Is ticket scalping illegal in Australia?

There is no national law against it, but most states restrict it. NSW, South Australia and Western Australia make it an offence to resell a ticket for more than about 10% above its original price when the ticket's terms restrict resale. Victoria, Queensland and the ACT restrict resale only for declared or major events, and the ACT allows no markup at all for those. Tasmania and the Northern Territory have no specific resale law, though the Australian Consumer Law still applies.

Can I sell my ticket for more than I paid?

Usually only by a small amount, and in some cases not at all. In NSW you can't sell for more than you paid, including booking fees of up to 10% of the ticket price. In South Australia the limit is 110% of the ticket price excluding fees, and in Western Australia 10% above the original price including fees. For declared events in Victoria the limit is 10% above face value, and for declared major events in the ACT it is the original price. The ticket's own terms may also restrict or ban resale.

Does the 10% resale cap include booking fees?

It depends on the state. Western Australia, Queensland and the ACT include booking fees in the original price. South Australia and Victoria exclude them. NSW starts from the ticket price and adds the fees the first buyer paid, but those fees count only up to 10% of the ticket price.

Is it legal to resell tickets on Facebook or Gumtree?

Selling privately is not illegal in itself, but the same price caps apply wherever you sell. In NSW, South Australia and Western Australia, ads must not exceed the cap and must state the original price and seat location, and the website or publication that runs a prohibited ad can also be liable. The ACCC warns that tickets bought from unauthorised sellers may be fake, already used, or cancelled by the organiser.

Are ticket-buying bots illegal in Australia?

NSW, South Australia and Western Australia ban using software to get around a ticket seller's security measures to buy tickets. We found no bot ban in Victoria's, Queensland's or the ACT's resale laws, and there is no national bot ban.

Is dynamic pricing legal in Australia?

Yes. The federal government announced in October 2024 that it would look at dynamic pricing, but no ban has been legislated. Victoria says dynamic pricing is lawful, though resale caps still apply to the price paid. Separately, from 1 July 2027 businesses must show booking and other transaction fees next to the base price, under the Unfair Trading Practices Act 2026.

How do I buy resale tickets safely?

Use the event's official resale option or the original ticket seller's resale service where one exists, check the asking price against the face value, and pay by credit card so you can ask for a chargeback if something goes wrong. Resale websites must show that they are not the primary seller and display the original price.

Guide · 2026

Ticket resale laws in Australia

There's no national resale cap. NSW, South Australia and Western Australia limit resale of most event tickets to about 10% above the original price. Victoria, Queensland and the ACT only cap declared or major events, and Tasmania and the NT have no specific law. What counts as the "original price" differs by state.

Laws and platform rules checked 13 October 2026

This is general information, not legal advice. Laws change, and how they apply depends on the event and the ticket's terms. Check the official sources linked below, or get legal advice for your situation.

Resale rules by state at a glance

State	Resale price limit	Applies to	Bots	Maximum penalty
New South Wales	Original price + fees paid (fees count up to 10%)	All tickets with a resale restriction	Banned	Up to $22,000 individual, $110,000 company
Victoria	10% above face value (excl. fees)	Declared events only	No specific ban	$1,018 to $610,530 depending on the offence
Queensland	10% above original price (incl. fees)	Major sports venues and prescribed major events	No specific ban	Up to $22,531 individual, $113,492 company
South Australia	110% of original price (excl. fees)	All tickets with a resale restriction	Banned	Up to $20,000 individual, $100,000 company
Western Australia	10% above original price (incl. fees)	All tickets with a resale restriction	Banned	Up to $20,000 individual; $100,000 company (WA Government)
ACT	No markup above original price (incl. fees)	Declared major events with a ticketing notice	No specific ban	30 penalty units
Tasmania	No specific law	–	–	Australian Consumer Law applies
Northern Territory	No specific law	–	–	Australian Consumer Law applies

A "resale restriction" is a term in the ticket's conditions that limits or bans resale. Penalty figures are as published by each state government.

What counts as the "original price"?

"10% above face value" is a common shorthand, but the states measure it differently, and the difference matters when booking fees are large.

Fees included: Western Australia, Queensland and the ACT count booking fees and commission as part of the original price.
Fees excluded: South Australia and Victoria start from the ticket price alone. Victoria calls it face value, set by the organiser at first sale.
NSW: you can't sell for more than you paid. That means the ticket price plus the booking, payment or delivery fees you were charged, with those fees counting only up to 10% of the ticket price.

State by state

New South Wales

Under Part 4A of the Fair Trading Act 1987, you can't resell a ticket to a NSW sporting or entertainment event that carries a resale restriction for more than you paid for it, with fees counted up to 10% of the ticket price. Ads can't ask for more than 110% of the ticket price and must show the original price and the seat location (or say it's general admission). Websites and publications must not run ads that break these rules, and using software to get around a ticket seller's security is banned. NSW Fair Trading enforces the law, with fines of up to $22,000 for individuals and $110,000 for companies, and on-the-spot fines of $550 and $1,100. The rules have applied since 1 June 2018.

