Major Events Legislation Amendment (Ticket Scalping and Other Matters)

Bill 2017

Introduction Print

EXPLANATORY MEMORANDUM

Clause Notes

Part 1—Preliminary

Clause 1 sets out the purposes of the Major Events Legislation Amendment (Ticket Scalping and Other Matters) Bill 2017 (the Bill)—

to change the name of the Major Sporting Events Act 2009; and

to amend the Major Sporting Events Act 2009 to provide for controlling the secondary ticket market for major sporting and cultural events; and

to repeal the Tourism Victoria Act 1992 and make transitional arrangements.

Clause 2 provides for commencement of the Bill.

Subclause (1) provides that subject to subclause (2), the Bill comes into operation on a day or days to be proclaimed.

Subclause (2) provides that if a provision of the Act does not come into operation before 23 October 2018, it comes into operation on that date.

Clause 3 provides that 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

Clause 4 renames the Major Sporting Events Act 2009 the Major Events Act 2009.

Clause 5 amends the purposes of the Principal Act providing for a new section 1(ab). The new section 1(ab) provides that a main purpose of the Principal Act is to provide for controlling the secondary ticket market for major sporting and cultural events.

Clause 6 amends section 3 of the Principal Act to provide for new definitions of major event ticketing declaration, ticketed event, ticketed event organiser and to amend the definitions of event organiser and ticketed event organiser.

Subclause (1) inserts the following definitions—

authorised ticketing officer is defined to mean a person appointed as an authorised ticketing officer under section 183A;

major event ticketing declaration is defined to mean a declaration under section 182C;

ticketed event is defined to mean 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 events such as theatre productions, concerts, gallery exhibitions and festivals, or sports events. Sports event is already defined in section 3(1);

ticketed event organiser is defined for the purposes of Part 9A to mean either a person who is responsible (whether fully or substantially) for the organisation and holding of a ticketed event and the receipt of revenue from the ticketed event or alternatively, a person to whom an order under new section 3(2A) applies.

Subclause (2)(a) amends the definition of event organiser to insert a reference to Part 9A after Part 9. This ensures that the definition of event organiser does not apply to the new Part 9A.

Subclause (2)(b) omits the reference to Part 9 in the definition of sports event so that the definition applies across the Principal Act.

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Subclause (3) inserts a new section 3(2A) which provides that 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 the holding of a particular ticketed event and the receipt of revenue from the ticketed event.

Clause 7 amends section 152 of the Principal Act by inserting a new section 152(2A) which provides that 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. The purpose of this provision is to ensure that, for a sports event, a sports ticketing event declaration and a major event ticketing declaration cannot both be in effect at the same time.

Clause 8 amends section 163(2)(c) of the Principal Act so that the ticketing guidelines, which set out the requirements for ticket scheme proposals and approved ticket schemes in Part 9, may require certain information to be displayed rather than printed on tickets to the event. This is required because of the increasing use of e-tickets.

Clause 9 amends section 166(1)(a) and (b) so that the offence of selling event tickets contrary to ticket conditions applies in circumstances where the condition is displayed, rather than printed, on the ticket. This is required because of the increasing use of e-tickets.

Clause 10 amends section 166A of the Principal Act. Current section 166A provides that it is an offence to sell 5 or less tickets to a sports ticketing event at a price above the face value purchase price without authorisation where a ticket condition under an approved ticket scheme is printed on the tickets.

Subclause (1) amends section 166A(1) to substitute the word "printed" for "displayed" because of the increasing use of e-tickets.

Subclause (2) substitutes section 166A(1)(b) so that an unauthorised person commits an offence if the price, in the case of more than one ticket being sold, exceeds the combined face value purchase price of all of those tickets by 10%, and in the case of one ticket being sold, exceeds the face value purchase

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price by more than 10%. The purpose of this amendment is to make the threshold ticket price for an offence against section 166A consistent with the new ticket scalping offences in Part 9A of the Bill.

Clause 11 amends section 166B of the Principal Act. Current section 166B provides that it is an offence to advertise or offer for resale5 or less tickets to a sports ticketing event at a price above the face value purchase price without authorisation where a ticket condition under an approved ticket scheme is printed on the tickets.

