Broadcasting Services (Designated Series of Events) Declaration No. 1 of 2000

Overview

The Broadcasting Services (Designated Series of Events) Declaration No. 1 of 2000 was introduced to address the need to designate certain major international sporting events as series of events eligible for special broadcasting provisions under the Broadcasting Services Act 1992. This legislative instrument was made by the Minister for Communications, Information Technology and the Arts, under the authority granted by subsection 146C(2) of the Act. The primary purpose of this declaration is to ensure that the specified series of events—in this case, the Federation of International Football Associations (FIFA) World Cup Soccer tournaments scheduled for 2002 and 2006—are recognised as designated series of events. This recognition allows for particular broadcasting regulations and requirements to be applied, facilitating the appropriate coverage and distribution of these high-profile events across Australian broadcasting services.

Scope and Application

The Broadcasting Services (Designated Series of Events) Declaration No. 1 of 2000 is a legislative instrument made under the Broadcasting Services Act 1992, which applies to designated series of events within the scope of the Act. This declaration specifically designates the Federation of International Football Associations (FIFA) World Cup Soccer tournaments for the years 2002 and 2006, including their opening ceremonies and closing presentations, as designated series of events. This means that these particular sporting events are recognised under the Act for the purposes of Part 10A, which may involve regulations regarding broadcasting services, access, and rights. The declaration applies to all broadcasters, including commercial and community television and radio services, as well as subscription television services, that might be involved in the transmission of these events within Australia. The geographic reach of the Act is national, as it applies across the Commonwealth of Australia. The declaration itself does not explicitly state any exclusions or exemptions, but the Act may contain provisions that could affect the broadcasting of these events. The application of the Act may be extended or restricted through subordinate instruments, but this particular declaration does not detail such provisions.

Key Provisions

The Broadcasting Services (Designated Series of Events) Declaration No. 1 of 2000 designates specific series of events as designated series of events under the Broadcasting Services Act 1992 (section 1). The declaration specifies that the FIFA World Cup Soccer tournaments scheduled for 2002 and 2006, including their opening ceremonies and closing presentations, are included in this designation (Schedule). This means that these events are recognised under the Act for specific broadcasting requirements and regulations (section 2). The Act imposes certain obligations on broadcasters regarding these designated series of events. Broadcasters must ensure that their services comply with the regulations set out in the Broadcasting Services Act 1992. This includes adhering to any specific rules or guidelines that may be applicable to the broadcasting of these events (section 2). Broadcasters must also ensure that they obtain the necessary permissions or licences to broadcast these events, as required by the Act. Breaching the obligations or requirements set out in the Act can result in various consequences. The Act outlines both criminal and civil penalties for non-compliance. Criminal penalties can include fines, with the maximum penalty often specified in the relevant sections of the Act. For instance, breaches of certain broadcasting regulations can result in fines up to a specified amount, depending on the severity and nature of the breach (section 4). Additionally, broadcasters found in breach of the Act may also face civil penalties, including compensation claims from affected parties. Furthermore, repeated or serious breaches of the Act can lead to more severe consequences, such as the suspension or revocation of broadcasting licences. This underscores the importance for broadcasters to fully comply with the Act's requirements to avoid such penalties. The Act also provides for enforcement actions by relevant authorities, including the Australian Communications and Media Authority, which can take steps to ensure compliance and address breaches effectively.