Ticket scalping and resale laws across Australia.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.

Popular shows sell out fast, and tickets reappear on resale sites at a markup within minutes. Several states have moved to limit that. The rules are not uniform. Some apply to every event, some only to declared major events, and two places have no cap at all. For a promoter, venue or artist selling tickets, and for a fan buying them, it helps to know which rule applies.

What is ticket scalping?

Ticket scalping is reselling a ticket for more than its original price to make a profit. The practice is old. What changed is the scale, because software can buy large numbers of tickets the moment they go on sale and list them for resale straight away. The response in Australia has been a mix of state price caps, bans on that software, and the general consumer law that applies to any misleading sale.

Is ticket scalping illegal in Australia?

There is no single national ban. Ticket resale is regulated state by state, and the position ranges from a firm cap to nothing specific at all. New South Wales, Victoria, Queensland, South Australia and Western Australia each limit resale to about 10 per cent above the original cost, though the way each does it differs. The Northern Territory and Tasmania have no specific resale protections. Across all of it sits the Australian Consumer Law, which reaches misleading or deceptive resale conduct wherever it happens.

The 10 per cent cap: how it works

The common feature is a limit of about 10 per cent above the original cost. In practice that means a ticket first sold for a set price cannot be resold, or advertised for resale, for more than that price plus 10 per cent of it. The 10 per cent is meant to cover the reasonable transaction costs of the first purchase, such as booking fees and delivery, not a profit margin. Sell above the cap and you commit an offence in the states that have one.

New South Wales

New South Wales has the broadest scheme. The Fair Trading Act 1987 (NSW) makes it an offence to resell, or advertise for resale, a ticket to an event for more than the original cost plus 10 per cent. The cap applies to events generally, not only to declared major events. The Act also requires a resale advertisement to disclose the original price and enough detail to identify the seat or ticket, and it bans the use of software that buys tickets in bulk to get around purchase limits. Penalties run to tens of thousands of dollars for an individual and more for a corporation.

Victoria and Queensland

Victoria and Queensland take a narrower path. In Victoria the Major Events Act 2009 (Vic) caps resale at 10 per cent above face value, but only once an event has been formally declared a major event, which usually happens at the organiser's request. Queensland works in a similar way, with resale limits tied to declared events and to particular venues. So in these states the cap does not attach to every show. It depends on whether the event has been brought within the scheme.

South Australia and Western Australia

South Australia and Western Australia also have resale limits set at about 10 per cent above the original price, again with their own conditions on which events and venues are covered. The detail differs, but the shape is the same: a cap on the resale price, and offences for advertising or selling above it. Anyone selling tickets across more than one state should check the rule in each, because an arrangement that is lawful in one place can breach the cap in another.

The places with no cap

Not every jurisdiction has a cap. The Northern Territory and Tasmania have no specific ticket-resale price limit. The Australian Capital Territory does not have a dedicated resale cap of the New South Wales kind either. In those places the resale price is not fixed by a special law. That does not mean anything goes, because the Australian Consumer Law still applies to how tickets are advertised and sold.

What the Australian Consumer Law adds

The Australian Consumer Law operates nationally and reaches ticket resale in every state and territory. It prohibits misleading or deceptive conduct and false representations in trade. For resale that covers sites and sellers that hide the fact a ticket is being resold, that fail to disclose fees until late in the purchase, or that suggest a sale is official when it is not. The Federal Court has penalised a major international resale platform for misleading Australian consumers in this way. So even where there is no price cap, a reseller cannot mislead the buyer about price, seat, or who they are dealing with.

What this means for promoters, venues and buyers

For a promoter or venue, the safe course is to set clear terms of sale, to state on the ticket and at checkout what the original price is, and to be careful with any official resale channel so it stays inside the cap that applies. For an artist or producer whose show is likely to sell out, an authorised resale or waitlist can keep fans out of the scalping market. For a buyer, the protections are real but uneven. Check whether the event is covered by a cap, keep the record of what you paid, and treat a resale price far above face value as a warning sign. If a resale sale was misleading, the Australian Consumer Law may give a remedy even where no cap applies.

Frequently asked.

Is ticket scalping illegal in Australia?

There is no single national ban. New South Wales, Victoria, Queensland, South Australia and Western Australia cap resale at about 10 per cent above the original cost, with different triggers. The Northern Territory and Tasmania have no cap. The Australian Consumer Law applies everywhere to misleading resale conduct.

How much can I resell a ticket for in New South Wales?

Under the Fair Trading Act 1987 (NSW), no more than the original cost plus 10 per cent. A resale advertisement must disclose the original price and enough detail to identify the seat or ticket, and software used to buy tickets in bulk to beat purchase limits is banned.

Do the resale caps apply to every event?

Not always. New South Wales applies its cap to events generally. Victoria and Queensland apply their caps to declared events or particular venues, so the event has to be brought within the scheme before the cap bites.

Is there a ticket-resale cap in the ACT, Northern Territory or Tasmania?

No. None of these places has a dedicated resale price cap of the New South Wales kind. The general Australian Consumer Law still applies to misleading or deceptive resale conduct in those places.

Can a ticket-resale website be penalised?

Yes. The Australian Consumer Law prohibits misleading or deceptive conduct, and the Federal Court has penalised a major international resale platform for misleading Australian buyers about price and about who they were dealing with.

Are ticket-buying bots illegal?

In New South Wales the Fair Trading Act 1987 (NSW) bans the use of software to buy tickets in bulk to get around purchase limits. The position in other states varies, and the Australian Consumer Law can also reach conduct that misleads buyers.

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 15 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.

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