Victoria

Victoria's Major Events Act 2009 makes it an offence to resell or advertise a ticket to a declaredevent for more than 10% above face value, which excludes fees. Events are declared one by one; recent declarations include the Formula 1 Grand Prix, the Comedy Festival and major stadium concerts. Resale ads for declared events must show the asking price, face value and seat. Penalties range from $1,018 to $610,530 depending on the offence, and are enforced by authorised ticketing officers and Victoria Police. Tickets to events that aren't declared aren't covered by the cap.

Queensland

Queensland caps resale at 10% above the original price, including fees, for events at major sports facilities (Major Sports Facilities Act 2001) and for prescribed major events (Major Events Act 2014). The venue cap applies even when the reseller is outside Queensland. A 2026 amendment raised the maximum fines to $22,531 for individuals and $113,492 for companies, and removed the offence of buying a ticket above the cap. Other events aren't covered.

South Australia

South Australia's Fair Trading Act 1987 (Part 4A) bans reselling a ticket to an SA sporting or entertainment event that carries a resale restriction for more than 110% of the ticket price, not counting booking or other fees. Ads have the same cap and must show the original price and seat or location. Ticket bots are banned. Fines are up to $20,000 for individuals and $100,000 for companies, with a $550 expiation fee, enforced by Consumer and Business Services. The rules have applied since 10 December 2018.

Western Australia

WA's Ticket Scalping Act 2021 bans reselling a ticket to a WA event that carries a resale restriction for more than 10% above the original price, including booking fees, and the Act reaches resellers outside WA. Ads must show the original price and seat, websites are liable for ads that break the rules, and bots are banned. The WA Government says penalties are up to $20,000 for individuals and $100,000 for companies, with $2,000 infringement notices. The Commissioner for Consumer Protection enforces it. The Act has applied since 10 September 2021.

Australian Capital Territory

The ACT's Major Events Act 2014 bans selling a ticket to a declared major event for any amount above the original price, including fees, unless the organiser agrees in writing. It applies only to events that are declared major events and covered by a ministerial ticketing notice. The maximum penalty is 30 penalty units.

Tasmania and the Northern Territory

We found no specific ticket resale law in Tasmania or the Northern Territory. The Australian Consumer Law and the federal rules below still apply, and an organiser's ticket terms can still restrict resale.

Federal rules

No national cap or bot ban. The Commonwealth chose disclosure rules instead.
Resale websites must say so. Since 1 October 2022, sites whose main business is ticket resale must show "This is a ticket resale service. You are not buying from a primary ticket provider." and display the ticket's original price. This doesn't cover private sales on general marketplaces.
Fees shown upfront from July 2027. The Unfair Trading Practices Act 2026 requires booking and other transaction fees to be shown next to the base price from 1 July 2027.
Dynamic pricing is not banned. It was flagged by the government in 2024 but hasn't been legislated.

What it means for you

If you're buying or selling a ticket

Use the event's official resale option where there is one.
Check the asking price against the ticket's original price, which resale listings must show.
Pay by credit card so you can ask for a chargeback if the ticket is fake or refused.
When selling, stay within your state's cap and the ticket's terms, or the organiser may cancel it.

If you're an organiser

In NSW, SA and WA the caps only protect tickets whose terms restrict resale, so include a resale clause in your ticket conditions.
In Victoria, Queensland and the ACT, caps apply only to declared or major events, which the government decides.
Offering an official, capped resale option keeps fans away from scalpers and fake tickets.
From July 2027, show booking fees next to your ticket price.

How ticketing platforms handle resale

From each platform's own help and policy pages.

Platform	How resale works	Price limit	Fees
Ticketek Marketplace	Official resale, if the organiser switches it on	Face value	No seller fee. Buyer pays service and reissue fees (amounts not published).
Ticketmaster Resale	Official resale	110% of face value, including the seller fee	Seller fee shown at listing. Buyer pays order processing fees.
DICE	Wait list for sold-out events (organiser-enabled), plus transfers to friends	Seller gets back what they paid	Wait list buyers can pay more than the original price, including a wait list fee.
Tixel	Open resale marketplace (Oztix's official resale partner)	Face value + 10% in Australia, lower if the organiser or law requires	Seller 6.4% (min $3). Buyer 6.4%, or 7.4% via Auto-Purchase.
Moshtix	Resale via private link, or Ticket Return	110% of the price paid, excluding fees	Resale service fee deducted (shown on the listing page).
Humanitix	Resale, if the host enables it	Face value only, excluding fees	No extra resale fees.
Eventbrite	No built-in resale; organisers can allow name changes	–	–

Coming soon on Tickify

Resale that pays the organiser

Organisers switch resale on or off for each event.
Every resale is capped, and the buyer's all-in price, fees included, never goes over the cap.
Sellers get their listing price, with no seller fee.
Organisers earn up to 5% on every resale at or above face value, instead of losing that premium to scalpers.

Start selling with Tickify

Frequently asked questions

Sources

Checked against these official and platform pages on 13 October 2026.