Broadcasting Services (Anti-Siphoning Monitoring) Direction (No. 1) 2005 (Amendment No. 1 of 2008)

Administered by Department of Communications and the Arts

Legislation au F2008L03362 Not in force Legislative Instrument

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Explanatory Statement

 

 

BROADCASTING SERVICES (ANTI-SIPHONING MONITORING) DIRECTION (NO. 1) 2005 (AMENDMENT NO. 1 OF 2008)

 

 

Issued by the authority of the Minister for Broadband, Communications and the Digital Economy

 

 

Purpose

 

The Broadcasting Services (Anti-Siphoning Monitoring) Direction (No. 1) 2005 (Amendment No. 1 of 2008) (‘the Direction’) is made by the Minister for Broadband, Communications and the Digital Economy under subsection 171(1) of the Broadcasting Services Act 1992 (‘the Act’).

 

The Direction amends the Broadcasting Services (Anti-Siphoning Monitoring) Direction (No. 1) 2005 (‘the 2005 Direction’), which requires the Australian Communications and Media Authority (ACMA) to investigate the operation of the anti-siphoning provisions of the Act, and to periodically report its findings to the Minister.

 

The Government has decided that it does not wish ACMA to be subject to the investigation or reporting requirements imposed by the 2005 Direction.  The Direction amends the 2005 Direction accordingly.   

 

Anti-siphoning rules

 

The Act contains provisions, known as the anti‑siphoning rules, which prevent subscription television broadcasting (pay TV) licensees from acquiring exclusive broadcast rights to events which the Minister considers should be televised free to the general public. 

 

Subsection 115(1) of the Act empowers the Minister, by Notice published in the Gazette, to specify an event, or events of a kind, the televising of which should in the opinion of the Minister be available free to the general public. 

 

In the Commonwealth of Australia Gazette No. GN 20, 19 May 2004, the Minister published the Broadcasting Services (Events) Notice No. 1 of 2004, which specified a list of events in accordance with subsection 115(1) of the Act.  This is known as the anti-siphoning list.   

 

The combined effect of section 99 of the Act and paragraph 10(1)(e) in Part 6 of Schedule 2 to the Act is that pay TV licensees are subject to a licence condition preventing them from acquiring a broadcast right to an event on the anti-siphoning list unless a national broadcaster or commercial television broadcasting licensee has acquired the right to broadcast that event, or the event has been delisted. 

 

Amendment of the 2005 Direction

 

Clause 2 of the 2005 Direction requires ACMA to investigate and monitor the broadcasting of events on the anti-siphoning list, including the nature, extent and use of television rights obtained by commercial television broadcasting licensees and national broadcasters to such events.  The 2005 Direction also requires ACMA to provide interim reports and a final report of its investigations to the Minister.  

 

The Government has decided that the obligations imposed by the 2005 Direction are no longer required to ensure that ACMA is able to effectively monitor and investigate the acquisition and use of broadcast rights to events on the anti-siphoning list by free‑to-air broadcasters.

 

ACMA has sufficient powers to conduct investigations concerning broadcasters’ compliance with the anti-siphoning provisions under section 170 of the Act.  Furthermore, section 177 of the Act provides that ACMA may require a person to make available to the authority documents that may contain information relevant to the subject matter of an investigation.  Accordingly, the Direction amends the 2005 Direction by revoking clause 2.  

 

The Direction is issued in reliance on the same subsection of the Act, subsection 171(1), relied upon for the 2005 Direction.  The subsection empowers the Minister to direct ACMA to investigate any matter within Commonwealth constitutional power over communications (and, in light of subsection 33(3) of the Acts Interpretation Act 1901, to repeal, rescind, revoke, amend, or vary such a direction).   

 

The Direction does not affect the operation of Clause 1 of the 2005 Direction.  Clause 1 provides that ACMA is no longer to act under Direction to the ABA No. 4 of 1996 (‘the 1996 Direction’).  The 1996 Direction, issued to the then-ABA, required ACMA to report to the Minister about the free availability of programming to the public. 

