Fair Trading (Ticket Scalping) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 4, line 21 [clause 4, inserted section 37E(3)]—Delete '$0' and substitute:

taken to be an amount determined by the authorised seller of the ticket as the recommended retail price of the ticket

No. 2. Clause 4, page 4, after line 21 [clause 4, inserted section 37E]—After subsection (3) insert:

(4) In any proceedings, an apparently genuine certificate purporting to be signed by the Commissioner and certifying as to the recommended retail price of a ticket determined by an authorised seller for the purposes of subsection (3) is, in the absence of proof to the contrary, proof of the matter so certified.

No. 3. Clause 4, page 6, after line 7—After inserted section 37I insert:

37IA—Defence for certain ticket sales

(1) It is a defence to a charge of an offence against this Division involving the sale or supply, or an advertisement for the sale or supply, of a ticket if the defendant proves—

(a) that the ticket was or was advertised to be (as the case may require) sold or supplied as a fundraiser for approved purposes; and

(b) the whole of the net proceeds of the sale or supply of the ticket were, or were to be, applied for the approved purposes.

(2) For the purposes of subsection (1)—

(a) the following are approved purposes:

(i) a religious, educational, charitable or benevolent purpose;

(ii) the purpose of promoting or encouraging literature, science or the arts;

(iii) the purpose of providing medical treatment or attention, or promoting the interests of persons who have a particular physical, mental or intellectual disability;

(iv) the purpose of establishing, carrying on or improving a community centre, or promoting the interests of a local community or a particular section of a local community;

(v) the purpose of sport, recreation or amusement;

(vi) the purpose of promoting animal welfare;

(vii) the purpose of conserving resources or preserving any part of the environmental, historical or cultural heritage of the State;

(viii) the purpose of promoting the interests of students or staff of an educational institution;

(ix) a political purpose;

(x) the purpose of promoting the common interests of persons who are engaged in, or interested in, a particular business, trade or industry; and

(b) the net proceeds of the sale or supply of a ticket are the gross proceeds of the sale or supply less the expenses incurred in conducting the sale or supply.

No. 4. Clause 4, page 7, after line 29—After inserted Part 4A Division 4 insert:

Division 5—Review of Part

37M—Review of Part

(1) The Minister must cause a review of the operation of this Part to be conducted not before 18 months, and not later than 2 years, following the commencement of this Division.

(2) The review must be completed, and a report on the results of the review provided to the Minister, within 3 years following the commencement of this Division.

(3) The Minister must, within 12 sitting days after receipt of the report, cause copies of the report to be laid before each House of Parliament.

Consideration in committee.

The Hon. V.A. CHAPMAN: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.