Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2011)

Administered by Department of Communications and the Arts

Legislation au F2011L01907 Not in force Legislative Instrument

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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.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2011) was enacted by the Minister for Broadband, Communications and the Digital Economy under subsection 115(2) of the Broadcasting Services Act 1992. This legislative amendment was introduced to address a specific issue regarding the anti-siphoning list, which includes events that should be televised free to the general public. The primary objective was to allow a particular Australian Football League match, scheduled for 17 September 2011, to be premiered on a free-to-air digital multi-channel. This change aimed to provide more flexibility for free-to-air broadcasters, specifically Network Ten and its affiliates, to enhance viewer access to live coverage of the event. The amendment was made in response to Network Ten's request and consultations with relevant parties including Foxtel, Austar, and the Australian Football League.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2011) pertains to the Broadcasting Services Act 1992 (BSA) and applies to events that are specified by the Minister for Broadband, Communications, and the Digital Economy under the anti-siphoning provisions of the Act. This particular amendment targets a specific Australian Football League match to be played on Saturday 17 September 2011, between Carlton and West Coast, which was previously included on the anti-siphoning list. By amending the Broadcasting Services (Events) Notice (No. 1) 2010, the Minister removes this event from the list, thus permitting Network Ten and its affiliates, the holders of the free-to-air broadcast rights for this match, to premiere it on a digital multi-channel without the same restrictions that apply to other anti-siphoning events. The Notice applies nationally across Australia and is an amendment to a Commonwealth legislative instrument. It does not introduce any new exclusions or exemptions beyond those specified in the Notice itself, but it does alter the conditions for this specific event. The Notice is a legislative instrument under the Legislative Instruments Act 2003 and, as such, its application can be further extended or restricted through subordinate instruments if necessary.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2011) amends the Broadcasting Services (Events) Notice (No. 1) 2010 by removing a specific event from the anti-siphoning list. This amendment allows the event, in this case, a match between Carlton and West Coast as part of the 2011 Australian Football League Premiership Finals Series, to be premiered on a free-to-air television digital multi-channel (section 4). This means that the event will not be subject to the same broadcasting restrictions as those events listed in the anti-siphoning list, allowing it to be broadcast on a digital multi-channel before or simultaneously with its broadcast on the main channel. Under the Broadcasting Services Act 1992 (BSA), the Minister has the authority to specify events that should be televised free to the general public (section 115(1)). This inclusion in the anti-siphoning list imposes restrictions on both subscription and free-to-air broadcasters, ensuring that these events are broadcast on the broadcasters' main channels or simultaneously on their primary digital multi-channels during and after the simulcast period. However, by amending the anti-siphoning list, the Minister can also remove events from this list, thereby permitting broadcasters to premiere such events on digital multi-channels (section 115(2)). The obligations imposed by this Notice primarily affect free-to-air broadcasters holding the rights to the specified event, such as Network Ten and its affiliates, by allowing them to premiere the match on a digital multi-channel without contravening the anti-siphoning restrictions. This provides flexibility in broadcasting schedules and potentially enhances viewer access to live coverage. There are no specific offences or penalties outlined in this Notice for breaching its provisions. However, any breach of the BSA, including non-compliance with the anti-siphoning list or its amendments, could result in penalties. For example, broadcasters may face financial penalties under the BSA for contravening broadcasting restrictions or for not adhering to the anti-siphoning provisions. The exact penalties would depend on the nature and severity of the breach, but they could include fines as stipulated in the BSA.

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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.