Subclause (1) amends section 166B(1) of the Principal Act to substitute the word "printed" for "displayed" because of the increasing use of e-tickets.

Subclause (2) substitutes section 166B(1)(b) so that an unauthorised person commits an offence if the price advertised or offered, in the case of more than one ticket being sold, exceeds the combined face value purchase price of all of those tickets by 10%, and in the case of one ticket being sold, exceeds the face value purchase price by more than 10%. The purpose of this amendment is to make the threshold ticket price for an offence against section 166B consistent with the new ticket scalping offences in Part 9A of the Bill.

Clause 12 amends section 167A(1) of the Principal Act so that an authorised ticketing officer may serve an infringement notice on a person who the authorised ticketing officer has reason to believe has committed an offence against section 166A or 166B of the Principal Act.

Clause 13 amends section 167B of the Principal Act. Current section 167B(1) provides that a police officer may seize any tickets to which the offence relates from a person if the police officer believes on reasonable grounds that the person has committed, is committing or is about to commit an offence against section 166, 166A or 166B. Current section 167B(2) provides that subject to the requirements of section 167B, if a police officer serves an infringement notice on a person for an infringement offence against section 166A or 166B, the police officer may seize any tickets to which the offence relates from a scalper.

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Subclause (1) amends section 167B(1) so that an authorised ticketing officer may also seize any tickets to which the offence relates from a scalper if the authorised ticketing officer believes on reasonable grounds that a person has committed, is committing or is about to commit an offence against section 166, 166A or 166B. Subclause (1) also amends section 167B(2) so that if an authorised ticketing officer serves an infringement notice on a person for an infringement offence against section 166A or 166B, the authorised ticketing officer may seize any tickets to which the offence relates from a scalper.

Subclause (2) substitutes a new section 167B(3) of the Principal Act. New section 167B(3) sets out the procedural preconditions to the exercise of the section 167B(1) and (2) seizure powers.

New subsection (3)(a) provides that before a police officer seizes tickets under section 167B(1) or (2), the police officer must inform the person of the officer's name, rank and place of duty. New subsection (3)(a) further provides that before an authorised ticketing officer seizes tickets under section 167B(1) or (2), the authorised ticketing officer must inform the person of the officer's name and that the officer is an authorised ticketing officer for the purposes of this Act.

New subsection (3)(b) provides that before a police officer or authorised ticketing officer seizes tickets under section 167B(1) or (2) of the Principal Act, the officer must, if requested by the person, provide the information referred to in section 167B(3)(a) in writing.

New subsection (3)(c) requires the police officer or authorised ticketing officer to produce the officer's identification for inspection by the person, unless the officer is a police officer and is in uniform.

New subsection (3)(d) requires the police officer or authorised ticketing officer to inform the person of the intended seizure and the officer's power to seize the tickets under section 167B.

Subclause (3) amends section 167B(4) of the Principal Act so that an authorised ticketing officer or a police officer is not required to comply with new section 167B(3) if the authorised ticketing officer or police officer believes on reasonable grounds that it is impracticable to do so.

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Subclauses (4), (5) and (6) amend section 167B(5) of the Principal Act so that if an authorised ticketing officer or a police officer seizes any tickets under section 167B of the Principal Act from a scalper, the authorised ticketing officer or police officer must give that person a written receipt for the tickets indicating the details of the tickets seized, the date and time that the authorised ticketing officer or police officer took possession of the tickets, and the name of the authorised ticketing officer or the name and rank of the police officer.

Clause 14 amends section 167C of the Principal Act.

Subclause (1) amends section 167C(1) of the Principal Act so that a police officer or an authorised ticketing officer may request that a person who has purchased, is purchasing or is about to purchase a ticket from a person who allegedly has committed, is committing or is about to commit an offence against section 166, 166A or 166B to surrender the ticket for inspection by the police officer or the authorised ticketing officer.

Subclause (2) amends section 167C(2) of the Principal Act so that if a purchaser surrenders a ticket under section 167C(1), a police officer or an authorised ticketing officer may exercise the powers and perform the duties set out in section 167C(2).

Clause 15 amends section 167D of the Principal Act so that if a police officer or authorised ticketing officer seizes any ticket under section 167B from a scalper, without limiting any other power in relation to proceedings for an offence, the officer may retain the ticket for the purposes of proceedings for an offence against section 166, 166A or 166B or the enforcement of an infringement offence against section 166A or 166B and must otherwise deal with the ticket in accordance with law.

