Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021
|
Designation of certain events | ||
|
9. (1) An event organiser or venue operator, (in this section and section 10 also referred to as an “event applicant”) may apply to the Minister to have an event designated for the purposes of this Act (in this section referred to as the “designated event”) if, having regard to the nature of the event, the applicant is of the reasonable opinion that the event may give rise to the sale of tickets or ticket packages for that event by a secondary ticket seller for a price exceeding the original sale price. | ||
(2) An application may be made under subsection (1) for the designation of an event which takes place on an annual or other periodic basis in the same venue. | ||
(3) 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 event applicant, | ||
(b) details (including the proposed date or dates concerned) of the event and the address of the venue where the event, the subject of the application, will take place, and | ||
(c) a statement that the event applicant is of the reasonable opinion that the event, the subject of the application, may give rise to the sale of tickets or ticket packages for that event by a secondary ticket seller for a price exceeding the original sale price. | ||
(4) The Minister may prescribe a fee to accompany an application made under subsection (1). | ||
(5) At any time after receiving an application and before determining that application, the Minister may by notice in writing require the event applicant to provide additional information to him or her. | ||
(6) The Minister may— | ||
(a) designate an event which has been 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 10 (1), refuse to designate an event which has been the subject of an application under subsection (1) where he or she is not so satisfied. | ||
(7) The Minister may notwithstanding that an application in respect of an event has not been made to him or her under subsection (1), designate an event if, after consultation with the event organiser or venue operator, the Minister is satisfied, having regard to the nature of the event— | ||
(a) that— | ||
(i) the event may give rise to the sale of tickets or ticket packages by a secondary ticket seller for that event for a price exceeding the original sale price, or | ||
(ii) that a designation by the Minister under subsection (6)(a) cannot be made prior to the event 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 event would be in the public interest. | ||
(8) Where the Minister designates an event under subsection (6)(a) or (7), he or she shall notify the event organiser or venue operator in writing of the designation. | ||
(9) A notification under subsection (8) shall include the following information: | ||
(a) the reason for the designation; | ||
(b) subject to subsection (10), the date on which the designation shall come into effect; | ||
(c) that the event organiser or venue operator may appeal the designation under subsection (7) in accordance with section 13 . | ||
(10) A designation made by the Minister under subsection (7) 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 (8), and the bringing of an appeal against such designation under section 13 shall not affect the operation of the designation. |