Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2012)

Administered by Department of Communications and the Arts

Legislation au F2012L01756 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 2012)

 

 

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 2012) (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 the 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 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 for subscription television broadcasters that prohibits the 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 four rugby union “test” matches to be played as part of the 2012 ‘Four Nations’ Rugby Championship and the 2012 Bledisloe Cup.

 

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

 

The 2012 ‘Four Nations’ Rugby Championship and the 2012 Bledisloe Cup

 

The 2012 ‘Four Nations’ Rugby Championship series, which commenced on 18 August 2012, is being held in various locations across Australia, New Zealand, South Africa and Argentina until 6 October 2012. Some of these matches include matches played as part of  2012 Bledisloe Cup.

 

This Notice will remove from the Principal Notice certain international rugby union “test” matches involving the senior Australian representative team to be played in Australia and New Zealand, specifically:

  • the match to be played in New Zealand between Australia and New Zealand on 25 August 2012;
  • the match to be played in Australia between Australia and South Africa on 8 September 2012;
  • the match to be played in Australia between Australia and Argentina on 15 September 2012;
  • the match to be played in Australia between Australia and New Zealand on 20 October 2012.

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to these matches (the Nine Network and its regional affiliates) to premiere them live on a digital multi-channel in each applicable television licence area while regularly-scheduled programming is broadcast on the relevant main channels.

 

Removing these events from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of these events. This will enhance the viewing experience for Australian audiences.

 

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 2012).

 

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

 

The effect of new Item 6.1 is that each international rugby union “test” match involving the senior Australian representative team played in Australia, New Zealand, South Africa or Europe will remain listed on the Principal Notice, except for:

  • the match to be played in New Zealand between Australia and New Zealand on 25 August 2012;
  • the match to be played in Australia between Australia and South Africa on 8 September 2012;
  • the match to be played in Australia between Australia and Argentina on 15 September 2012;
  • the match to be played in Australia between Australia and New Zealand on 20 October 2012.

 

The substituted Item 6.1 also has the effect of removing spent exceptions from the Principal Notice. The spent exceptions specified events that have already occurred.

 

Statement of Compatibility with Human Rights (prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

This 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 international rugby union “test” matches contested by the senior Australian representative team.

 

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 purpose of the Principal Notice is to ensure that specific events are televised free to the Australian public. The removal of the international rugby union “test” matches to be played by the Australian team on 25 August 2012, 8 September 2012, 15 September 2012 and 20 October 2012 from the anti‑siphoning list will give free-to-air broadcasters greater flexibility in broadcasting these events and increase the live coverage of these events. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister consulted with the Nine Network in relation to this Notice. The Nine Network holds the free-to air broadcast rights to the rugby union matches affected by the Notice.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2012) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010 and address a gap in the broadcasting rights of certain rugby union test matches. This Notice, issued under subsection 115(2) of the Broadcasting Services Act 1992 by the Minister for Broadband, Communications and the Digital Economy, seeks to enhance viewing experience for Australian audiences by removing specific rugby union test matches from the anti-siphoning list, thereby permitting their premiere on free-to-air television digital multi-channels. The policy objective of this amendment is to provide greater flexibility in free-to-air television coverage, increase live coverage of these events, and ultimately improve access to sports events for the public. This amendment is in line with the promotion of freedom of expression and cultural rights as recognised by international human rights instruments, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The broadcasting landscape in Australia is governed by the Broadcasting Services Act 1992, which provides a legislative framework to regulate the broadcasting services in the country. The anti-siphoning list, established under subsection 115(1) of the Act, aims to ensure that certain events are televised free to the public, prohibiting subscription television broadcasters from acquiring rights to such events ahead of commercial television broadcasters and national broadcasters. The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2012) amends the anti-siphoning list by removing specific rugby union test matches from the list, allowing for greater flexibility in broadcasting and live coverage of these events. This legislative instrument is compatible with the human rights and freedoms recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, as it promotes freedom of expression and cultural rights by facilitating greater access to live coverage of sports events for all Australians.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2012) applies to television broadcasters in Australia and specifically targets subscription, commercial, and national broadcasters by modifying the existing anti-siphoning list under the Broadcasting Services Act 1992. This amendment was made to allow certain international rugby union "test" matches to be premiered on free-to-air digital multi-channels. The amendment removes specific matches from the anti-siphoning list, thus allowing greater flexibility for broadcasters like the Nine Network to schedule these matches on digital multi-channels while maintaining regular programming on their main channels. This change is intended to enhance the viewing experience for Australian audiences by increasing live coverage of these matches. The Notice applies nationally across Australia and is effective from the date of its registration on the Federal Register of Legislative Instruments. No exclusions or exemptions are specified in the Notice, and it does not alter the jurisdictional scope of the Broadcasting Services Act 1992. This legislative instrument is consistent with human rights, particularly the freedom of expression and cultural rights, by improving access to live sports events.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2012) amends the original Broadcasting Services (Events) Notice (No. 1) 2010, removing certain rugby union "test" matches from the anti-siphoning list. Specifically, Clause 4 of the Notice substitutes the existing Item 6.1 of the Schedule to the Principal Notice with a new Item 6.1 that excludes four specific rugby matches from the anti-siphoning list while retaining others (subsection 115(2) of the Broadcasting Services Act 1992). These matches, involving the Australian national rugby team, are the ones scheduled for 25 August, 8 September, 15 September, and 20 October 2012. The amendment allows these matches to be premiered on free-to-air television digital multi-channels, provided they are broadcast on the main channels during the simulcast period. The Notice imposes specific obligations on the broadcasters holding the rights to these matches, primarily the Nine Network and its affiliates. These broadcasters must ensure that the specified matches are broadcast on their main channels during the simulcast period or simultaneously on their primary digital multi-channels. This is to maintain compliance with the anti-siphoning provisions of the Broadcasting Services Act 1992 (BSA), which aim to ensure that significant events are accessible to the broader public via free-to-air television. The broadcasters must also ensure that any broadcast of these matches on digital multi-channels does not precede or occur without a simultaneous broadcast on their primary channels. Failure to comply with the provisions of the Notice or the underlying BSA could result in legal consequences. The BSA outlines potential offences and penalties for breaches, including financial penalties for commercial broadcasters and potential revocation of broadcasting licenses for non-compliance. Although the Notice itself does not specify penalties, the underlying BSA provides for significant fines and other enforcement actions for breaches. For instance, under section 137 of the BSA, a corporation can be fined up to $500,000 for each offence if it breaches certain provisions related to anti-siphoning events. Such breaches can have serious implications, including reputational damage and loss of broadcasting rights.

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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.