 

Consultation

 

ACMA has been consulted on the making of this Direction.  Further consultation was considered unnecessary in light of the procedural nature of the Direction and the fact that ACMA is the major affected party.

 

Commencement

 

The Direction will take effect the day after it is registered on the Federal Register of Legislative Instruments. 

 

 

 

Overview

The Broadcasting Services (Anti-Siphoning Monitoring) Direction (No. 1) 2005 (Amendment No. 1 of 2008) was issued by the Minister for Broadband, Communications and the Digital Economy under subsection 171(1) of the Broadcasting Services Act 1992. The Direction seeks to address the need for the Australian Communications and Media Authority (ACMA) to no longer be subject to the investigation or reporting requirements imposed by the 2005 Direction, which mandated ACMA to investigate and monitor the broadcasting of events on the anti-siphoning list. The policy objective is to ensure that ACMA retains sufficient powers to effectively monitor and investigate the acquisition and use of broadcast rights to events on the anti-siphoning list by free-to-air broadcasters. This amendment is aimed at streamlining the regulatory process while maintaining oversight over anti-siphoning provisions.

Scope and Application

The Broadcasting Services (Anti-Siphoning Monitoring) Direction (No. 1) 2005 (Amendment No. 1 of 2008) applies to the Australian Communications and Media Authority (ACMA) and governs the monitoring and investigation of anti-siphoning provisions under the Broadcasting Services Act 1992. This legislative instrument, issued under the authority of the Minister for Broadband, Communications and the Digital Economy, revises the 2005 Direction to relieve ACMA from certain investigative and reporting obligations previously imposed by the 2005 Direction. The Direction aims to ensure that ACMA retains sufficient powers to effectively monitor broadcasters' compliance with anti-siphoning rules, which are designed to prevent pay TV licensees from acquiring exclusive broadcast rights to events deemed important for public access. The Direction has a Commonwealth jurisdictional reach and does not introduce new exclusions, exemptions, or thresholds but rather refines the operational scope of ACMA's duties under the Act. The Direction is effective from the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Broadcasting Services (Anti-Siphoning Monitoring) Direction (No. 1) 2005 (Amendment No. 1 of 2008) primarily addresses the obligations of the Australian Communications and Media Authority (ACMA) in relation to anti-siphoning monitoring. Under the Broadcasting Services Act 1992 (the Act), the anti-siphoning rules are designed to prevent subscription television broadcasters from acquiring exclusive broadcast rights to certain events that should be available free to the general public. The 2005 Direction required ACMA to investigate and report on the broadcasting of events on the anti-siphoning list, but this requirement has been amended by the 2008 Amendment Direction. Specifically, clause 2 of the 2005 Direction, which mandated ACMA to conduct investigations and submit reports, has been revoked. This change recognises that ACMA already possesses sufficient powers and authority under the Act to oversee compliance with anti-siphoning provisions without the need for periodic reporting to the Minister. In terms of obligations, the Act, along with the anti-siphoning list, imposes certain restrictions on pay TV licensees, preventing them from acquiring broadcast rights to events on the anti-siphoning list unless a national broadcaster or commercial television broadcasting licensee has already secured the rights or the event has been removed from the list. The 2008 Amendment Direction does not alter these substantive requirements but instead modifies the procedural obligations placed on ACMA. The ACMA’s role remains crucial in ensuring that broadcasters comply with these anti-siphoning provisions, but it no longer needs to submit periodic reports on its findings. Regarding enforcement and consequences, the Act does not explicitly detail specific offences or penalties for breaches of the anti-siphoning rules within the Direction itself. However, breaches of the anti-siphoning provisions could potentially lead to regulatory action by ACMA, including investigations and orders for compliance. The Act provides ACMA with various enforcement mechanisms, including the ability to require the production of documents and to issue compliance notices. While the Direction itself does not introduce new penalties, ongoing non-compliance with anti-siphoning rules could result in further regulatory or legal action, potentially leading to penalties under the Broadcasting Services Act or other relevant legislation.

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Media & Entertainment Law
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Direction
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Regulatory Standards
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.