
(a) for 6 or more tickets; and
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(b) at a price that exceeds the combined
face value purchase price of all those
tickets by more than 10%.
Penalty: 60 penalty units, in the case of a
natural person;
300 penalty units, in the case of a
body corporate.
(3) If a person is guilty of more than one offence
against subsection (1) or (2) in respect of a
particular ticketed event held on a particular
day, the total fine payable by the person for
those offences must not exceed—
(a) 600 penalty units in the case of a
natural person; or
(b) 3000 penalty units in the case of a
body corporate.
182G Ticket scalping (5 or less tickets)
(1) A person who is not authorised to do so by
the ticketed event organiser must not sell
tickets for a ticketed event for which a major
event ticketing declaration has been made if
the sale is—
(a) of 5 or less tickets; and
(b) at a price that—
(i) in the case of more than one ticket
being sold, exceeds the combined
face value purchase price of all
those tickets by more than 10%; or
(ii) in the case of one ticket being
sold, exceeds its face value
purchase price by more than 10%.
Penalty: 30 penalty units.
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(2) A person who is not authorised to do so
by the ticketed event organiser must not
advertise or offer for resale tickets for a
ticketed event for which a major event
ticketing declaration has been made if the
advertisement or offering for resale is—
(a) for 5 or less tickets; and
(b) at a price that—
(i) in the case of more than one ticket
being sold, exceeds the combined
face value purchase price of all
those tickets by more than 10%; or
(ii) in the case of one ticket being
sold, exceeds its face value
purchase price by more than 10%.
Penalty: 30 penalty units.
182H Who can commence proceedings for
offences against this Part?
(1) A proceeding for an offence against this Part
may be commenced by—
(a) the Secretary; or
(b) a person authorised in writing by the
Secretary for the purposes of this
section; or
(c) the Director of Public Prosecutions; or
(d) a police officer.
(2) A proceeding commenced under subsection
(1) may be taken over and continued at any
time by any other person authorised by
subsection (1) to commence proceedings.
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(3) In a proceeding for an offence against this
Part, it must be presumed, in the absence
of evidence to the contrary, that the person
commencing the proceeding was authorised
to commence the proceeding.
182I Infringement notices, penalties and
offences for this Part
(1) A police officer or an authorised ticketing
officer may serve an infringement notice
on a person who the police officer or the
authorised ticketing officer has reason to
believe has committed an offence against
section 182G(1) or (2).
(2) An offence referred to in subsection (1)
for which an infringement notice may be
served is an infringement offence within the
meaning of the Infringements Act 2006.
(3) The infringement penalty for an offence
against section 182G(1) or (2) is 5 penalty
units.
(4) For the purposes of this section, an
infringement notice—
(a) must be in the form required by
section 13 of the Infringements
Act 2006; and
(b) must also state that payment of
the infringement penalty for the
infringement offence will result in
the forfeiture of any ticket to which
the infringement offence relates.
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182J Seizure of tickets
(1) Subject to the requirements of this section,
if a police officer or an authorised ticketing
officer believes on reasonable grounds that
a person has committed, is committing or is
about to commit an offence against section
182F(1) or (2) or 182G(1) or (2), the police
officer or the authorised ticketing officer
may seize any tickets to which the offence
relates from a person who allegedly has
committed, is committing or is about to
commit the applicable offence (a scalper).
(2) Subject to the requirements of this section,
if a police officer or an authorised ticketing
officer serves an infringement notice on a
person for an infringement offence against
section 182G(1) or (2), the police officer or
the authorised ticketing officer may seize
any tickets to which the offence relates from
a scalper.
(3) Before a police officer or an authorised
ticketing officer seizes tickets under
subsection (1) or (2), the officer must—
(a) inform the person of—
(i) in the case of a police officer, the
officer's name, rank and place of
duty; or
(ii) in the case of an authorised
ticketing officer, the officer's
name and that the officer is an
authorised ticketing officer for
the purposes of this Act; and
(b) if requested by the person, provide the
information referred to in paragraph (a)
in writing; and
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(c) produce the officer's identification for
inspection by the person, unless the
officer is a police officer and is in
uniform; and
(d) inform the person of the intended
seizure and the officer's power to
seize tickets under this section.
(4) A police officer or an authorised ticketing
officer is not required to comply with
subsection (3) if the police officer or the
authorised ticketing officer believes on
reasonable grounds that it is impracticable
to do so.
