Buying tickets to a music concert, sporting match or other event?

It’s best to buy tickets from the official ticket seller, to make sure your tickets are legitimate. Many consumers have been left disappointed, turned away from an event, because their ticket was not the real deal.

Buying resold tickets may seem like a convenient option, but it also carries risks:

  • The tickets may not be genuine.
  • Tickets may be cancelled by the event organiser if they’re found to have been resold in contravention of the terms and conditions of the ticket.

When buying tickets, here are some things to look out for.

Check the seller

Be aware that typing the event into a search engine may not always reveal who the official ticket seller is, as ticket resellers often appear at the top of search results.

The simplest way to find out the official ticket seller for an event is to visit the website of the artist, performer, sporting team, touring company, event promoter or the venue where the event will be held. These websites usually provide a direct link to the official ticket seller.

You can also sign up to the mailing lists of your favourite artists, performer or teams. These emails generally provide direct event and purchasing information.

Read the T’s and C’s

Official ticket sellers often have terms and conditions against the resale of tickets. Any resold tickets may be cancelled by the official ticket seller or the event organiser.

If you are purchasing from a ticket reseller, check their T’s and C’s to see if they have any buyer protections in place.

Keep all information you have in relation to your transaction, in case of any later dispute.

Know the price and any additional fees

Check the final total price, including postage, handling or delivery fees – especially for digital or downloadable tickets. Make sure the price is in Australian dollars, or that you know the equivalent price in Australian dollars.

For more information

See the Safe Tix Guide developed by Live Performance Australia (LPA).


Builder slugged $12,000 for incomplete work – media release

An unlicensed builder who took payments from clients totalling $10,000 for work that was never started has been penalised more than $12,000 in the Adelaide Magistrates Court this week.

In court, 57 year old John James Meyer pleaded guilty to breaches of the Australian Consumer Law and the Building Work Contractors Act.

Read more – builder slugged $12,000 for incomplete work – media release


Reform to SA liquor laws – CBS news

A number of licensing changes commenced on 18 December 2017.

Licence-holders can continue to operate under the new laws without needing an updated licence.

Future consultation

Further targeted consultation will occur in 2018, focusing on the new fee structure and aspects of the licensing regime, including:

  • new classes of licence, in particular details of the short term licence class
  • the seizure of evidence of age documents
  • disciplinary action before the Liquor and Gambling Commissioner for certain matters
  • minors on licensed premises.

The changes below commenced on 18 December 2017

Supply to minors

There are now stronger penalties for people who illegally supply alcohol to anyone under 18. Big parties and events will be targeted, where large groups of teenagers are supplied with alcohol.

Licensed businesses are still prohibited from supplying alcohol to people under 18 years old.

Trading hours

Hotel, club and special circumstances licences

Holders of hotel, club and special circumstances licences have more flexibility in trading hours on Sundays without needing extended trading authorisation:

  • hotel licence: consumption on premises 8am – 12 midnight and consumption off premises 8am – 9pm
  • club licence: consumption on premises 8am – 12 midnight
  • special circumstances licence: consumption on or off premises 8am -12 midnight.

Trading hours for Monday to Saturday remain the same.

Trading extensions occurred automatically on 18 December and apply to all existing liquor licences.

Licensed premises must still follow the conditions of their development approval, and any conditions or approvals made under other legislation.

No changes to gaming 

Changes to trading hours do not impact obligations under gaming licences.

Entertainment consent

Licensed venues no longer need consent from Consumer and Business Services to host a range of entertainment, including music and comedy.

Consent is still required for prescribed entertainment such as boxing, martial arts and sexually explicit entertainment.

Licence-holders can disregard conditions of their liquor licence, including conditions that:

  • restrict the number of live music performers
  • limit the locations where entertainment can occur, including the placement of loudspeakers (eg balconies and outdoor areas)
  • limit the times when live musicians and DJs can perform
  • limit the types of music that musicians and DJs can perform
  • disallow nightclubs, discos and rock band venues (and related advertising)
  • refer to karaoke
  • place a decibel limit on noise.

Conditions that were set before 18 December 2017 due to a noise complaint no longer apply.

Conditions and approvals imposed on licensed premises by other Acts, such as approvals under the Development Act 1993, will not be affected by the changes and will continue to apply.

In addition, licence holders must continue to obey the Codes of Practice, such as the Late Night Trading Code of Practice and the General Code of Practice. This includes taking reasonable steps to prevent undue noise and disturbance to people who live and work in the area, and taking steps to ensure public order and safety.

Temporary approval of responsible persons

Temporary approval of a responsible person is now available for up to 6 months, while the employee undertakes the responsible person vetting process.

This allows employees to start work faster, without businesses needing to wait for approval.

Applications to become a responsible person remain the same, with temporary approval being granted once the relevant forms have been lodged.

Individuals can now also apply to become a responsible person, while previously applications could only be made by the licensee employing the person.

The Liquor and Gambling Commissioner can revoke approval of a responsible person at any time.

Licence-holders can search whether a responsible person is approved, temporarily approved or revoked on the CBS website.

Exemptions for low-risk businesses

Low-risk businesses no longer require a liquor licence to give their clients a drink.

Exempt businesses can sell or supply liquor without a licence in certain circumstances, including:

  • hairdressers and barbers
  • cruise ships
  • retirement villages
  • businesses selling gifts
  • jewellers
  • patient care accommodation.

The current licence exemption for bed and breakfast style accommodation has also been extended. For example, bed and breakfasts with a capacity of up to 16 guests can now supply alcohol without a licence under certain conditions, while previously this was limited to 8 guests.

