Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021
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PART 2 Sale of Tickets for Cultural, Entertainment, Recreational and Sporting Events in designated venues and for designated events | ||
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Designation of certain venues | ||
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7. (1) A venue operator (in this section and section 8 also referred to as a “venue applicant”) may apply to the Minister to have one or more venues designated for the purposes of this Act if— | ||
(a) the venue has the capacity to hold 1,000 persons or more, and | ||
(b) the venue applicant is of the reasonable opinion that the venue will hold events which may give rise to the sale of tickets or ticket packages by a secondary ticket seller for a price exceeding the original sale price. | ||
(2) An application under subsection (1) shall be in writing and in such form as the Minister may prescribe and shall include— | ||
(a) the name, address, e-mail address, telephone number and website address of the applicant, | ||
(b) the address of the venue, or if the application concerns more than one venue, the address of each of those venues, the subject of the application, | ||
(c) the capacity of the venue concerned or, if the application concerns more than one venue, the capacity of each of those venues, and | ||
(d) a statement that the venue applicant is of the reasonable opinion that events taking place in the venue, or if the application concerns more than one venue, in each of the venues, may give rise to the sale of tickets or ticket packages by a secondary ticket seller for a price exceeding the original sale price. | ||
(3) The Minister may prescribe a fee to accompany an application made under subsection (1) and different fees may be prescribed for different classes of application. | ||
(4) At any time after receiving an application and before determining that application, the Minister may by notice in writing require the venue applicant to provide additional information to him or her. | ||
(5) The Minister may— | ||
(a) designate a venue, the subject of an application under subsection (1),where he or she is satisfied of the matters specified in that subsection, or | ||
(b) subject to section 8 (2), refuse to designate a venue, the subject of an application under subsection (1),where he or she is not so satisfied. | ||
(6) The Minister may, notwithstanding that an application in respect of a venue has not been made to him or her under subsection (1), designate the venue if, after consultation with the venue operator, the Minister is satisfied— | ||
(a) that— | ||
(i) the venue (including a venue with a capacity to hold fewer than 1,000 persons) will hold events which may give rise to the sale of tickets or ticket packages by a secondary ticket seller for a price exceeding the original sale price, or | ||
(ii) a designation under subsection (5)(a) cannot be made prior to the venue holding events which may give rise to the sale of tickets or ticket packages by a secondary ticket seller for a price exceeding the original sale price, | ||
and | ||
(b) that the designation of that venue would be in the public interest. | ||
(7) Where the Minister designates a venue under subsection (5)(a) or (6), he or she shall notify the venue operator in writing of the designation. | ||
(8) A notification under subsection (7) shall include the following information: | ||
(a) the reason for the designation; | ||
(b) subject to subsection (9), the date on which the designation shall come into effect; | ||
(c) that the venue operator may appeal the designation under subsection (6) in accordance with section 13 . | ||
(9) A designation made by the Minister under subsection (6) shall come into effect upon the making of such designation, or on such later date as may be specified by the Minister in a notification under subsection (7), and the bringing of an appeal against such designation under section 13 shall not affect the operation of the designation. |