Ms Clare McNamara:

Ultimately, the rights a person has under a contract are property rights, which are guaranteed under the Constitution. We are satisfied that the prohibition on above-sale-price resale of tickets is a justifiable and proportionate restriction on the right of ticket holders to sell tickets at a price above the original sale price. This is why we have sought to balance that restriction with the provision prohibiting the contract terms that prevent a ticket holder from selling below the sale price. As my colleague Mr. Newham said earlier, some event organisers would have done that in the past whereby part of the contract for the ticket prevented the ticket holder from selling below the original cost. We felt we needed to balance this issue by preventing that from happening, except in very exceptional circumstances.