Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2012)

Administered by Department of Communications and the Arts

Legislation au F2012L00032 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Broadcasting Services Act 1992

 

Broadcasting Services (Events) Notice (No. 1) 2010

(Amendment No. 1 of 2012)

 

 

Issued by the Authority of the Minister for Broadband, Communications

and the Digital Economy

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2012) (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) 2010 (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 that 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 anti-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). Similar restrictions apply after the end of the simulcast period to ensure that events on the anti-siphoning list are shown first, or shown simultaneously, on commercial television and national broadcasters’ primary digital multi-channels.

 

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 certain matches of the 2012 Australian Open tennis tournament from the current anti-siphoning list. The events to be removed are those specified in Item 9.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

2012 Australian Open

 

The 2012 Australian Open is a Grand Slam tennis tournament that will be held between 16 January and 29 January 2012 in Melbourne. It will consist of men’s and women’s singles competitions; men’s, women’s and mixed doubles competitions; and various juniors’ and wheelchair events.

 

This Notice will remove from the Principal Notice certain events held as part of the 2012 Australian Open, specifically all matches of the 2012 Australian Open except for the men’s and women’s singles finals .

 

This will allow the free-to-air broadcaster that holds the broadcast rights to the 2012 Australian Open (the Seven Network) to premiere events on a digital multichannel in each relevant television licence area while regularly-scheduled programming is broadcast on its main channel.

 

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 2012 Australian Open. 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) 2010 (Amendment No. 1 of 2012).

 

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 9.1 of the Schedule to the Principal Notice with a new Item 9.1.

 

This amendment has the effect of removing certain events from the Principal Notice; specifically, the effect of new Item 9.1 of the Schedule is that each match of the Australian Open will remain listed on the Principal Notice (for the purposes of the obligations in Part 4A of Schedule 4 to the BSA), except for all matches held as part of the2012 Australian Open except for the men’s and women’s singles finals.

 

 

 

Consultation

 

Consultation was undertaken with the Seven Network in relation to this Notice following their request to the Minister to have the 2012 Australian Open tennis tournament removed from the anti-siphoning list.  

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2012)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Legislative Instrument amends the Broadcasting Services (Events) Notice (No. 1) 2010 (commonly known as the anti-siphoning list) to remove certain matches from the 2012 Australian Open tournament which has the effect of permitting the events to be premiered on a free-to-air television digital multi-channel.

 

This Legislative Instrument is consistent with Australia’s reservation that regulation of television broadcasting in the public interest with the object of providing the best possible broadcasting services to the Australian people is compatible with Article 19 of the International Covenant on Civil and Political Rights (one of the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011) of which Australia is a signatory.

 

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 2012 Australian Open. This will enhance the viewing experience for Australian audiences.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Stephen Michael Conroy

Minister for Broadband, Communications and the Digital Economy

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2012) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010, commonly referred to as the anti-siphoning list, which is made under subsection 115(1) of the Broadcasting Services Act 1992 (BSA). This amendment was introduced to allow for greater flexibility in the coverage of certain events by permitting their premiere on a free-to-air television digital multi-channel. Specifically, the amendment removes certain matches from the 2012 Australian Open tennis tournament, except for the men’s and women’s singles finals, from the anti-siphoning list. The purpose is to enhance the viewing experience for Australian audiences by increasing live coverage and providing broadcasters with the ability to schedule events more effectively on digital multi-channels. This amendment was issued under the authority of the Minister for Broadband, Communications and the Digital Economy and is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2012) applies to the Minister for Broadband, Communications and the Digital Economy who has the authority to amend the anti-siphoning list under the Broadcasting Services Act 1992. The Notice amends the Principal Notice to remove certain matches of the 2012 Australian Open tennis tournament from the anti-siphoning list, allowing them to be premiered on a free-to-air television digital multi-channel. The Notice applies nationally and affects all broadcasters within Australia. The Notice does not provide any exclusions or exemptions, and its application is not extended or restricted through subordinate instruments. The purpose of the Notice is to increase live coverage of the 2012 Australian Open and enhance the viewing experience for Australian audiences. The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2012) is a legislative instrument made under the Broadcasting Services Act 1992, and it is compatible with human rights as it does not raise any human rights issues. The Notice removes certain matches from the anti-siphoning list for the 2012 Australian Open tennis tournament, allowing them to be premiered on a free-to-air television digital multi-channel. The Notice applies nationally and affects all broadcasters within Australia, but it does not provide any exclusions or exemptions. The application of the Notice is not extended or restricted through subordinate instruments. The Notice was developed in consultation with the Seven Network, which holds the broadcast rights to the 2012 Australian Open.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2012) primarily amends the Broadcasting Services (Events) Notice (No. 1) 2010, also known as the anti-siphoning list, to remove certain matches of the 2012 Australian Open tennis tournament from this list. This amendment allows the free-to-air broadcaster that holds the broadcast rights to the 2012 Australian Open, the Seven Network, to premiere events on a digital multi-channel while regularly-scheduled programming is broadcast on its main channel. Specifically, under Clause 4 of the Notice, the existing Item 9.1 of the Schedule to the Principal Notice is substituted with a new Item 9.1, which excludes all matches of the 2012 Australian Open except for the men’s and women’s singles finals from the anti-siphoning list. The obligations imposed by this amendment are primarily on subscription television broadcasters, commercial television broadcasters, and national broadcasters. For subscription television broadcasters, the amendment lifts the prohibition on acquiring rights to televise the specified matches ahead of commercial television broadcasters and national broadcasters. For commercial television and national broadcasters, the amendment removes the restrictions on showing these matches on their standard definition or high definition television digital multi-channels without first showing them on their main channels during the simulcast period, and after the end of the simulcast period. There are no direct offences, penalties, or civil/criminal consequences specified for breaches of this Notice. However, the Broadcasting Services Act 1992 (BSA) under which this Notice is made does provide for various penalties for breaches of its provisions. For instance, the BSA imposes financial penalties for breaches of licence conditions, and in severe cases, it allows for the suspension or cancellation of a licence. Although this Notice does not specify penalties for its own breaches, entities governed by it must still comply with the BSA and any other relevant legislation, which may include civil and criminal penalties for non-compliance.

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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.