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Response from the ACCC

See  this Post with reference to the following Response.

Thank you for your email of 3 November 2012 to the Australian Competition and Consumer Commission (ACCC) ticket selling.

The ACCC is responsible for administering the Competition and Consumer Act 2010 which incorporates the Australian Consumer Law (ACL) in Schedule 2 of that Act. The ACL is a single national law which aims to protect consumers and ensure fair trading in Australia. Under the ACL, consumers have the same protections, and businesses have the same obligations and responsibilities across Australia.

As the ACCC did not publish the ‘Consumers and the Ticket Market Report – 2010’ I am unable to interpret what is contained within the report. For clarification on the information contained within this report you may wish to contact the Department of Treasury on 1800 020 008 or www.treasury.gov.au

I can however, provide general advice on consumers rights under the ACL. The ACL provides all consumers with certain guarantees when they purchase goods and services. These are known as consumer guarantees. Consumer guarantees provide consumers with a comprehensive set of rights for the goods and services they acquire.

Consumer guarantees automatically apply regardless of any voluntary or extended warranty given by a seller or manufacturer of goods. The guarantees have no set time limit—depending on the type and quality of the good, businesses may be obligated to provide a remedy after any voluntary or extended warranty, for example a manufacturer’s warranty, has expired should a fault or deficiency occur.

You are covered by these laws if the goods or services you purchase cost less than $40,000. If the goods or services cost more than $40,000 but are normally used for personal, domestic or household purposes (such as landscape design), the guarantees will still apply. Vehicles and trailers are also covered, irrespective of cost, provided they are used mainly to transport goods.

This means the consumer guarantees can apply to purchases that a business might make, for example an office chair or photocopier. However, regardless of cost, the guarantees do not apply to goods which are to be re-sold or transformed into something that is sold or used up.

As you have stated, one of these consumer guarantee’s is that the consumer receive clear title to a good they have purchased, however this guarantee does not apply in the circumstance where the good is supplied with limited title. This means that a business is able to limit title to the goods, and as such the consumer’s ability to on sell the goods, if such interests are disclosed or made known to the consumer before purchase. How this should be done, however, is not a question I am able to answer as I am not able to provide legal interpretation.

Keep in mind that this particular guarantee only applies to goods and as to whether a ticket is a good might depend on the surrounding circumstances such as what the ticket might entitle you too, this also would require a legal interpretation.

More information regarding consumer guarantees is available in the ACCC publication, Consumer Guarantees – a guide for consumers.

In Response to this Question

Inquiry details

Subject: Consumers and the Ticket Market Report – 2010
Description: On page 30 of the Report, it states that the new Australian Consumer Law provides statutory guarantees for purchases of goods and services — for example, a seller will be required to guarantee they will supply a ticket with reasonable care and skill, they have they have a right to sell the ticket and that the ticket will be fit for purpose, free from defects and match its description”. Please can you advise what the “right to sell the ticket means”? Please also advise does the “right to sell the ticket” mean the selling of the ticket must comply with any terms and conditions placed upon the ticket by the authorised ticket seller. If yes, under what conditions, e.g. do the terms and conditions NEED to be printed on the back of the tickets? Thank you.
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One comment on “Response from the ACCC

  1. stopticketscalping
    24/04/2014

    A poor answer once again. Are tickets “goods”? If they are, then doesn’t the following mean a ticket which cannot be onsold has “limited title” and therefore the Guarantee does not apply? WHO KNOWS.

    ” .. this guarantee does not apply in the circumstance where the good is supplied with limited title”

    If anyone reading this can help interpret what this ACCC representative is saying, and work out the simple interpretation of the relevant provisions of the ACL, please post here.

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This entry was posted on 20/11/2012 by in Legislation and tagged , .

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