Clause 16 inserts a new Part 9A into the Principal Act to empower the Minister to make a new class of declaration, being a major event ticketing declaration, in relation to certain major events. The effect of such a declaration is that new ticket scalping offences will apply.

New section 182A requires the Minister to provide notice of intention to make a major event ticketing declaration.

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New subsection (1) provides that 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.

New subsection (2) provides that the notice must specify—

whether it applies to the holding of the event on a single occasion or on multiple occasions until the major event ticketing declaration is revoked; and

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.

New section 182B provides that the ticketed event organiser may request the Minister make a major event ticketing declaration in respect of a ticketed event, with the request to be in the form determined by the Minister.

New section 182C contains the power to make a major event ticketing declaration.

New subsection (1) provides that the Minister must either make the declaration or decide not to make the declaration within 14 days of either the end of the period for giving the Minister a submission under new section 182A or the Minister receiving a request from a ticketed event organiser under new section 182B.

New subsection (2) provides that when making a decision under subsection (1) the Minister may consider the ticketed event organiser's submission (if any) and request (if any). The Minister must consider whether the event is major having regard to the likely number of attendees for the event, either on a particular occasion only or over the duration of the event. The Minister may consider any other matters the Minister considers appropriate.

New subsection (3) provides that 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. The purpose of this provision is to ensure that, for a sports event, a sports ticketing event declaration and a major event ticketing declaration cannot both be in effect at the same time.

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New subsection (4) provides that the Minister must notify the ticketed event organiser of the Minister's decision under subsection (1).

New subsection (5) provides that if the Minister makes a major event ticketing declaration, the declaration must specify whether it applies to the holding of the event on a single occasion or multiple occasions.

New subsection (6) requires the Minister to ensure that a copy of a major event ticketing declaration is published in the Government Gazette.

New subsection (7) provides that a major event ticketing declaration applies regardless of whether the ticketed event organiser changes.

New section 182D provides that the Minister may, in writing, revoke a major event ticketing declaration if the Minister considers it appropriate to do so. As soon as practicable after the revocation, the Minister must ensure that the ticketed event organiser is given a copy of the revocation and that it is published in the Government Gazette.

New section 182E provides that 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. The penalty is 60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.

New section 182F creates new ticket scalping offences for the sale, or the advertising for sale, of 6 or more tickets for a ticketed event for which a major event ticketing declaration has been made.

New subsection (1) provides that 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 of 6 or more tickets at a price that exceeds the combined face value purchase price of all those tickets by more than 10%. The penalty is 60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.

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New subsection (2) provides that 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 for 6 or more tickets at a price that exceeds the combined face value purchase price of all those tickets by more than 10%. The penalty is 60 penalty units in the case of a natural person and 300 penalty units in the case of body corporate.

New subsection (3) provides that if a person is guilty of more than one offence against section 182F(1) or (2) in respect of a particular ticketed offence on a particular day, the total fine payable by the person for the offences must not exceed 600 penalty units in the case of a natural person and 3000 penalty units in the case of a body corporate.

New section 182G creates new ticket scalping offences for the sale, or the advertising for sale, of 5 or less tickets for a ticketed event for which a major event ticketing declaration has been made.

New subsection (1) provides that 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 of 5 or less tickets and the price exceeds the combined or singular face value purchase price by more than 10%. This offence carries a penalty of 30 penalty units.

New subsection (2) provides that 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 sale is for 5 or less tickets and the price exceeds the combined or singular face value purchase price by more than 10%. This offence carries a penalty of 30 penalty units.

New section 182H relates to who may commence proceedings for offences against new Part 9A.

New subsection (1) provides that a proceeding for an offence against new Part 9A may be commenced by the Secretary, a person authorised in writing by the Secretary for the purposes of the section, the Director of Public Prosecutions or a police officer.

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New subsection (2) provides that a proceeding commenced under subsection (1) may be taken over and continued at any time by any other person authorised under subsection (1) to commence proceedings.

New subsection (3) provides that in proceedings for an offence against new Part 9A, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to do so.

New section 182I relates to infringement notices, penalties and offences for new Part 9A.

