Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 2 of 2010)

Administered by Department of Communications and the Arts

Legislation au F2010L02568 Not in force Legislative Instrument

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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.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 2 of 2010) was introduced by the Minister for Broadband, Communications and the Digital Economy to amend the anti-siphoning list specified under the Broadcasting Services Act 1992 (BSA). The amendment was made to accommodate the scheduling needs of the free-to-air broadcaster holding the rights to the 2010 Commonwealth Games, allowing certain events to be premiered on a digital multi-channel during peak viewing hours. The purpose of the Notice was to enhance the viewing experience for Australian audiences by providing greater flexibility in the live coverage of the Games, while still ensuring compliance with the simulcast period requirements. The Minister exercised the powers under the BSA to adjust the anti-siphoning list, specifically removing certain events from the list that were to be held between 4pm and 9pm Australian Eastern Daylight Time to align with the free-to-air broadcaster’s programming schedule. This amendment reflects a policy objective to balance the interests of broadcasters and viewers during major sporting events.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 2 of 2010) is a legislative instrument made by the Minister for Broadband, Communications and the Digital Economy under the Broadcasting Services Act 1992. The purpose of this amendment to the Broadcasting Services (Events) Notice (No. 1) 2004 is to remove certain events of the 2010 Commonwealth Games from the anti-siphoning list, allowing them to be premiered on a free-to-air television digital multi-channel. This amendment aims to provide greater flexibility in the free-to-air television coverage and enhance the viewing experience for Australian audiences. The Notice applies to subscription television broadcasters, commercial television broadcasters, and national broadcasters, as well as any entity involved in the broadcast of the specified events. It is geographically applicable across Australia, with a focus on events partly or wholly held during the period commencing at 4pm and ending at 9pm Australian Eastern Daylight Time. The Notice does not specify any exclusions or exemptions and extends or restricts application through the subordinate instrument itself.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 2 of 2010) amends the anti-siphoning list to exclude certain events held during the 2010 Commonwealth Games that are partly or wholly held between 4pm and 9pm Australian Eastern Daylight Time (section 4). The purpose of this amendment is to allow the free-to-air broadcaster, Network Ten, to premiere these events on a digital multi-channel in each relevant television licence area between 5pm and 6pm (local time), while their main channel airs regularly scheduled news programming during this period. The five-hour time period specified is necessary to accommodate the differences in time zones across Australia during the Commonwealth Games. This amendment permits greater flexibility in the free-to-air television coverage and increases live coverage of the Games, enhancing the viewing experience for Australian audiences. The entities primarily governed by this Notice are commercial television broadcasters, national broadcasters, and subscription television broadcasters. The amendment imposes specific obligations on these broadcasters, particularly with respect to the events listed in Item 2.1 of Schedule 2 to the Principal Notice. For commercial and national broadcasters, the amendment allows for certain events to be televised on their digital multi-channels, provided that they are not shown during the 'simulcast period' unless they are shown simultaneously on their main channels (Part 4A of Schedule 4 to the BSA). Subscription television broadcasters are still prohibited from acquiring rights to these events ahead of the commercial and national broadcasters (section 99 of the BSA). These obligations aim to balance the need for flexible broadcasting schedules with the principles of anti-siphoning, ensuring that key events remain accessible to the broader public. Breaching the obligations set forth in the Broadcasting Services Act 1992 or the amended anti-siphoning list could lead to various consequences, including regulatory action and penalties. For instance, if subscription television broadcasters acquire rights to the specified events before the commercial or national broadcasters, they could face enforcement actions under section 99 of the BSA. The specific penalties for such breaches are not detailed in the Notice but may include fines or other sanctions under the BSA. Additionally, non-compliance with the anti-siphoning provisions could result in the broadcaster being subject to review and potential fines under the relevant sections of the Act. The exact penalties are not specified in the Notice but are outlined in the BSA.

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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.