Broadcasting Services (Events) Notice (No. 1) 2004

Administered by Department of Communications and the Arts

Legislation au F2004B00499 Not in force Legislative Instrument

Legislation content

Broadcasting Services (Events) Notice (No. 1) 2004

as amended

made under subsection 115 (1) of the

Broadcasting Services Act 1992

This compilation was prepared on 1 October 2010
taking into account amendments up to Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 2 of 2010)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1]

 2 Commencement [see Note 1]

 3 Revocation 

 4 Events of a kind the televising of which should be available free to the general public             

Schedule 1  

Schedule 2  

Notes  

 

 

 

1 Citation [see Note 1]

  This Notice may be cited as the Broadcasting Services (Events) Notice (No. 1) 2004.

2 Commencement [see Note 1]

  This Notice commences on the date of signature.

3 Revocation

  The Broadcasting Services (Events) Notice No 1 of 1994 is revoked.

4 Events of a kind the televising of which should be available free to the general public

  The events specified in the Schedules are events, or events of a kind, the televising of which should, in my opinion, be available free to the general public.

Schedule 1  

 

The events listed below conducted during the period commencing on the date of commencement of this Notice and ending on 31 December 2005 are specified.

1 Horse Racing

1.1 Each running of the Melbourne Cup organised by the Victoria Racing Club.

2 Australian Rules Football

2.1 Each match in the Australian Football League Premiership competition, including the Finals Series.

2.2 Each Australian Football League State of Origin match.

3 Rugby League Football

3.1 Each match in the National Rugby League Premiership competition, including the Finals Series.

3.2 Each match in the National Rugby League State of Origin Series.

3.3 Each international rugby league “test” match involving the senior Australian representative team selected by the Australian Rugby League, whether played in Australia or overseas.

3.4 Any other match involving the senior Australian representative team selected by the Australian Rugby League, whether played in Australia or overseas.

4 Rugby Union Football

4.1 Each international “test” match involving the senior Australian representative team selected by the Australian Rugby Union, whether played in Australia or overseas.

4.2 Each match in the Hong Kong Sevens Tournament.

5 Cricket

5.1 Each “test” match involving the senior Australian representative team selected by Cricket Australia, whether played in Australia or overseas, other than a match of that kind played in New Zealand in February or March 2005.

5.2 Each one day cricket match (including World Series Cricket matches) involving the senior Australian representative team selected by Cricket Australia, whether played in Australia or overseas, other than a match of that kind played in England in September 2004 or in New Zealand in February or March 2005.

5.3 Each World Cup one day cricket match.

6 Soccer

6.1 Each finals match in the Ericsson Cup competition organised by the National Soccer League.

6.2 The English Football Association Cup final.

7 Tennis

7.1 Each match in the Australian Open tennis tournament.

7.2 Each match in the Wimbledon (the Lawn Tennis Championships) tournament.

7.3 Each match in the French Open tennis tournament.

7.4 Each match in the United States Open tennis tournament.

7.5 Each match in the AAPT Championships tennis tournament held in Adelaide.

7.6 Each match in the Uncle Tobys Hardcourts tennis tournament held in Brisbane.

7.7 Each match in the Adidas International tennis tournament.

7.8 Each match in each tie in the Davis Cup tennis tournament when an Australian representative team is involved.

8 Netball

8.1 Each international netball match involving the senior Australian representative team selected by the All Australian Netball Association, whether played in Australia or overseas.

9 Basketball

9.1 Each match in the Australian National Basketball League playoffs.

10 Golf

10.1 Each round of the Australian Masters tournament.

10.2 Each round of the Australian Open tournament.

10.3 Each round of the United States Masters tournament.

10.4 Each round of the United States Open tournament.

10.5 Each round of the United States Professional Golf Association Championship tournament.

10.6 Each round of the British Open tournament.

11 Motor Sports

11.1 Each race in the Fédération Internationale de l’Automobile Formula 1 World Championship (Grand Prix).

11.2 Each race in the Moto GP.

11.3 Each race in the V8 Supercar Championship Series (including the Bathurst 1000).

11.4 Each race in the Champ Car World Series (IndyCar) held in Australia.

Schedule 2  

 

The events listed below conducted during the period commencing on 1 January 2006 and ending on 31 December 2010 are specified.

