Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2004
(Amendment No. 2 of 2010)
Issued by the Authority of the Minister for Broadband, Communications
and the Digital Economy
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 2 of 2010) (the Notice) is made by the Minister for Broadband, Communications and the Digital Economy (the Minister) under subsection 115(2) of the Broadcasting Services Act 1992 (the BSA).
The purpose of this Notice is to amend the Broadcasting Services (Events) Notice (No. 1) 2004 (the Principal Notice) to remove certain events from the Principal Notice to permit the events to be premiered on a free-to-air television digital multi-channel.
This Notice is a legislative instrument for the purposes of subsection 6(d) of the Legislative Instruments Act 2003.
Background
Legislative background
Subsection 115(1) of the BSA provides that the Minister may, by notice in the Gazette, specify events that in the Minister’s opinion should be televised free to the public. Such a notice is commonly known as the anti-siphoning list.
The inclusion of an event in a subsection 115(1) notice triggers a licence condition for subscription television broadcasters, which prohibits the subscription television broadcasters from acquiring rights to televise the event ahead of commercial television broadcasters and national broadcasters (see section 99 of the BSA and paragraph 10(1)(e) of Schedule 2 to the BSA).
The BSA also imposes restrictions on both commercial television broadcasters and national broadcasters with regard to televising events listed on a subsection 115(1) notice. Such restrictions ensure that ant-siphoning events (or parts of those events) are not shown on the broadcasters’ standard definition or high definition television digital multi-channels without first being shown, or being shown simultaneously, on the broadcasters’ main channels during the ‘simulcast period’ (see Part 4A of Schedule 4 to the BSA). The ‘simulcast period’ is a transitional period leading up to the switch-over to digital television during which commercial television broadcasters and national broadcasters are required to transmit their broadcasting services simultaneously in analog and standard definition digital mode (see paragraphs 6(3)(c) and 19(3)(c) of Schedule 4 to the BSA, and subclauses 6(7) and 19(7) of Schedule 4 to the BSA).
Subsection 115(2) of the BSA allows the Minister to amend a notice made under subsection 115(1) of the BSA to remove an event from the notice.
The purpose of this Notice is to amend the Principal Notice to remove from the current anti-siphoning list certain events to be held as part of the 2010 Commonwealth Games. The events to be removed are those specified in Item 2.1 of Schedule 2 to the Principal Notice, as amended by this Notice.
2010 Commonwealth Games
The 2010 Commonwealth Games consists of 17 different sports with numerous individual contests in each sport, an opening ceremony and a closing ceremony.
This Notice will remove from the Principal Notice certain events held as part of the 2010 Commonwealth Games, specifically events that will be partly or wholly held from 4pm to 9pm Australian Eastern Daylight Time.
This will allow the free-to-air broadcaster that holds the broadcast rights to the 2010 Commonwealth Games (Network Ten) to premiere events on a digital multi-channel in each relevant television licence area between 5pm and 6pm (local time), whilst regularly scheduled news programming is broadcast on its main channel during this time. The five hour time period specified in clause 4 of this Notice is necessary to accommodate differences in time zones across Australia during the period that the 2010 Commonwealth Games will be held.
Removing these events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage and increase live coverage of the 2010 Commonwealth Games. This will enhance the viewing experience for Australian audiences.
Notes on Clauses
Clause 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 2 of 2010).
Clause 2 provides that the Notice will commence on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 is a definitions clause.
Clause 4 is the main operative clause. It provides that the Principal Notice is amended by substituting the existing Item 2.1 of Schedule 2 to the Principal Notice with a new Item 2.1.
This amendment has the effect of removing certain events from the Principal Notice, specifically, the effect of new Item 2.1 of Schedule 2 is that each event held as part of the Commonwealth Games will remain listed on the Principal Notice (for the purposes of the obligations in Part 4A of Schedule 4 to the BSA), except for any event held as part of the 2010 Commonwealth Games that is partly or wholly held during the period commencing at 4pm and ending at 9pm Australian Eastern Daylight Time.
Consultation
The free-to-air television broadcasting industry has been consulted in relation to this Notice.