New subsection (1) states that a police officer or an authorised ticketing officer may serve an infringement notice on a person who the police officer or authorised ticketing officer has reason to believe has committed an offence against new section 182G(1) or (2).

New subsection (2) provides that an offence referred to in subsection (1), being an offence against section 182G(1) or (2), is an infringement offence within the meaning of the Infringements Act 2006.

New subsection (3) states that the infringement penalty for these offences is 5 penalty units.

New subsection (4) states that, for the purposes of new section 182I, an infringement notice must be in the form required by section 13 of the Infringements Act 2006 and must state that payment of the infringement penalty will result in forfeiture of any ticket related to the offence.

New section 182J sets out the arrangements for seizure of tickets 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).

New subsection (1) provides that, subject to the requirements of the 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 authorised ticketing officer may seize any tickets to which the offence relates from the scalper.

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New subsection (2) provides that, subject to the requirements of new section 182J, if a police officer or an authorised ticketing officer serves an infringement notice for an offence against section 182G(1) or (2), the police officer or authorised ticketing officer may seize any tickets to which the offence relates from the scalper.

New subsection (3)(a) provides that before a police officer seizes tickets under new subsection (1) or (2), the police officer must inform the person of the officer's name, rank and place of duty. New subsection (3)(a) further provides that before an authorised ticketing officer seizes tickets under new subsection (1) or (2), the authorised ticketing officer must inform the person of the officer's name and that the officer is an authorised ticketing officer for the purposes of the Principal Act.

New subsection (3)(b) requires the police officer or authorised ticketing officer to provide the information referred to in subsection (3)(a) in writing if requested by the person.

New subsection (3)(c) requires the police officer or authorised ticketing officer to produce the officer's identification for inspection by the person, unless the officer is a police officer and is in uniform.

New subsection (3)(d) requires the police officer or authorised ticketing officer to inform the person of the intended seizure and the officer's power to seize tickets under the section.

New subsection (4) provides that a police officer or authorised ticketing officer is not required to follow these steps if the police officer or authorised ticketing officer believes on reasonable grounds that it is impracticable to do so.

New subsection (5) provides that if a police officer or authorised ticketing officer seizes any tickets from a scalper, the police officer or authorised ticketing officer must give the scalper a written receipt indicating the details of the tickets, the date and time that the police officer or the authorised ticketing officer took possession of the tickets, and the police officer's name and rank or the authorised ticketing officer's name.

New subsection (6) provides that the receipt referred to in subsection (5) must be given to the person immediately if possible, or as soon as reasonably practicable.

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New section 182K provides for the temporary surrender of tickets for evidentiary purposes.

New subsection (1) provides that a police officer or an authorised ticketing officer may request a person who has purchased, is purchasing or is about to purchase a ticket 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.

New subsection (2) provides that if a purchaser surrenders a ticket under subsection (1), the police officer or the authorised ticketing officer may arrange for a photograph or other image or recording of the ticket to be made, must record the details of the ticket and its surrender, may ask for the purchaser's name and address and must return the ticket to the purchaser as soon as these requirements have been met.

New section 182L empowers a police officer or an authorised ticketing officer to retain tickets seized from a scalper for the purpose of proceedings for an offence against new Part 9A. It provides that 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 authorised ticketing officer seizes a ticket under new section 182J, the police officer or authorised ticketing officer may retain the ticket for the purposes of any proceedings against section 182F(1) or (2) or 182G(1) or (2), or enforcement of an infringement offence against section 182G(1) or (2), and must otherwise deal with the ticket in accordance with law.

New section 182M provides for an application to be made by a scalper to the Magistrates' Court for the return of tickets.

New subsection (1) provides that 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.

New subsection (2) provides that an application may be made at any time after the seizure, but must not be made if 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 if the person who has been served an infringement notice against section 182G(1) or (2) has

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expiated that offence by payment of the infringement penalty in accordance with the Infringements Act 2006.

New section 182N provides for the forfeiture of tickets to the Crown in certain circumstances.

New subsection (1) provides that 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.

New subsection (2) provides that despite anything to the contrary in Division 5 of Part 2 of the Infringements Act 2006, if a person who has been served with an infringement notice for an 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.