1 Olympic Games

1.1 Each event held as part of the Olympic Games.

2 Commonwealth Games

2.1 Each event held as part of the Commonwealth Games, 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.

3 Horse Racing

3.1 Each running of the Melbourne Cup organised by the Victoria Racing Club.

4 Australian Rules Football

4.1 Each match in the Australian Football League Premiership competition, including the Finals Series.

5 Rugby League Football

5.1 Each match in the National Rugby League Premiership competition, including the Finals Series.

5.2 Each match in the National Rugby League State of Origin Series.

5.3 Each international rugby league “test” match involving the senior Australian representative team selected by the Australian Rugby League, whether played in Australia or overseas.

6 Rugby Union Football

6.1 Each international “test” match involving the senior Australian representative team selected by the Australian Rugby Union, whether played in Australia or overseas.

6.2 Each match in the Rugby World Cup tournament.

7 Cricket

7.1 Each “test” match involving the senior Australian representative team selected by Cricket Australia played in either Australia or the United Kingdom.

7.2 Each one day cricket match involving the senior Australian representative team selected by Cricket Australia played in Australia or the United Kingdom.

7.3 Each one day cricket match involving the senior Australian representative team selected by Cricket Australia played as part of a series in which at least one match of the series is played in Australia.

7.4  Each World Cup one day cricket match.

8 Soccer

8.1 The English Football Association Cup final.

8.2 Each match in the Fédération Internationale de Football Association World Cup tournament held in 2006.

8.3 Each match in the Fédération Internationale de Football Association World Cup tournament held in 2010 except for the following matches in the Group Stage:

 (a) for Group A, the  match between France and South Africa;

 (b) for Group B, the match between Nigeria and the Korea Republic;

 (c) for Group C, the match between the United States of America and Algeria;

 (d) for Group D, the match between Ghana and Germany;

 (e) for Group E, the match between Denmark and Japan;

 (f) for Group F, the match between Paraguay and New Zealand;

 (g) for Group G, the match between Korea DPR and Côte d’Ivoire; and

 (h)  for Group H, the match between Switzerland and Honduras.

9 Tennis

9.1 Each match in the Australian Open tennis tournament.

9.2 Each match in the Wimbledon (the Lawn Tennis Championships) tournament.

9.3 Each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the French Open tennis tournament.

9.4 Each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the United States Open tennis tournament.

9.5 Each match in each tie in the Davis Cup tennis tournament when an Australian representative team is involved.

10 Netball

10.1 Each international netball match involving the senior Australian representative team selected by the All Australian Netball Association, whether played in Australia or overseas.

11 Golf

11.1  Each round of the Australian Masters tournament.

11.2 Each round of the Australian Open tournament.

11.3 Each round of the United States Masters tournament.

11.4 Each round of the British Open tournament.

12 Motor Sports

12.1 Each race in the Fédération Internationale de l’Automobile Formula 1 World Championship (Grand Prix) held in Australia.

12.2 Each race in the Moto GP held in Australia.

12.3 Each race in the V8 Supercar Championship Series (including the Bathurst 1000).

12.4 Each race in the Champ Car World Series (IndyCar) held in Australia.

Notes to the Broadcasting Services (Events) Notice (No. 1) 2004

Note 1

The Broadcasting Services (Events) Notice (No. 1) 2004 (in force under subsection 115 (1) of the Broadcasting Services Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Broadcasting Services (Events) Notice (No. 1) 2004

19 May 2004
(see Gazette 2004, No. GN20)

11 May 2004

 

