Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2017)

Administered by Department of Communications and the Arts

Legislation au F2017L00092 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 2017)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2017) (the Notice) is made by the Minister for Communications (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 multichannel. The Notice also removes a spent provision from the Principal Notice.

 

The Notice is a legislative instrument for the purposes of subsection 8(2) of the Legislation Act 2003.

 

Background

 

Legislative background

 

Subsection 115(1) of the BSA provides that the Minister may make a notice that specifies events that, in the Minister’s opinion, should be televised free to the general public. An event, or an event of a kind, specified in a notice under subsection 115(1) is an ‘anti-siphoning event’ for the purposes of the definition of that term in section 6 of the BSA. The notice made under subsection 115(1) is commonly known as the ‘anti‑siphoning list’.

 

The inclusion of an event in the anti-siphoning list triggers a licence condition for subscription television broadcasters that prohibits subscription television broadcasters from acquiring rights to televise the event ahead of free-to-air 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 free-to-air commercial television broadcasters and national broadcasters with regard to televising events from the anti‑siphoning list. Such restrictions ensure that anti-siphoning events (or parts of these events) are not shown on the broadcasters’ standard definition or high definition digital television multichannels without first being shown, or being shown simultaneously, on the broadcasters’ main channels (see Part 4A of Schedule 4 to the BSA). These restrictions continue to apply now that the ‘simulcast period’ has concluded.

 

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 Notice amends the Principal Notice to remove each match of the 2017 International Tennis Federation Davis Cup World Group tournament (the ‘Davis Cup’) involving an Australian representative team. The events to be removed are those specified as exceptions in clause 9.4 of the Schedule to the Principal Notice, as amended by this Notice. The Notice also removes a spent provision from the Principal Notice concerning past 2016 Davis Cup events.

 

2017 Davis Cup

 

The Davis Cup tournament is the premier international teams event in men’s tennis. The Australian representative team will compete against the Czech Republic representative team in Australia between 3 and 5 February 2017 (inclusive). If the Australian team progresses through the tournament, it will also compete in one or more additional ties (elimination rounds) to be held in 2017.

 

The Notice will remove from the Principal Notice the matches in the ties involving the Australian representative team in the 2017 Davis Cup World Group tennis tournament. This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these events (the Seven Network and its affiliated broadcasters) to premiere the events on a digital multichannel.

 

Removing the events from the anti-siphoning list will provide flexibility in the free‑to-air television coverage of the matches in question and thus enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister for Communications consulted with the Seven Network and Tennis Australia in relation to this Notice. The Seven Network holds the Australian free-to-air broadcast rights to the 2017 Davis Cup tennis tournament.

 

Notes on Clauses

 

Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2017).

 

Section 2 provides that the Notice will commence on the day it is registered on the Federal Register of Legislation.

 

Section 3 provides that the Notice is made under subsection 115(2) of the BSA.

 

Section 4 provides that the Principal Notice is amended in accordance with the item contained in Schedule 1 to the Notice.


Schedule 1 - Amendments

 

Item 1 of the Schedule repeals the existing clause 9.4 of the Schedule to the Principal Notice and substitutes it with a new clause 9.4.

 

The effect of the amendment is to exclude from the anti-siphoning list any matches in any of ties of the 2017 International Tennis Federation Davis Cup World Group tennis tournament involving the Australian representative team.

 

The replacement clause 9.4 no longer contains the previously specified exclusion dealing with matches of the 2016 International Tennis Federation Davis Cup World Group tennis tournament involving Australian representative teams. As those matches have been played, the exclusion is spent and no longer required.

 

Any other matches in any of ties of the International Tennis Federation Davis Cup World Group involving Australian representative teams will continue to be specified in clause 9.4 of the Schedule to the Principal Notice.

 

 


Statement of Compatibility with Human Rights

 

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

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2017) (the Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to exclude from the Principal Notice each match of the 2017 International Tennis Federation Davis Cup World Group tournament involving an Australian representative team.

 

The purpose of the Principal Notice, also known as the ‘anti-siphoning list’, is to ensure that specified events are televised free to the Australian public. The removal of certain 2017 Davis Cup matches from the anti‑siphoning list, as set out in the Notice, will give relevant free-to-air broadcasters greater flexibility and increase live coverage of those matches. This will enhance the viewing experience for Australian audiences.

 

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 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 Davis Cup matches.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2017) was enacted under the Broadcasting Services Act 1992 and serves to address the issue of broadcasting rights for certain sports events, specifically those matches of the 2017 International Tennis Federation Davis Cup World Group tournament involving the Australian representative team. This amendment was introduced to provide flexibility to free-to-air broadcasters, particularly the Seven Network, which holds the broadcast rights to the event, by allowing them to premiere these matches on a digital multichannel rather than being restricted to their primary channel. The Minister for Communications issued this notice under the authority granted by subsection 115(2) of the BSA, with the policy objective of enhancing the viewing experience for Australian audiences by providing more comprehensive coverage of the matches. The Notice was developed in consultation with relevant stakeholders, including the Seven Network and Tennis Australia, and removes the specified Davis Cup matches from the anti-siphoning list, thus allowing the Seven Network to offer more extensive coverage of these events. Additionally, the Notice removes a spent provision concerning past 2016 Davis Cup events, streamlining the regulations and ensuring they remain relevant and effective. The Statement of Compatibility with Human Rights confirms that the amendment aligns with Australia's commitments under international human rights treaties by promoting freedom of expression and cultural rights.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2017) applies to the events specified in the anti-siphoning list under the Broadcasting Services Act 1992, particularly removing certain matches of the 2017 International Tennis Federation Davis Cup World Group tournament involving the Australian representative team from the list. This amendment aims to allow free-to-air broadcasters, specifically the Seven Network and its affiliated broadcasters, greater flexibility in premiering these events on digital multichannels, thereby enhancing the viewing experience for Australian audiences. The Notice is made under the authority of the Minister for Communications and affects entities involved in the broadcasting of the specified events. The geographic reach of this legislation is national, as it pertains to events broadcast across Australia. The Notice does not introduce any new exclusions or thresholds but removes a spent provision related to past 2016 Davis Cup events. The amendment to the anti-siphoning list is made through the Notice, which serves as a legislative instrument under the Legislation Act 2003.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2017) amends the original Broadcasting Services (Events) Notice (No. 1) 2010, commonly known as the 'anti-siphoning list'. This amendment removes the 2017 International Tennis Federation Davis Cup World Group tournament matches involving an Australian representative team from the anti-siphoning list, allowing the Seven Network, which holds the free-to-air broadcast rights, to premiere these events on a digital multichannel (section 4). The amendment also removes a spent provision concerning past 2016 Davis Cup events. This Act imposes obligations on broadcasters, particularly those with free-to-air broadcast rights, to provide greater flexibility in their coverage of the specified Davis Cup matches. It ensures that these events are accessible to the Australian public without being restricted to the broadcasters' main channels. Additionally, the amendment requires broadcasters to comply with the new stipulations regarding the anti-siphoning list, thereby maintaining the balance between anti-siphoning requirements and the flexibility to enhance viewing experiences. Breaches of the conditions set out in the Broadcasting Services Act 1992 may result in civil and criminal penalties. While the Notice itself does not explicitly detail penalties, violations of the anti-siphoning provisions, which the Notice modifies, can lead to significant fines for broadcasters. The maximum penalties for contravening anti-siphoning requirements can include substantial monetary fines, reflecting the importance of these regulations in maintaining equitable access to significant events for the public.

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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.