New subsection (3) provides that the Minister may direct that any tickets forfeited to the Crown under this section be disposed of in any manner that the Minister sees fit, including destruction.

New section 182O provides for VCAT review of certain decisions under new Part 9A.

New subsection (1) provides that 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.

New subsection (2) provides that an application for review must be made—

within 28 days of the later of the day on which the ticketed event organiser receives notice of the decision; or

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.

Clause 17 amends the heading to Part 10 of the Principal Act to insert a reference to authorised ticketing officers.

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Clause 18 inserts a new section 183A which provides for the appointment of authorised ticketing officers.

New subsection (1) provides that 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 Part 9 of the Principle Act and new Part 9A if—

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

the person is a member of a class of person appropriate to be appointed as an authorised ticketing officer.

New subsection (2) provides that an appointment under new subsection (1)—

must be in writing; and

must specify the terms and conditions on which the person is appointed; and

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

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

may be subject to any conditions that the Secretary considers to be appropriate.

New subsection (3) provides that 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.

Clause 19 amends section 184 of the Principal Act to provide for the identification of authorised officers and authorised ticketing officers. Section 184 of the Principal Act currently provides for the identification of authorised officers appointed under section 183 of the Principal Act.

Subclause (1) inserts the words "authorised ticketing officer" in the heading to section 184 of the Principal Act.

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Subclause (2) inserts the words "authorised ticketing officer" into section 184(1) of the Principal Act so that the duty of the Secretary to issue a person who is an authorised officer an identity card also applies to the issuing of such a card to an authorised ticketing officer.

Subclause (3) substitutes section 184(1)(c) of the Principal Act so it provides that an identity card issued to an authorised officer must state that the person is an authorised officer for the purposes of the Principal Act or a specified Part or provisions of the Principal Act, or an identity card issued to an authorised ticketing officer must state that the person is an authorised ticketing officer for the purposes of the Principal Act.

Subclause (4) inserts the words "authorised ticketing officer" into section 184(2) of the Principal Act so that an authorised officer or an authorised ticketing officer must produce his or her identity card for inspection at any time during the exercise of a power under the Principal Act, if asked to do so.

Subclause (5) amends section 184(3) of the Principal Act by inserting the words "or an authorised ticketing officer" after the words "authorised officer" (twice occurring) so that it provides that if a person appointed to be an authorised officer or an authorised ticketing officer proposes to exercise the functions of an authorised officer or an authorised ticketing officer and fails to produce on demand his or her identity card, the person is not authorised to exercise those functions in relation to the person making the demand.

Subclause (6) amends section 184(4) of the Principal Act to insert the words "authorised ticketing officer" after "an authorised officer" so that in proceedings under the Principal Act, an identity card purporting to be issued to a person by the Secretary under Part 10 of the Principal Act is evidence of the appointment of that person as an authorised officer or as an authorised ticketing officer.

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Clause 20 amends the offence in section 185 of the Principal Act so that the offence to hinder or obstruct an authorised officer also applies to authorised ticketing officers.

Subclause (1) inserts the words "authorised ticketing officer" after the words "authorised officer" in the heading to section 185 of the Principal Act.

Subclause (2) inserts the words "authorised ticketing officer" after the words "authorised officer" so that section 185 provides that a person must not, without reasonable excuse, obstruct or hinder an authorised officer or an authorised ticketing officer in the exercise of his or her powers, functions or duties under the Act. This offence carries a penalty of 60 penalty units.

Clause 21 amends the offence in section 186 of the Principal Act so that the offence to impersonate an authorised officer also applies to an authorised ticketing officer.

Subclause (1) inserts the words "authorised ticketing officer" after the words "authorised officer" in the heading to section 186 of the Principal Act.

Subclause (2) inserts the words "authorised ticketing officer" after the words "authorised officer" so that section 186 of the Principal Act provides that a person must not impersonate an authorised officer or an authorised ticketing office. This offence carries a penalty of 60 penalty units.

Clause 22 inserts new sections 186A to 186D into the Principal Act to ensure that authorised ticketing officers have the power to require a person to provide their name and address and, if necessary produce evidence of their name and address, and to provide offences for non-compliance. New sections 186A to 186D substantially replicate sections 88, 88A, 89 and 90A in the Principal Act that are in relation to authorised officers.

