Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 12 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. 12 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 a certain event from the Principal Notice to permit that event 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 one match to be played as part of the 2011 Australian Football League Premiership competition.
The event to be removed is 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 one match to be played as part of the 2011 Australian Football League Premiership Finals Series, specifically: the match to be played on Saturday 17 September 2011 between Carlton and West Coast.
This will allow (but not require) the free-to-air broadcasters that hold the broadcast rights to this match (Network Ten and its affiliates) to premiere this event on a digital multi-channel. It is anticipated that, as a result of this amendment, many free-to-air television viewers will be able to watch live coverage of the match 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. 12 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 (f) after the end of Item 4.1(e) 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 (f) relates to the match to be played on Saturday 17 September 2011 between the Carlton Blues and West Coast Eagles as part of the Finals Series of the 2011 Australian Football League Premiership competition.
Consultation
Consultation was undertaken with Network Ten, Foxtel, Austar and the Australian Football League following Network Ten’s request to the Minister that the specified match be removed from the anti-siphoning list. Network Ten holds the free-to-air broadcast rights to the match affected by this Notice.