Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2013)

Administered by Department of Communications and the Arts

Legislation au F2013L00400 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 1 of 2013)

 

 

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 2013) (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 from the current anti-siphoning list all matches to be played as part of the 2013 Australian Football League Premiership competition, including matches to be played as part of the 2013 Finals Series but excluding the 2013 Grand Final. The events to be removed are those specified in Item 4.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

2013 Australian Football League Premiership

 

The 2013 Australian Football League Premiership competition will be held between 22 March 2013 and 28 September 2013 in various locations around Australia. It will consist of 23 rounds and a Finals Series, and will be contested by 18 teams.

 

This Notice will remove from the Principal Notice all events held as part of the 2013 Australian Football League Premiership competition, including the Finals Series but excluding the 2013 Grand Final, which will remain on the anti-siphoning list.

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to the 2013 Australian Football League Premiership (the Seven Network and its affiliates) to premiere the delisted events on a digital multi‑channel in each relevant television licence area.

 

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 2013 Australian Football League Premiership competition. 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 2013).

 

Clause 2 provides that the Notice will commence on the day 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 4.1 of the Schedule to the Principal Notice with a new Item 4.1.

 

This amendment has the effect of removing certain events from the Principal Notice. Specifically, the effect of new Item 4.1 of the Schedule is that each match of the Australian Football League Premiership competition, including the Finals Series, will remain listed on the Principal Notice, except for all matches to be played as part of the 2013 Australian Football League Premiership competition, including the Finals Series but excluding the 2013 Grand Final. That is, the Grand Final will be the only event of the 2013 Australian Football League Premiership competition that will remain on the anti-siphoning list.

 

The substituted Item 4.1 also has the effect of removing a spent provision from the Principal Notice. The spent provision of Item 4.1 specified particular events that occurred during the 2012 Australian Football League Premiership competition.

 

Statement of Compatibility with Human Rights (prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

This Notice 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. This is because the Notice promotes freedom of expression and cultural rights by facilitating greater access by all Australians to live coverage of the 2013 Australian Football League Premiership competition.

 

Australia is a signatory to the International Covenant on Civil and Political Rights (the ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (two of the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011). Article 19(2) of the ICCPR protects freedom of expression, including the right to seek, receive and impart information and ideas of all kinds, and the means of their dissemination. Article 15(1) of the ICESCR protects the right of everyone to take part in cultural life. Cultural life includes sports.

 

The purpose of the Principal Notice is to ensure that specified events are televised free to the Australian public. The removal of certain matches to be held as part of the 2013 Australian Football League Premiership competition from the anti-siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of the 2013 Premiership. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The Minister for Broadband, Communications, and the Digital Economy consulted with the Seven Network in relation to this Notice. The Seven Network holds the free-to air broadcast rights to the 2013 Australian Football League Premiership competition.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2013) was introduced to address the issue of broadcasting rights for the 2013 Australian Football League Premiership competition, particularly the ability of free-to-air broadcasters to premiere certain matches on digital multi-channels. This Notice, issued under subsection 115(2) of the Broadcasting Services Act 1992 (BSA) by the Minister for Broadband, Communications and the Digital Economy, amends the Broadcasting Services (Events) Notice (No. 1) 2010 to remove certain events from the anti-siphoning list, specifically all matches of the 2013 Australian Football League Premiership competition, including the Finals Series but excluding the Grand Final. The policy objective of this amendment is to provide free-to-air broadcasters with greater flexibility in their coverage and to increase live coverage of the competition, thereby enhancing the viewing experience for Australian audiences. This legislative instrument is designed to promote freedom of expression and cultural rights, in line with Australia's obligations under international human rights instruments.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2013) applies to subscription, commercial, and national television broadcasters in Australia, specifically those holding the rights to televise events listed in the Broadcasting Services (Events) Notice (No. 1) 2010. The purpose of the Notice is to amend the anti-siphoning list to permit certain events to be premiered on free-to-air digital multi-channels, while still ensuring that other significant events, such as the 2013 Australian Football League Grand Final, remain protected under the anti-siphoning provisions. The amendment provides flexibility to free-to-air broadcasters, allowing them to increase live coverage of the 2013 Australian Football League Premiership competition on their digital multi-channels, thus enhancing the viewing experience for Australian audiences. The Notice is applicable across the Commonwealth of Australia, and it extends to any events held during the specified period of the 2013 Australian Football League Premiership competition. The exclusion of the 2013 Grand Final from the amendment ensures that this significant event remains accessible to the public via free-to-air television. The Notice was developed following consultation with the Seven Network, which holds the free-to-air broadcast rights to the 2013 Australian Football League Premiership competition.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2013) primarily amends the Broadcasting Services (Events) Notice (No. 1) 2010 by removing certain events from the anti-siphoning list. Specifically, Clause 4 of the Notice substitutes the existing Item 4.1 of the Schedule to the Principal Notice with a new Item 4.1. This amendment removes all matches of the 2013 Australian Football League Premiership competition, including the Finals Series, from the anti-siphoning list, except for the 2013 Grand Final (Clause 4(1)). This amendment allows free-to-air broadcasters, such as the Seven Network, to premiere these delisted events on a digital multi-channel. These broadcasters still hold the free-to-air broadcast rights for the 2013 Australian Football League Premiership competition. The Notice imposes obligations on the broadcasters affected by the amendment. It allows free-to-air broadcasters, specifically the Seven Network, to show the delisted events on digital multi-channels while ensuring that the 2013 Grand Final remains on the anti-siphoning list and must be shown on the broadcasters' main channels. The Notice ensures that the anti-siphoning provisions do not unduly restrict the broadcasters' programming flexibility for the 2013 Australian Football League Premiership competition, except for the Grand Final, which must be shown free-to-air on the main channels. There are no specific offences, penalties, or consequences for breach outlined in the Notice itself. However, the Broadcasting Services Act 1992 (BSA) provides the legislative framework within which this Notice operates. Under the BSA, non-compliance with anti-siphoning provisions can lead to civil penalties, including fines. For example, contravening anti-siphoning provisions may result in fines of up to $1,000,000 for corporations and $200,000 for individuals, as per section 130 of the BSA. Additionally, the Australian Communications and Media Authority (ACMA) may take enforcement action against broadcasters who fail to comply with the anti-siphoning requirements, which could result in further penalties or sanctions.

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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.