(5) If a police officer or an authorised ticketing
officer seizes any tickets under this section
from a scalper, the police officer or the
authorised ticketing officer must give that
person a written receipt for the tickets seized
indicating—
(a) the details of the tickets seized; and
(b) the date and time that the police officer
or the authorised ticketing officer took
possession of the tickets; and
(c) the name and rank of the police officer,
or the name of the authorised ticketing
officer, who seized the tickets.
(6) A receipt referred to in subsection (5) must
be given—
(a) if possible, immediately; or
(b) if it is not possible to do so
immediately, as soon as is
reasonably practicable.
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182K Temporary surrender of tickets by
purchaser for evidentiary purposes
(1) A police officer or an authorised ticketing
officer may request that a person who
purchased, is purchasing or is about to
purchase a ticket (a purchaser) from a
person who allegedly has committed, is
committing or is about to commit an offence
against section 182F(1) or (2) or 182G(1) or
(2) to surrender the ticket for inspection by
the police officer or the authorised ticketing
officer.
(2) If a purchaser surrenders a ticket under
subsection (1), the police officer or the
authorised ticketing officer—
(a) may arrange for a photograph or other
image or recording of the ticket to be
made; and
(b) must record the details of the ticket and
its surrender; and
(c) may ask for the purchaser's name and
address; and
(d) must return the ticket to the purchaser
as soon as the applicable requirements
of paragraphs (a) to (c) have been met.
182L Retention of tickets seized from scalper
for purpose of proceedings
Without limiting any other power in relation
to a proceeding for an offence, including the
enforcement of an infringement offence, if
a police officer or an authorised ticketing
officer seizes any ticket under section 182J
from a scalper, that police officer or that
authorised ticketing officer—
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(a) may retain the ticket for the purposes
of—
(i) any proceedings for an offence
against section 182F(1) or (2)
or 182G(1) or (2); or
(ii) enforcement of an infringement
offence against section 182G(1)
or (2); and
(b) must otherwise deal with that ticket in
accordance with law.
182M Application by scalper to Magistrates'
Court for return of tickets
(1) A person referred to in section 182J(1) or (2)
from whom any ticket has been seized under
section 182J may apply to the Magistrates'
Court for the return of that ticket.
(2) An application under subsection (1) may be
made at any time after the seizure, but must
not be made if—
(a) any proceedings for an offence against
section 182F(1) or (2) or 182G(1) or (2)
have been commenced and are ongoing
in respect of that seized ticket; or
(b) the person on whom an infringement
notice has been served for an
infringement offence against
section 182G(1) or (2) has expiated
that offence by payment of the
infringement penalty in accordance
with the Infringements Act 2006.
(3) On an application under subsection (1),
the Magistrates' Court may make any of the
following orders or any combination of those
orders—
(a) an order for the return of the ticket;
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(b) an order for the return of the ticket
subject to any specified conditions;
(c) any other order it considers appropriate.
182N Forfeiture to the Crown
(1) If a person is found guilty of an offence
against section 182F(1) or (2) or 182G(1)
or (2), any ticket to which the offence relates
which has been seized under section 182J is
taken to be forfeited to the Crown.
(2) Despite anything to the contrary in
Division 5 of Part 2 of the Infringements
Act 2006, if a person on whom an
infringement notice has been served for
an infringement offence against section
182G(1) or (2) expiates that offence by
payment of the infringement penalty in
accordance with that Act, any ticket to
which the infringement offence relates
which has been seized under section 182J
is taken to be forfeited to the Crown.
(3) The Minister may direct that any tickets
forfeited to the Crown under this section be
disposed of in any manner that the Minister
thinks fit, including destruction.
182O VCAT review of certain decisions
(1) A ticketed event organiser may apply to
VCAT for review of the Minister's decision
under section 182C to make a major event
ticketing declaration.
(2) An application for review must be made
within 28 days after the later of—
(a) the day on which the ticketed
event organiser receives notice
of the decision; or
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(b) if the ticketed event organiser requests
a statement of reasons for the decision
under the Victorian Civil and
Administrative Tribunal Act 1998,
the day on which the ticketed event
organiser is given the statement or
informed under section 46(5) of that
Act that the statement will not be
given.".
17 Part 10 heading amended
In the heading to Part 10 of the Principal Act, after
"Authorised officers" insert "and authorised
ticketing officers".
