Yes, scalping tickets is legal in Australia but heavily regulated under state-based laws and the Competition and Consumer Act 2010 (Cwlth). Secondary ticketing platforms must comply with the Australian Competition and Consumer Commission (ACCC) guidelines, which prohibit misleading conduct and require transparent pricing. Recent 2026 amendments to the Fair Trading Act 1987 (NSW) and Australian Consumer Law impose stricter penalties for deceptive scalping practices, including fines up to $1.1 million for corporations. While resale is permitted, scalpers cannot exploit artificial scarcity or misrepresent ticket authenticity.
Key Regulations for Scalping Tickets in Australia
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State-Based Licensing: Victoria, New South Wales, and Queensland require secondary ticketing platforms (e.g., Ticketek Resale, Ticketmaster Resale) to hold an Australian Consumer Law (ACL) compliance certificate, enforced by local fair trading agencies. Unlicensed resale may incur penalties under the Fair Trading Act 1987 (NSW) or Australian Consumer Law and Fair Trading Act 2012 (Vic).
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Price Transparency Mandates: The ACL prohibits hidden fees or dynamic pricing that obscures the final ticket cost. Platforms must display the original face value, resale price, and all additional charges upfront, as per the Competition and Consumer (Industry Codes—Ticket Selling) Regulations 2022.
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Anti-Scalping Provisions: Some jurisdictions, like South Australia under the Fair Trading Act 1987 (SA), cap resale prices at 10% above face value for major events (e.g., AFL, music festivals). Violations trigger infringement notices or court-ordered bans for repeat offenders.