Running music festivals and concerts

If you're organising a festival, you must be aware of your legal responsibilities, particularly under the Australian Consumer Law (ACL).

You need to be aware of your obligations related to:

• event cancellations
• advertised acts failing to perform
• the lack of advertised goods and services at festivals.

Making false or misleading representations

It is an offence to make false or misleading representations about an event. This includes claims made in advertising or communications about the artists performing or services available.

You must have reasonable grounds for making any claim about the event.

Accepting payment for tickets

You must not accept payment for a festival if you:

• don't intend to hold the event
• intend to hold a different event to the one you advertised
• know—or should have known—that you wouldn't be able to hold the event.

If you accept payment in the above circumstances you may be committing an offence.

If you've accepted payments for an event that is then cancelled you may be committing an offence, even if you intended the event would go ahead.

Businesses that genuinely try to meet supply agreements should not be affected.

Event changes or cancellations

You must give a full refund if an event is cancelled.

If you cancel an advertised act—or don't provide an advertised service—the customer may be entitled to a full or part refund. You can't add a term or condition to limit your liability for refunds. This may be considered an unfair contract term.

We recommend you communicate to attendees any changes to an event as soon as possible and as widely as possible.

Industry guidance

Live Performance Australia gives guidance to your industry. Their Ticketing Code of Practice may help you to avoid common problems.

Fines

The maximum fines for false and misleading representations or wrongly accepting payment are:

• $2.5 million for an individual
• $50 million for a company.