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

7 July 2004
(see Gazette 2004, No. GN27)

16 June 2004

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

15 Dec 2004
(see Gazette 2004, No. GN50)

1 Dec 2004

Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 1 of 2005)

18 Mar 2005 (see F2005L00721)

19 Mar 2005

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

19 May 2010 (see F2010L01323)

20 May 2010

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

30 Sept 2010 (see F2010L02568)

1 Oct 2010

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 1

 

C. 5.1................

am. 2004 Nos. 1 and 2

C. 5.2................

am. 2004 Nos. 1 and 2

Schedule 2

 

C. 2.1................

rs. 2010 No. 2

C. 8.3................

ad. 2005 No. 1

 

rs. 2010 No. 1

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2004, made under subsection 115(1) of the Broadcasting Services Act 1992, aims to address the issue of ensuring certain significant sporting, cultural, and major public interest events are freely available to the general public through televised broadcasts. This legislative instrument was enacted by the relevant legislature and identifies the policy objective of promoting public access to important events. The Notice revokes the previous Broadcasting Services (Events) Notice No 1 of 1994 and specifies events, including major sporting events like the Melbourne Cup, Australian Football League Finals, and international cricket matches, that should be available free-to-air. The list of events is updated periodically to reflect changes in the sporting calendar and significant events such as the Olympic and Commonwealth Games. This Notice, which came into effect on 11 May 2004, was subsequently amended to update the events list and refine the scope of free-to-air availability. These amendments were designed to ensure the Notice remains relevant and continues to meet its policy objective of providing public access to significant events. The Notice applies to events conducted within specified periods and is overseen by the relevant authorities under the Broadcasting Services Act 1992.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2004, made under subsection 115(1) of the Broadcasting Services Act 1992, outlines specific sporting and cultural events that should be made available free to the general public through television broadcasting. This Notice applies to events listed in the schedules, which include various sports such as Australian Rules Football, Rugby League, Cricket, and international events like the Olympic and Commonwealth Games. The Notice specifies particular matches and tournaments, extending its coverage to both domestic and international events. It applies to events occurring within Australia and those involving Australian teams or players overseas. The geographic reach of the Notice is effectively national, given Australia's federal structure, and it is subject to the overarching provisions of the Broadcasting Services Act 1992. The Notice has been amended several times, most recently in 2010, to update the events listed and adjust the scope of free-to-air broadcasting. The application of this Notice is extended and refined through these amendments, which are detailed in the accompanying schedules and tables of amendments.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2004 (section 4) specifies events or kinds of events that should be available free to the general public. These include major sports events, such as the Melbourne Cup (Schedule 1, item 1.1), the Australian Football League Premiership competition (Schedule 1, item 2.1), and international cricket matches involving the Australian team (Schedule 1, item 5.1). Additionally, the Notice covers significant cultural and sporting events like the Olympic Games (Schedule 2, item 1.1) and the FIFA World Cup (Schedule 2, item 8.2). The Notice divides these events into two schedules, with the first covering events from the commencement date of the Notice until 31 December 2005, and the second covering events from 1 January 2006 to 31 December 2010. The Notice imposes obligations on broadcasters to ensure that the listed events are available free to the general public. This means that broadcasters must carry these events on free-to-air television, without requiring viewers to pay additional fees or subscribe to premium services. Broadcasters are also required to make reasonable efforts to ensure the events are accessible to the widest possible audience, including through high-quality broadcasts and appropriate scheduling. These obligations aim to promote public access to significant cultural and sporting events, ensuring that Australians can enjoy these events without financial barriers. Failure to comply with the provisions of the Broadcasting Services (Events) Notice (No. 1) 2004 may result in enforcement actions by the Australian Communications and Media Authority (ACMA). The ACMA has the authority to investigate breaches and take action against broadcasters who do not meet their obligations. Penalties for non-compliance can include fines, public reprimands, or other corrective measures as deemed appropriate by the ACMA. The specific penalties depend on the nature and severity of the breach, but they are intended to enforce compliance and ensure the public's access to the specified events.

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