18 New section 183A inserted
After section 183 of the Principal Act insert—
"183A Appointment of authorised ticketing
officers
(1) The Secretary may appoint a person
employed under Part 3 of the Public
Administration Act 2004 to be an
authorised ticketing officer, for the
purposes of Parts 9 and 9A, if—
(a) the person is a person who the
Secretary believes has the appropriate
skills, knowledge or experience to be
appointed as an authorised ticketing
officer; or
(b) the person is a member of a class of
person appropriate to be appointed as
an authorised ticketing officer.
(2) An appointment under subsection (1)—
(a) must be in writing; and
(b) must specify the terms and conditions
on which the person is appointed; and
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Part 2—Amendment of the Major Sporting Events Act 2009
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Authorised by the Chief Parliamentary Counsel
(c) may specify the sports event subject
to a sports ticketing event declaration
in respect of which the person may
exercise powers, functions or duties
as an authorised ticketing officer; and
(d) may specify the particular ticketed
event subject to a major event ticketing
declaration in respect of which the
person may exercise powers, functions
or duties as an authorised ticketing
officer; and
(e) may be subject to any conditions
that the Secretary considers to be
appropriate.
(3) The Secretary may require an authorised
ticketing officer appointed under this
section to undertake specified training
before exercising any powers, functions
or duties under this Act.".
19 Identification of authorised officers and authorised
ticketing officers
(1) In the heading to section 184 of the Principal
Act, after "authorised officers" insert
"and authorised ticketing officers".
(2) In section 184(1) of the Principal Act, after
"an authorised officer" insert "or an authorised
ticketing officer".
(3) For section 184(1)(c) of the Principal Act
substitute—
"(c) states that the person is—
(i) an authorised officer for the
purposes of this Act or a specified
Part or provisions of this Act; or
(ii) an authorised ticketing officer for
the purposes of this Act.".
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Authorised by the Chief Parliamentary Counsel
(4) In section 184(2) of the Principal Act, after
"An authorised officer" insert "or an authorised
ticketing officer".
(5) In section 184(3) of the Principal Act, after
"an authorised officer" (where twice occurring)
insert "or an authorised ticketing officer".
(6) In section 184(4) of the Principal Act, after
"an authorised officer" insert "or an authorised
ticketing officer".
20 Offence to hinder or obstruct authorised officer or
authorised ticketing officer
(1) In the heading to section 185 of the Principal Act,
after "authorised officer" insert "or authorised
ticketing officer".
(2) In section 185 of the Principal Act, after
"an authorised officer" insert "or an authorised
ticketing officer".
21 Offence to impersonate authorised officer or
authorised ticketing officer
(1) In the heading to section 186 of the Principal Act,
after "authorised officer" insert "or authorised
ticketing officer".
(2) In section 186 of the Principal Act, after
"an authorised officer" insert "or an authorised
ticketing officer".
22 New sections 186A to 186D inserted
After section 186 of the Principal Act insert—
"186A Power of authorised ticketing officer to
require name and address
(1) An authorised ticketing officer may require a
person to give the person's name and address
to the authorised ticketing officer if the
authorised ticketing officer believes on
reasonable grounds that the person has
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Authorised by the Chief Parliamentary Counsel
committed an offence against section 166,
166A, 166B, 182F(1), 182F(2), 182G(1)
or 182G(2).
(2) Before requiring a person to give the
person's name and address, an authorised
ticketing officer must—
(a) produce the authorised ticketing
officer's identity card; and
(b) inform the person that the authorised
ticketing officer believes that the
person has committed an offence
against section 166, 166A, 166B,
182F(1), 182F(2), 182G(1) or 182G(2)
(as the case requires); and
(c) inform the person that it is an offence
against this Act—
(i) to fail or refuse to give the
person's name and address to
an authorised ticketing officer
when directed to do so; or
(ii) to give a false or misleading
name and address to an authorised
ticketing officer.
186B Requirement to produce evidence of name
and address to authorised ticketing officer
(1) If a person gives a name and address in
response to a request made under section
186A(1) and the authorised ticketing officer
believes on reasonable grounds that the name
or the address may be false, the authorised
ticketing officer may request the person to
produce evidence of the person's name and
address.
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Authorised by the Chief Parliamentary Counsel
(2) A person must comply with a request
under subsection (1) unless the person
has a reasonable excuse not to do so.
Penalty: 5 penalty units.
186C Refusal to give name and address to
authorised ticketing officer
(1) A person must not fail or refuse to give the
person's name and address to an authorised
ticketing officer when required to do so
under section 186A.
