Entertainment & Arts Law · Consumer Law, Ticketing & Events
Australian Consumer Law for events and ticketing.
The Australian Consumer Law reaches every ticket sale and event. Here is what it requires on refunds, cancellations, resale and fine print.
By Aaron Kernaghan · Brady & Associates Lawyers · 13 September 2026
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.
The Australian Consumer Law, in Schedule 2 of the Competition and Consumer Act 2010 (Cth), applies to businesses that sell tickets and run events. It prohibits misleading or deceptive conduct, provides consumer guarantees, and regulates unfair contract terms. Event organisers, ticketing agents and venues all have to comply.
When a ticketed event is cancelled, or is materially different from what was promised, consumer guarantees under the Australian Consumer Law can entitle the buyer to a remedy, including a refund, regardless of a no refunds sign. Separately, ticket resale, or scalping, is capped in several states, for example at the original price plus 10 per cent in New South Wales.
Misleading or deceptive conduct
Section 18 of the Australian Consumer Law prohibits conduct in trade or commerce that is misleading or deceptive, or likely to mislead or deceive. In events, that reaches promotion and advertising: headline acts that are not confirmed, drip pricing where fees are hidden until checkout, and claims about what a ticket includes. The test is the overall impression created, not just the literal words.
Consumer guarantees and refunds
Services sold to consumers come with guarantees, including that they will be provided with due care and skill and will match their description. A live event is a service. If the event is cancelled, or is not what was promised, the consumer guarantees can give the buyer a right to a remedy. For a major failure, the consumer can choose a refund.
Why no refunds signs fail
A sign or term saying no refunds does not remove the consumer guarantees. Businesses cannot contract out of them. A no refunds statement can itself be misleading if it suggests consumers have no rights when the law says they do. Refund policies can deal with change of mind, but not with the statutory guarantees.
Cancelled, postponed or changed events
Where an event is cancelled, consumers are generally entitled to a refund. Where it is postponed or significantly changed, for example a headline act withdraws, the position depends on how material the change is and what the buyer was promised. Clear terms, and prompt, fair handling of cancellations, reduce both complaints and regulator interest.
Ticket resale and scalping
Several states cap ticket resale. In New South Wales, under the Fair Trading Act 1987, a ticket generally cannot be resold or advertised for more than the original price plus a 10 per cent margin, with significant penalties for breach. South Australia has a similar cap, and Victoria restricts resale of tickets to declared major events. Organisers can also use terms of sale to limit transfer, within the law.
Unfair contract terms
Ticket terms and hire agreements are often standard-form contracts. The unfair contract terms regime applies to standard-form consumer and small business contracts, and since November 2023 a term found to be unfair can attract civil penalties, not merely be treated as void. Terms allowing an organiser to change or cancel at will, while denying the consumer any remedy, are the kind that attract scrutiny.
Frequently asked.
Can a venue say no refunds and mean it?
Not in a way that removes the consumer guarantees. A no refunds sign does not override the Australian Consumer Law, and can itself mislead consumers about their rights. It can apply to change of mind, not to statutory guarantees.
Do ticket buyers get a refund if a show is cancelled?
Generally yes. Cancellation is usually a major failure of the service, and the consumer guarantees can entitle the buyer to a refund.
Is ticket scalping illegal in Australia?
It is restricted in several states. In New South Wales a ticket generally cannot be resold for more than the original price plus 10 per cent. South Australia and Victoria have their own restrictions.
What is drip pricing?
Advertising a low headline price and adding fees only later in the process. It can be misleading conduct under section 18 of the Australian Consumer Law.
Do unfair contract term rules apply to ticket terms?
Yes, where the terms are in a standard-form consumer or small business contract. Since November 2023 unfair terms can attract civil penalties.
If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 13 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.