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i Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018 No. of 2018 TABLE OF PROVISIONS Clause 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

Major Events Legislation Amendment (Ticket Scalping … · i Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018 . No. of 2018 . TABLE OF PROVISIONS

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i

Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018

No. of 2018

TABLE OF PROVISIONS Clause 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

Clause Page

ii

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

1

Major Events Legislation Amendment (Ticket Scalping and Other Matters)

Act 2018† No. of 2018

[Assented to ]

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

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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(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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(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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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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(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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(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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(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

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 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

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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:

Legislative Council:

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."

By Authority. Government Printer for the State of Victoria.