New section 186A provides a power for authorised ticketing officers to require a person to provide a name and address.

New subsection (1) provides that 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 committed an offence against section 166, 166A, 166B, 182F(1), 182F(2), 182G(1) or 182G(2) of the Principal Act.

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New subsection (2) provides that before requiring a person to give the person's name and address, an authorised ticketing officer must—

produce the authorised ticketing officer's identity card; and

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

inform the person that it is an offence against the Principal Act to fail or refuse to give the person's name and address to an authorised ticketing officer when directed to do so or to give a false or misleading name and address to an authorised ticketing officer.

New section 186B of the Principal Act provides a requirement for a person to produce evidence of the person's name and address to an authorised ticketing officer.

New subsection (1) provides that if a person gives a name and address in response to a request made under new section 186A(1) and the authorised ticketing officer believes on reasonable grounds that the name or address may be false, the authorised ticketing officer may request the person to produce evidence of the person's name and address.

New subsection (2) provides that a person must comply with a request under subsection (1) unless the person has a reasonable excuse not to do so. This offence carries a penalty of 5 penalty units.

New section 186C of the Principal Act inserts offences for the refusal by a person to give the person's name and address if requested to do so by an authorised ticketing officer under new section 186A.

New subsection (1) provides that a person must not fail or refuse to give the person's name and address to an authorised officer when required to do so under section 186A. This offence carries a penalty of 5 penalty units.

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New subsection (2) provides that 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 new section 186A. This offence carries a penalty of 5 penalty units.

New section 186D provides for disclosure of information by authorised ticketing officers in certain specified circumstances to ensure that the disclosure of information by authorised ticketing officers is held to a standard consistent with that applied to authorised officers under section 90A of the Principal Act.

New subsection (1) provides that 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. This offence carries a penalty of 50 penalty units.

New subsection (2) provides that 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—

if the authorised ticketing officer reasonably believes that the disclosure is necessary—

for or in connection with the administration of the Principal Act; or

to assist a relevant person or the authorised ticketing officer to exercise a power, or perform a duty or function, under the Principal Act or the regulations made under that Act; or

in the following circumstances—

for the purposes of any legal proceedings arising under the Principal Act;

for the purposes of any other legal proceedings;

to a court or tribunal in the course of legal proceedings;

pursuant to an order of a court or tribunal;

to the extent reasonably required for any other law enforcement purposes;

with the written authority of the Secretary;

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with the written authority of the person to whom the information relates.

New subsection (3) defines relevant person, for the purposes of new section 186D, as meaning—

the Secretary; or

a person authorised under section 167(1)(b) or 182H(1)(b) of the Principal Act; or

a person authorised to commence a proceeding under section 188(1)(b) or (d) of the Principal Act; or

the Director of Public Prosecutions; or

a police officer.

Clause 23 amends section 188(1) of the Principal Act, which provides who can bring proceedings for offences against this Act except for Part 9. Clause 23 substitutes the words "Part 9" for "Part 9 or 9A" so that section 188 does not apply to the enforcement of proceedings under Part 9 and new Part 9A of the Principal Act.

Clause 24 inserts a new section 205B into the Principal Act. This is a transitional provision that provides that any reference to the Principal Act 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 2017, is to be construed as a reference to the Major Events Act 2009, unless the contrary intention appears.

Part 3—Repeal of Tourism Victoria Act 1992and transitional provision

Clause 25 repeals the Tourism Victoria Act 1992.

Clause 26 provides that upon the repeal of the Tourism Victoria Act 1992—

Tourism Victoria (the body corporate established by section 3 of the Tourism Victoria Act 1992) is abolished and any person appointed to be a member of Tourism Victoria goes out of office; and

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all rights, assets, liabilities and obligations of Tourism Victoria immediately before its abolition become rights, assets, liabilities and obligations of the Minister administering the Principal Act; and

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.

Part 4—Consequential amendments to Criminal Procedure Act 2009 and repeal of amending Act

Clause 27 provides for consequential amendments to the Criminal Procedure Act 2009 as a result of the name change to the Major Sporting Events Act 2009.

Clause 28 repeals the Bill on 23 October 2019. In accordance with section 15(1) of the Interpretation of Legislation Act 1984, the repeal of the Bill does not affect the continuing operation of the amendments made by it.

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