Other measures

A number of other measures also came into effect on 18 December:

  • abolishing the requirement for some licensed businesses to provide meals at the request of a member of the public or a lodger
  • removal of designated dining areas, reception areas and sampling areas
  • removal of most notification and advertising requirements that currently apply to licence applications
  • administrative changes to simplify the appointment of inspectors, clarify definitions and allow the Liquor and Gambling Commissioner to publish determinations and exclude information where appropriate.

Know your obligations when selling disability goods and services

Businesses, including not-for-profit businesses, have obligations under the Australian Consumer Law when selling goods and services to consumers with disability or to participants in the National Disability Insurance Scheme (NDIS).

It is important that you treat consumers fairly and take particular care when dealing with consumers that may be disadvantaged or vulnerable.

Here are some tips to help you do the right thing.

Contracts

Be clear about what products or services you are selling and what you are charging. A contract/service agreement can protect your business from misunderstandings so make sure you include all the important details, and make sure that consumers understand the contract before they sign it.

Contracts can be verbal too – so if you or your staff promise something you need to deliver it.

Communication with customers

Any advertising material or statements you make must be truthful and accurate. You cannot rely on small print or disclaimers to justify a misleading overall message.

Be aware of your obligations when using direct marketing like door-to-door or telemarketing:

  • There are certain days and times when you must not contact consumers.
  • Consumers have a 10-day cooling-off period.

You must not unduly harass or coerce consumers or engage in unconscionable conduct. This includes repetitive unnecessary or excessive contact or by using force (actual or threatened) that restricts another person’s choice or freedom to act.

You must not demand payment for goods or services the consumer did not request or that you did not supply.

Consumer guarantees

The goods or services you supply to a consumer come with automatic guarantees. This means they must be safe, work correctly and meet promises made about the condition, performance and quality. People delivering services must have the appropriate skills, experience and qualifications. As a business you must honour these guarantees. If a guarantee is not met you must provide a remedy such as a refund, repair or replacement.

As a business you can refuse to provide a refund if the consumer has changed their mind.

More information

See the guide for suppliers to help businesses selling to and supplying consumers with disability.

 


Online directory slugged $120,000 for misleading conduct – media release

The Supreme Court has imposed penalties totalling $120,000 against a company and its director for engaging in misleading conduct to sign up South Australian schools for online advertising.

Lukeleo Pty Ltd and its director/shareholder Luke Farrell were fined after admitting to making various false and misleading representations, in breach of the Australian Consumer Law.

Read more – online directory slugged $120,000 for misleading conduct (PDF 102KB)


Ride or accommodation sharing – CBS news

If you buy or hire goods and services through an online marketplace or sharing economy platform, you are protected by the Australian Consumer Law (ACL), in the same way as you would be if you were to buy in store.

Traders are protected by the ACL and also have obligations to consumers, like guaranteeing that the services and goods they’re providing comply with the law.

Transcript – the sharing economy – introduction (DOC 13KB)

Consumers – If you buy goods and services

Your rights don’t change if you hire goods or buy services online, through an app or sharing platform, or if you make in-store purchases. You have consumer guarantee rights.

If there is a problem:

  • Check the platform’s terms and conditions and their complaint management process, if they have one.
  • You may be able to cancel the contract and get a refund if a consumer guarantee isn’t met

Follow these simple steps to resolve the issue:

  • speak to the seller or service provider
  • contact the platform through their internal dispute resolution process, if they have one
  • write a factual customer review and rate the trader on the platform
  • contact Consumer and Business Services for advice if the matter isn’t resolved with the platform and/or trader.

Transcript – the sharing economy – remedies (DOC 13KB)

Transcript – the sharing economy – cancellations (DOC 13KB)

Transcript – the sharing economy – disputes (DOC 13KB)

Traders – If you hire or sell goods and services

Your rights:

  • platform operators must not mislead or deceive you
  • you have consumer guarantee rights when buying services from a platform operator
  • there are certain circumstances where it is illegal for a platform operator to refuse to supply you
  • you can refuse to provide a refund if the consumer has simply changed their mind.

If you believe a consumer has not held up their end of a contract for a good or service, some platforms have their own internal resolution process to deal with this. Read your platform’s community rules and internal resolution process guidelines.

Contact Consumer and Business Services for advice if you aren’t able to resolve a problem with the platform or consumer first.

 Your obligations

  • Be transparent about the product or service you are advertising so there are no surprises to consumers
  • Avoid misleading or deceptive statements
  • Make sure reviews provided about your service or product are not misleading or fake
  • You must comply with product safety obligations.

Transcript – the sharing economy – advertising (DOC 13KB)

Transcript – the sharing economy – reviews (DOC 13KB)


Changes to bookmaking for Melbourne Cup day charitable events – CBS news

Licensed bookmakers no longer need a permit from CBS to take bets for Melbourne Cup day charity functions.

The Liquor and Gambling Commissioner published a notice in the SA Government Gazette on 24 October 2017 to allow licensed bookmakers to take bets at charitable fundraising events on  Melbourne Cup day, the first Tuesday of November of every year.

Special one-off arrangements have been put in place for this year’s Melbourne Cup day on Tuesday 7 November 2017. Organisers of future charitable events on Melbourne Cup day will need to contact The SA Bookmakers League on (08) 7070 2710 to use a licenced bookmaker.

Any licensed bookmaker that does not comply with the conditions in the Commissioner’s notice will be subject to disciplinary action.

Read the signed gazetted notice (PDF 629KB)