Explanatory Statement
BROADCASTING SERVICES (EVENTS) NOTICE (No. 1) 2004
(AMENDMENT No. 1 OF 2005)
Issued by the authority of the Minister for Communications, Information Technology and the Arts
Purpose
This Notice amends the pay TV anti-siphoning list (contained in the Broadcasting Services (Events) Notice (No. 1) 2004), to add to the list each match in the Fédération Internationale de Football Association (FIFA) World Cup tournament held in 2010.
Anti-siphoning rules
The Broadcasting Services Act 1992 (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, the televising of which the Minister for Communications, Information Technology and the Arts considers should be 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 list is now registered on the Federal Register of Legislative Instruments (FRLI) under the Legislative Instruments Act 2003.
Subsection 115(1A) of the Act empowers the Minister, by Notice published in the Gazette, to amend a Notice under subsection 115(1) to specify an additional event to be included on the anti-siphoning list, if the Minister is of the opinion that the televising of that event should be available free to the public.
The 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 which prevents 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.
The Notice is a disallowable legislative instrument for the purposes of the Legislative Instruments Act. The Notice will be registered on FRLI, and will take effect the day after it is registered.
Each match in the FIFA World Cup tournament to be held in 2006 is listed on the anti-siphoning list (at item 8.2 of Schedule 2). The Minister has decided to amend the Broadcasting Services (Events) Notice (No. 1) 2004 to include each match in the subsequent FIFA World Cup tournament, to be held in 2010. The Minister has formed the opinion that the televising of these events should be available free to the public.
The addition of each match in the 2010 FIFA World Cup tournament to the anti‑siphoning list follows extensive consideration and discussion of the issue by the Senate Environment, Communications, Information Technology and the Arts Committee, both during its 2004-05 Additional Estimates hearings in February 2005, and in hearings associated with its inquiry into the Broadcasting Services Act (Anti‑Siphoning) Bill 2004. These hearings featured input and submissions from all major stakeholders associated with the operation of the anti-siphoning scheme. For this reason, no additional consultation has been undertaken by the Government.
Notes on Clauses
Clause 1 of the Notice provides for the Broadcasting Services (Events) Notice (No. 1) 2004 to be amended.
Clause 2 inserts new Item 8.2 into Schedule 2 of the Broadcasting Services (Events) Notice (No. 1) of 1994. New Item 8.2 adds to the anti-siphoning list each match in the FIFA World Cup tournament held in 2010.