The resale of tickets on eBay has been a regular topic for public discussion and there have been calls for governments to introduce legislation to prohibit or regulate ticket reselling.

eBay believes it is neither desirable nor practical for governments to regulate ticket reselling as this will simply drive sport and music fans away from open, transparent environments (such as eBay) and leave them to the mercy of ticket scalpers.

eBay Australia has a number of measures in place to ensure that anyone buying or selling tickets on its site have a safe and enjoyable experience.

These measures include:

• The introduction of a notification that alerts both buyers and sellers to check the terms and conditions that might apply to the resale of tickets. As eBay does not take possession or authenticate items sold through its site, the enforcement of ticket terms and conditions is the responsibility of the venue or promoter

• Access to eBay and PayPal buyer protection programs which offer protection when paying for an item that is either not received or significantly different to what was described in a listing

• eBay’s unique Feedback system which allows buyers and sellers to publicly rate each other and allows members of the eBay community to evaluate a seller’s previous trading history and reputation

• All members of eBay, buyers and sellers, are registered so that in the unlikely event of a dispute there is transparency and an audit trail

To ensure genuine fans have affordable access to tickets to major events eBay believes there is much more that event promoters could be doing to direct tickets into the hands of fans in the first instance. For example

• giving priority to fan club/sports families

• limiting the number of tickets sold to each customer

• staggering the release of tickets

Compelling evidence to support this belief has been supplied by eBay to the NSW Government in two submissions which contrast the ticketing distribution methods of the National Rugby League for the 2005 Rugby League Grand Final with those employed by the Football Federation of Australia for the 2005 World Cup qualifier.

Using these events as an example the submissions detail how proper ticketing distribution, entailing pre-registration and priority access for proven fans, effectively reduces the perceived problem of professional ticket resales to a negligible level.

Click the following links to download pdfs of the complete submissions:

• Submission to the NSW Government by eBay

• Letter to NSW Minister for Fair Trading

WARNING TO TICKET SELLERS OF TICKETS FOR EVENTS IN QUEENSLAND

Queensland legislation makes it unlawful for a seller to sell or offer for sale tickets to some events held in Queensland at a price greater than 10% above the original ticket price for the ticket.

If you are selling a ticket to a national or international sport, recreational or entertainment event, or special event that is staged at a facility that the Queensland Government has declared to be a major sports facility, you must not, within or outside Queensland, resell (this includes offer for sale) the ticket at a price greater than 10% above the original price of the ticket. For more information, please see Part 4A of the Major Sports Facilities Act 2001.

The Queensland Government has declared each of the following to be a major sports facility: Brisbane Cricket Ground, Brisbane Entertainment Centre, Queen Elizabeth II Complex, Sleeman Sports Centre, Suncorp Stadium and Willows Sports Complex (see the Major Sports Facilities Regulation 2002).

If you are selling a ticket that is subject to the above law, you may wish to consider listing the ticket using the “Buy It Now” format and set a price that is not greater than 10% above the original price of the ticket. However, please also read eBay’s warning below about terms and conditions that the organiser of an event and/or the original ticketing agent may have specified on a ticket before you decide whether it is lawful for you to do this.

If you have any questions regarding your rights to sell a ticket, we strongly recommend that you contact the company that issued the ticket and/or consult with a lawyer.

eBay has provided the above information to assist you in trading lawfully on eBay. eBay is not in any position to assess a particular ticket’s original price and whether it is subject to the above law and/or to terms and conditions that makes its sale unlawful. You are responsible for ensuring that your transaction is lawful.

eBay does not condone the use of its website by persons breaching the law or contractual conditions imposed by others. eBay urges that you not list any items until you are confident you can legally sell it on eBay.”

For further information please go to the Major Sports Facilities Authority website at www.msfa.qld.gov.au