Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2016)

Administered by Department of Communications and the Arts

Legislation au F2016L01608 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 2016)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2016) (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 the 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 those events to be premiered on a ‘free-to-air’ television digital multichannel.

 

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 purpose of the Notice is to remove from the current anti-siphoning list each race of the Fédération Internationale de Motocyclisme Moto GP (Moto GP) held in Australia in 2016. The event to be removed is specified as an exception to clause 12.2 of the Schedule to the Principal Notice, as amended by the Notice.

 

This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to this event Network Ten to premiere coverage of the ‘delisted’ events on a digital multichannel.

 

Removing this event from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of the event, and enhance the viewing experience for Australian audiences.”

 

2016 Moto GP

 

The Moto GP is the premier international motorcycle road racing event. In 2016 it comprises races at 18 circuits in 14 different countries. The Australian race will be held on 23 October on the Phillip Island Grand Prix Circuit. Practice and qualifying sessions will also take place on 21 and 22 October, which are not considered to be a ‘race’ for the purposes of the Principal Notice. The Notice will remove from the Principal Notice each race of the Moto GP that is held in Australia in 2016.

 

Consultation

 

The office of the Minister for Communications has consulted with Network Ten, Foxtel and the Australian Grand Prix Corporation in relation to the Notice. Network Ten holds the free-to-air broadcast rights and Foxtel holds subscription broadcast rights to the 2016 Moto GP. 

 

Notes on Clauses

 

Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2016).

 

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

 

Section 3 provides that 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 Schedule 1 to the Notice repeals clause 12.2 of the Schedule to the Principal Notice and substitutes it with a new clause 12.2. The effect of the amendment is that each race of the Moto GP held in Australia in 2016 is excluded from the anti‑siphoning list. All races held as part of the Moto GP in future years will continue to be specified in clause 12.2 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. 10 of 2016) (the Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to exclude from the Principal Notice each race of the Fédération Internationale de Motocyclisme Moto GP (Moto GP) held in Australia in 2016.

 

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 Moto GP races from the anti‑siphoning list, as set out in the Notice, will give relevant free-to-air broadcasters greater flexibility to provide live coverage of this event. 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 motorcycle road racing.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2016) was enacted by the Minister for Communications under subsection 115(2) of the Broadcasting Services Act 1992 (BSA). This legislative instrument aims to amend the Broadcasting Services (Events) Notice (No. 1) 2010 by removing certain Fédération Internationale de Motocyclisme Moto GP races held in Australia in 2016 from the anti-siphoning list. This amendment was made to provide greater flexibility to free-to-air broadcasters, allowing them to premiere coverage of the specified events on digital multichannels, thereby enhancing the viewing experience for Australian audiences. The policy objective behind the Notice is to ensure that specified events remain accessible to the Australian public while also facilitating the broadcasters' flexibility in providing live coverage. The Broadcasting Services Act 1992 was enacted by the Commonwealth Parliament to regulate broadcasting services in Australia. The anti-siphoning list, or the Principal Notice, specifies events that should be televised free to the general public. By allowing certain Moto GP races to be removed from this list, the amendment provides an exception to the usual restrictions, thereby promoting freedom of expression and cultural rights in line with Australia’s international human rights obligations. This amendment is consistent with the principles outlined in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2016) pertains to the removal of specific events from the anti-siphoning list, allowing these events to be premiered on a ‘free-to-air’ television digital multichannel. This amendment, made under subsection 115(2) of the Broadcasting Services Act 1992, specifically targets each race of the Fédération Internationale de Motocyclisme Moto GP held in Australia in 2016. The purpose of this legislative instrument is to provide free-to-air broadcasters with greater flexibility in their coverage of these events, ultimately enhancing the viewing experience for Australian audiences. The amendment does not affect any other events listed in the anti-siphoning list, which continues to regulate the broadcasting of other significant events to ensure they remain accessible to the general public. The application of this amendment is limited to the events specified and does not extend to any other broadcasting activities or events outside the scope of this notice.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2016) (the Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to remove certain events from the anti-siphoning list. Specifically, it removes each race of the Fédération Internationale de Motocyclisme Moto GP (Moto GP) held in Australia in 2016 from the list of events that must be televised free-to-air. This amendment is made under subsection 115(2) of the Broadcasting Services Act 1992 (the BSA). The Notice aims to provide Network Ten, the free-to-air broadcaster holding the rights for these events, with greater flexibility to premiere coverage on a digital multichannel, thereby enhancing the viewing experience for Australian audiences. The Notice imposes obligations on broadcasters, particularly those with subscription rights, by allowing them to acquire rights to televise Moto GP races held in Australia in 2016 ahead of free-to-air broadcasters, as these races have been removed from the anti-siphoning list. This amendment means that subscription broadcasters are no longer restricted from acquiring rights to these specific events. For free-to-air broadcasters, the amendment allows them to show these events on their digital multichannels without the requirement to simulcast on their main channels, providing more flexibility in their programming. The Notice also maintains restrictions on televising anti-siphoning events on digital channels for all other events listed in the anti-siphoning list. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this Notice. However, the broadcasting sector is subject to regulatory oversight by the Australian Communications and Media Authority (ACMA), which ensures compliance with broadcasting standards and licence conditions. Broadcasters must still adhere to other relevant provisions of the BSA and associated regulations, which may include penalties for non-compliance with broadcasting standards or licence conditions. The Notice itself primarily focuses on modifying the anti-siphoning list to facilitate greater flexibility for broadcasters rather than imposing new penalties or consequences for breaches.

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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.