Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2011)

Administered by Department of Communications and the Arts

Legislation au F2011L01609 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 10 of 2011)

 

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. 10 of 2011) (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 these 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 general 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 that prohibits 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 two matches to be held as part of the 2011 Tri Nations rugby union series. 

 

The events to be removed are specified in Item 6.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

2011 Tri Nations rugby union series

 

The 2011 Tri Nations rugby union series, which commenced on 23 July 2011, is being held in various locations across Australia, New Zealand and South Africa until 27 August 2011.

 

This Notice will remove from the Principal Notice certain matches to be played as part of the 2011 Tri Nations rugby union series, specifically:

  • the match to be played in New Zealand on 6 August 2011 between Australia and New Zealand; and
  • the match to be played in Australia on 27 August 2011 between Australia and New Zealand.

 

The amendment allows (but does not require) the free-to-air broadcasters that hold the broadcast rights to the matches of the 2011 Tri Nations series featuring the senior Australian representative team (the Nine Network and its affiliate stations) to premiere the two matches listed above on a digital multi-channel. It is anticipated that, as a result of this amendment, many television viewers will be able to watch live coverage of matches that would otherwise only be shown on the primary channel after a delay.

 

Notes on Clauses

 

Clause 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2011).

 

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 6.1of the Schedule to the Principal Notice with a new Item 6.1.

 

This amendment has the effect of removing the specified events from the Principal Notice. As amended, all rugby union international test matches involving the senior Australian representative team that are played in Australia, New Zealand, South Africa or Europe will remain listed on the Principal Notice, except for the matches to be played between Australia and New Zealand on 6 August 2011 and 27 August 2011. These matches are scheduled to be played in New Zealand and Australia, respectively.

 

Consultation

 

Consultation was undertaken with the Nine Network and Foxtel following the Nine Network’s request to the Minister that two matches of the 2011 Tri Nations rugby union series, being held on 6 August 2011 and 27 August 2011, be removed from the anti-siphoning list. The Nine Network holds the free-to-air broadcast rights to the matches of the 2011 Tri Nations rugby union series that involve Australia.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2011) was enacted under the Broadcasting Services Act 1992 (BSA) and is an amendment made by the Minister for Broadband, Communications and the Digital Economy to address a specific issue regarding the televising of certain events. The BSA originally established a list of events, known as the anti-siphoning list, which must be televised free-to-air to ensure public access. However, the 2011 Tri Nations rugby union series presented a unique situation where two specific matches, held on 6 August 2011 and 27 August 2011, were scheduled to be played outside Australia, which complicated the broadcasting arrangements. The amendment aims to permit these specific matches to be premiered on a free-to-air digital multi-channel, facilitating greater access for viewers who might not otherwise have the opportunity to watch live coverage. This change was made following consultation with relevant broadcasters, particularly the Nine Network, which holds the broadcast rights for the series.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2011) is an amendment made under the Broadcasting Services Act 1992 (BSA) by the Minister for Broadband, Communications and the Digital Economy. This amendment serves to modify the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice), specifically to remove two rugby union matches from the anti-siphoning list. The anti-siphoning list is a schedule of events that are designated for free-to-air television broadcast to the general public, preventing subscription television services from acquiring exclusive rights to these events ahead of free-to-air broadcasters. By amending the Principal Notice, the Minister aims to permit the free-to-air broadcasters holding the rights to the 2011 Tri Nations rugby union series, namely the Nine Network and its affiliate stations, to premiere the specified matches on a digital multi-channel, thereby allowing live coverage of these matches to reach a broader audience without delay. The amendment applies to the events scheduled for 6 August 2011 between Australia and New Zealand in New Zealand, and 27 August 2011 between the same teams in Australia, removing them from the anti-siphoning list while retaining other matches of the series on the list. This legislative instrument is registered on the Federal Register of Legislative Instruments and operates under the authority granted by subsection 115(2) of the BSA.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2011) amends the Broadcasting Services (Events) Notice (No. 1) 2010 by removing two specific matches from the anti-siphoning list. This amendment allows free-to-air broadcasters to premiere these matches on a digital multi-channel, which would otherwise have been restricted to the main channel (section 4). These matches are the Tri Nations rugby union matches between Australia and New Zealand scheduled for 6 August 2011 in New Zealand and 27 August 2011 in Australia. The removal of these matches from the anti-siphoning list means that they can be shown on digital multi-channels before or simultaneously with their broadcast on the main channel, providing more immediate access to live coverage for viewers. The obligations imposed by this Notice primarily concern broadcasters who hold the rights to televise events listed in the anti-siphoning list. Under the Broadcasting Services Act 1992 (BSA), these broadcasters are required to show the events on their primary channels during the simulcast period and ensure they are shown first or simultaneously on their primary digital multi-channels. With the removal of the two specified matches from the anti-siphoning list, free-to-air broadcasters, such as the Nine Network, are no longer bound by these restrictions for these matches. Instead, they are permitted to broadcast these matches on their digital multi-channels, subject to their rights and agreements. There are no specific offences, penalties, or consequences mentioned in this Notice for breaching its provisions. However, breaches of the BSA's anti-siphoning requirements, such as showing restricted events on digital multi-channels without proper simulcast on the primary channel, could lead to enforcement actions by the Australian Communications and Media Authority (ACMA). Such actions may include fines, public warnings, or other penalties as determined under the BSA. The maximum penalties for breaches of the BSA can be significant, including fines up to $210,000 for corporations and $42,000 for individuals, depending on the nature and severity of the breach. These penalties reflect the importance of complying with broadcasting regulations to ensure equitable access to significant events for the general 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.