The Entertainment Industry Code of Practice applies to the promotion, ticket sales and staging of events where an entry charge is made.

The Code sets out fair trading standards which relate to:

• the type of information which should appear in advertising and promotion
• consumer access to tickets where advance booking arrangements are used
• information which should be displayed or made available at venue box offices and other ticket outlets
• information which telephone booking centres should give to consumers in circumstances in which consumers are entitled to a refund or exchange option.

View the Entertainment Industry Code of Fair Practice in PDF format (size: 40k).

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1. It is expected that advertising and promotion material shall give details of:

(a) Main attraction/performer(s)

(b) Support attractions/performers, when known
Note: With contemporary concerts ticketed well in advance, support acts may not have been finalised at the time of booking and more than one support can be used at different times throughout the lengthy tour

(c) Venue(s)
Note: Where the normal configuration of the venue is significantly varied for a particular performance, the configuration to be used should be disclosed in promotion material, for example change from the stage facing the audience to ‘in the round’

(d) Scheduled date(s)

(e) Ticket outlets and advance booking facilities

(f) Limitation, if any, on ticket sales to one person (see clause 2c)

(g) If ticket price information is given, the minimum price (including ticketing cost) for which ticket can be purchased should be stated as well as any and all additional charges (refundable or non-refundable) which may be payable at some booking outlets.
Note: Care should be taken not to misrepresent the nature, scale or quality of a performance by including, omitting or failing to qualify information in video clips or other promotion material. Such misrepresentation could be in breach of the law.

2. Advance booking arrangements shall seek to maximise fair access to tickets for prospective patrons by:

(a) Decentralised counter and telephone booking facilities for where venue(s) cater for large audiences with shared access to best quality setting locations
Note: This may not be applicable for small venues.

(b) Simultaneous release of the number of scheduled performances to enable patrons to express the date or seat preference, where reasonable, having regard to entrepreneurial risk
Note: For contemporary concerts, this is appropriate where it is expected that there will be overwhelming demand for tickets for a particular event, and/or season is strictly limited because of the artist’s availability. This ensures fairer access by relating the quality of available seats to earlier locations in a queue, as against the random lottery effect of progressive release of single performances. For theatrical shows it is most common to place tickets on sale in weekly blocks.

(c) Setting a limit on the number of best area tickets which are available to persons/organisations, where there is an overwhelming demand for short season events, so as to enable wider distribution amongst patrons.
Note: Actual limit set will vary for a number of valid reasons including venue size. Exceptions may also be appropriate for tour operators catering for large groups.

3. Venue box offices shall prominently display/make available information about:

(a) Program details including:

• main attraction/performer(s)
• support attractions (see clause 1b)
• commencement times
• anticipated duration of performance, particularly by the main attraction, where not commonly known to patrons
  Note: Alternatively, it would be expected that the promoter will ensure the actual performance time is consistent with the reasonable expectations of patrons having regard to comparable events.

(b) Limitations, if any, on ticket sales to one person

(c) Seating plans showing:

• areas and seats designated on ticket
• permanent sightline obstructions where known, poor sightlines and other impediments from introduced obstructions (e.g. television or recording equipment)

(d) Ticket prices (see clause 1g) and any additional charges

(e) Refund or exchange policy as set out in clause 7.
Note: Display of the Code would fulfil this obligation provided a reference is made in signs or on tickets which state the venue/promoters general refund or exchange policy, for example ‘No refund or exchanges except as in Entertainment Industry Code of Fair Practice" or ‘Refunds or exchanges only as provided in Entertainment Industry Code, for example if performance cancellation or undisclosed sightline obstructions’. Unqualified statements such as ‘No refunds or exchange’ should not be used as they are misleading.

4. Ticket outlets, other than the new box offices, shall prominently display/make available information about:

(a) Program details as in 3a, unless such information has been provided in all advertising and promotion material

(b) Items as outlined in 3b, c and d

(c) Patrons’ refund or exchange entitlements by a full statement as in 3e or by a statement on tickets and/or a notice that refers patrons to the venue box office for details of limited rights.

5. Telephone booking centres shall give information about:

(a) Charges above ticket prices

(b) Whether allocated seats are affected by nominated sightline obstructions

(c) The general location of allocated seating.

6. Money paid in advance of the date of the event.

Money for advance ticket sales received by venue operators or independent booking outlets shall be held by them until the event has been staged unless satisfactory guarantees are received from the promoter of the event to cover refunds should the performance be cancelled.

Note: There is no common industry practice covering the security of advance ticket sales. Money is often received direct by the promoter, theatre company or other organisation presenting the entertainment, that is, season subscriptions, travel/ticket packages, special block purchases by commercial organisations for members or credit card holders.

7. Patrons shall be entitled to a full refund or exchange option in situations such as:

(a) Main attractions/event cancelled or rescheduled

(b) Main attraction/star performer(s) is cancelled and substitute arranged
Note: In opera, theatre, ballet, symphony concerts, where there are multiple understudies and replacement by understudies is the accepted practice, a refund/exchange option shall not apply unless a premium price is charged directly related to the advertised star appearing.

(c) Event is part cancelled by premature termination substantially before performances advertise content or exploration of advertised duration
Note: What is reasonable will vary depending on the type of performance and other factors affecting the staging of the event.

(d) Previously undisclosed significant visual obstruction for a reserved seat reported soon after commencement (includes effects of introduced factors such as filming or recording equipment).
Note: This clause does not restrict individual venues for promoters from having a more liberal refund/exchange policy nor does it restrict individual’s rights under the Trade Practices Act.

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Scalping is the practice of re-selling tickets for popular sporting or entertainment events at prices that exceed the retail price of the ticket. There is no legislation which specifically prohibits scalping in New South Wales. However, scalping is effectively prohibited within the area surrounding the Sydney Football Stadium, Sydney Cricket Ground and Sydney Olympic Park.

Consumers should be aware that there are risks associated with purchasing scalped tickets. Many tickets are originally sold by the promoter on the condition that they may not be on-sold.  If you purchase an on-sold ticket, the promoter of the event may have the right to cancel the ticket and refuse you entry. You should also be aware that some scalpers have been known to sell counterfeit tickets, which similarly will prevent you from entering the performance or game.

The Office of Fair Trading continues to liaise with the entertainment and sporting promotion industry to minimise the activities and impact of scalpers.

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Consumers who feel that the code has not been observed should contact the manager of the venue, promotion company or booking office and discuss the problem experienced. If the matter is not resolved, the Office of Fair Trading can be contacted for assistance on 13 32 20.

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