Penalty: 5 penalty units.
(2) A person must not give a false or misleading
name and address to an authorised ticketing
officer when required to give the person's
name and address under section 186A.
Penalty: 5 penalty units.
186D Disclosure of information by authorised
ticketing officer
(1) An authorised ticketing officer must not
disclose any information obtained during
the course of the authorised ticketing
officer's duties or the exercise of a power
under section 186A or 186B except as
authorised under this section.
Penalty: 50 penalty units.
(2) An authorised ticketing officer is authorised
and may disclose information obtained in
the course of the authorised ticketing
officer's duties or the exercise of a power
under section 186A or 186B—
(a) if the authorised ticketing officer
reasonably believes that the disclosure
is necessary—
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Authorised by the Chief Parliamentary Counsel
(i) for or in connection with the
administration of this Act; or
(ii) to assist a relevant person or the
authorised ticketing officer to
exercise a power, or perform a
duty or function, under this Act
or the regulations made under this
Act; or
(b) in the following circumstances—
(i) for the purposes of any legal
proceedings arising out of this
Act;
(ii) for the purposes of any other
legal proceedings;
(iii) to a court or tribunal in the
course of legal proceedings;
(iv) pursuant to an order of a court
or tribunal;
(v) to the extent reasonably required
for any other law enforcement
purposes;
(vi) with the written authority of the
Secretary;
(vii) with the written authority of the
person to whom the information
relates.
(3) In this section—
relevant person means—
(a) the Secretary; or
(b) a person authorised under section
167(1)(b) or 182H(1)(b); or
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Authorised by the Chief Parliamentary Counsel
(c) a person authorised to commence a
proceeding under section 188(1)(b)
or (d); or
(d) the Director of Public Prosecutions; or
(e) a police officer.".
23 Who can bring proceedings for offences?
In section 188(1) of the Principal Act, for "Part 9,
may be brought" substitute "Part 9 or 9A, may be
commenced".
24 New section 205B inserted
After section 205A of the Principal Act insert—
"205B Major Events Legislation Amendment
(Ticket Scalping and Other Matters)
Act 2018—transitional provision
Any reference to the Major Sporting
Events Act 2009 in any Act, subordinate
instrument, agreement or other document,
so far as it relates to any period after the
commencement of section 4 of the Major
Events Legislation Amendment (Ticket
Scalping and Other Matters) Act 2018, is
to be construed as a reference to the Major
Events Act 2009, unless the contrary
intention appears.".
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Part 3—Repeal of Tourism Victoria Act 1992 and transitional provision
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Authorised by the Chief Parliamentary Counsel
Part 3—Repeal of Tourism Victoria Act 1992
and transitional provision
25 Repeal of Tourism Victoria Act 1992
The Tourism Victoria Act 1992 is repealed.
26 Tourism Victoria abolished
(1) On the repeal of the Tourism Victoria
Act 1992—
(a) Tourism Victoria is abolished and any
person appointed to be a member of Tourism
Victoria goes out of office; and
(b) all rights, assets, liabilities and obligations
of Tourism Victoria immediately before its
abolition become rights, assets, liabilities and
obligations of the Minister administering the
Major Events Act 2009; and
(c) a reference to Tourism Victoria in any
instrument or document is taken to be a
reference to that Minister so far as it relates
to any period after that repeal, unless the
context otherwise requires.
(2) In this section—
Tourism Victoria means the body corporate
established by section 3 of the Tourism
Victoria Act 1992.
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Part 4—Consequential amendments to Criminal Procedure Act 2009 and
repeal of amending Act
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Authorised by the Chief Parliamentary Counsel
Part 4—Consequential amendments to
Criminal Procedure Act 2009 and
repeal of amending Act
27 Criminal Procedure Act 2009
(1) In the heading to item 19 of Schedule 2 to the
Criminal Procedure Act 2009 omit "Sporting".
(2) In item 19.1 of Schedule 2 to the Criminal
Procedure Act 2009 omit "Sporting".
28 Repeal of amending Act
This Act is repealed on 23 October 2019.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Major Events Legislation Amendment (Ticket Scalping and Other Matters)
Act 2018
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Authorised by the Chief Parliamentary Counsel
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 28 November 2017
Legislative Council: 14 December 2017
The long title for the Bill for this Act was "A Bill for an Act to amend the
Major Sporting Events Act 2009 in relation to ticket scalping, to repeal
the Tourism Victoria Act 1992 and for other purposes."
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