Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 11 of 2011)

Administered by Department of Communications and the Arts

Legislation au F2011L01825 Not in force Legislative Instrument

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 Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 11 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. 11 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 three matches to be played as part of the 2011 Australian Football League Premiership competition.

 

The events to be removed are specified in Item 4.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

2011 Australian Football League Premiership competition

 

The 2011 Australian Football League Premiership competition, held between 24 March 2011 and 1 October 2011, comprises 24 weekly rounds and a Finals Series.

 

This Notice will remove from the Principal Notice certain matches to be played as part of the 2011 Australian Football League Premiership Finals Series, specifically: the matches to be played on Friday 9 September 2011, Friday 16 September 2011 and Friday 23 September 2011.

 

This will allow (but not require) the free-to-air broadcasters that hold the broadcast rights to these matches (the Seven Network and its affiliates) to premiere these events on a digital multichannel. 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. 11 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 adding a new paragraph (e) after the end of Item 4.1(d) of the Schedule to the Principal Notice.

 

The new paragraph creates a specific exception to the general specification of Australian Football League events that are included in the anti‑siphoning list.

 

The new exception set out in paragraph (e) relates to the matches to be played on Friday 9 September 2011, Friday 16 September 2011 and Friday 23 September 2011 as part of the Finals Series of the 2011 Australian Football League Premiership competition.

 

Consultation

 

Consultation was undertaken with the Seven Network, Foxtel, Austar, Premier Media Group and the Australian Football League following the Seven Network’s request to the Minister that the specified matches be removed from the anti-siphoning list. The Seven Network holds the free-to-air broadcast rights to the matches affected by this Notice.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 11 of 2011) was enacted to address the need to adjust the anti-siphoning list under the Broadcasting Services Act 1992. This adjustment permits the premiere of certain Australian Football League (AFL) Finals Series matches on a free-to-air digital multi-channel, allowing for greater accessibility to live coverage. The Notice was issued by the Minister for Broadband, Communications and the Digital Economy and aims to amend the existing anti-siphoning list to exclude specific AFL matches from the 2011 Finals Series. This amendment was made in response to a request from the Seven Network, which holds the broadcast rights to these matches, and after consultation with relevant stakeholders including Foxtel, Austar, Premier Media Group, and the Australian Football League. The policy objective is to enhance viewer access to live sporting events by permitting their broadcast on digital multi-channels before they appear on primary channels, thereby potentially increasing the number of viewers who can watch these events live.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 11 of 2011) applies to the Minister for Broadband, Communications and the Digital Economy, who has the authority to amend the anti-siphoning list under subsection 115(2) of the Broadcasting Services Act 1992. This amendment specifically targets the removal of certain Australian Football League events from the anti-siphoning list, allowing these events to be premiered on free-to-air digital multi-channels. The Notice amends the Broadcasting Services (Events) Notice (No. 1) 2010 to exclude three particular matches from the 2011 Australian Football League Premiership Finals Series, scheduled for 9, 16, and 23 September 2011. These matches, broadcast by the Seven Network, can now be shown on digital multi-channels without the restrictions that apply to the anti-siphoning events, potentially increasing viewer access to live coverage. The amendment is expected to enhance viewer experience by allowing live streaming of these events on digital platforms, thereby reaching a broader audience who might otherwise miss the live broadcast on the primary channel due to scheduling constraints.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 11 of 2011) serves to modify the Broadcasting Services (Events) Notice (No. 1) 2010, which is the anti-siphoning list under section 115 of the Broadcasting Services Act 1992 (BSA). This amendment is made under the authority of the Minister for Broadband, Communications, and the Digital Economy. The primary purpose of this amendment is to exclude certain Australian Football League (AFL) matches from the anti-siphoning list, thereby permitting their broadcast on free-to-air digital multichannels. Specifically, the matches scheduled for Friday, 9 September 2011, Friday, 16 September 2011, and Friday, 23 September 2011, as part of the 2011 AFL Premiership Finals Series, are removed from the anti-siphoning list. This removal allows the Seven Network, which holds the free-to-air broadcast rights to these matches, to premiere them on its digital multichannels. The obligations imposed by this amendment pertain primarily to broadcasters, particularly subscription and free-to-air television broadcasters. Subscription television broadcasters, such as Foxtel and Austar, are no longer restricted from acquiring rights to the specified AFL matches ahead of free-to-air broadcasters. Free-to-air broadcasters, including the Seven Network and its affiliates, now have the flexibility to premiere these matches on their digital multichannels. Additionally, the amendment ensures that these broadcasters comply with any other relevant restrictions and conditions under the BSA, such as the requirement to simulcast or show these events on their primary channels during specific periods. In terms of legal consequences, the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 11 of 2011) does not explicitly introduce new offences, penalties, or consequences for breach. However, any breach of the BSA's provisions related to anti-siphoning events could lead to enforcement actions by the Australian Communications and Media Authority (ACMA). Under section 141 of the BSA, the ACMA can issue infringement notices for breaches of the Act, with penalties up to $11,000 for individuals and $55,000 for corporations. Additionally, serious breaches may be subject to court proceedings, resulting in more severe penalties. Broadcasters must ensure compliance with the BSA's anti-siphoning requirements and any other relevant broadcasting regulations to avoid such consequences.

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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.