Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2014)

Administered by Department of Communications and the Arts

Legislation au F2014L01554 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 2014)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2014) (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 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 multichannel.

 

This Notice is a legislative instrument for the purposes of paragraph 6(d) of the Legislative Instruments 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 these 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 this Notice is to amend the Principal Notice to effectively remove from the current anti-siphoning list each round of the Australian Masters golf tournament in 2014 and 2015, played as part of the Professional Golfers Association Tour of Australasia; and each round of the Australian Open golf tournament in 2014, 2015 and 2016, played as part of the Professional Golfers Association Tour of Australasia. The events to be removed are those specified as exceptions in Clauses 11.1 and 11.2 of the Schedule to the Principal Notice, as amended by this Notice. This amending Notice also removes spent provisions in the Principal Notice concerning the United States Masters golf tournament.

 

2014 & 2015 Australian Masters golf tournament

 

The 2014 Australian Masters golf tournament will be held at ‘The Metropolitan Golf Club’ in Melbourne over four days between 20 and 23 November 2014. Firm dates for the 2015 schedule are not available but are expected to be consistent with this and previous years.

 

The Notice will remove from the anti-siphoning list each round of the Australian Masters golf tournament across the four days between 20 and 23 November 2014. The Notice will also remove from the anti-siphoning list each round of the Australian Masters played in 2015.

 

2014, 2015 & 2016 Australian Open golf tournament

 

The 2014 Australian Open golf tournament will be held at ‘The Australian Golf Club’ in Sydney over four days between 27 and 30 November 2014. Precise dates for the Australian Open golf tournament in 2015 and 2016 are not available but are expected to be broadly consistent with this and previous years.

 

The Notice will remove from the anti-siphoning list each round of the Australian Open golf tournament across the four days between 27 and 30 November 2014. The Notice will also remove from the anti-siphoning list each round of the Australian Open golf tournament played in 2015 and 2016.

 

These amendments will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to these events, the Seven Network, and its affiliates to premiere coverage of the ‘delisted’ events on a digital multichannel.

 

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

 

Notes on Clauses

 

Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2014).

 

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

 

Section 3 provides that the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) is amended in accordance with the items contained in the attached Schedule.

 

Schedule 1 - Amendments

 

Item 1 provides that the Principal Notice is amended by repealing the existing clause 11.1 of the Schedule to the Principal Notice and substituting a new clause 11.1.

 

Clause 11.1 of the Principal Notice effectively specifies that each round of the Australian Masters tournament, played as part of the Professional Golfers Association Tour of Australasia, be included in the anti‑siphoning list. The amendment to clause 11.1 effectively removes from the list each round of the Australian Masters tournament, played as part of the Professional Golfers Association Tour of Australasia in 2014 and 2015.

 

Item 2 provides that the Principal Notice is amended by repealing the existing clause 11.2 of the Schedule to the Principal Notice and substituting a new clause 11.2.

 

Clause 11.2 of the Principal Notice effectively specifies that each round of the Australian Open tournament, played as part of the Professional Golfers Association Tour of Australasia, is included in the anti‑siphoning list. The amendment to clause 11.2 effectively removes from the list each round of the Australian Open tournament, played as part of the Professional Golfers Association Tour of Australasia in 2014, 2015 and 2016.

 

Item 3 provides that the Principal Notice is amended by repealing the existing clause 11.3 of the Schedule to the Principal Notice and substituting a new clause 11.3. This has the effect of removing spent provisions that concern the 2014 United States Masters tournament, played as part of the Professional Golfers Association Tour.

 

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 golf tournaments.

 

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 specified events are televised free to the Australian public. The removal of certain golf tournaments from the anti‑siphoning list will give relevant free-to-air broadcasters greater flexibility and increase live coverage of the events. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister for Communications consulted with the Seven Network in relation to this Notice. Seven holds the broadcast rights to the golf tournaments affected by this Notice.
 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2014) was enacted under subsection 115(2) of the Broadcasting Services Act 1992 by the Minister for Communications to address the issue of events being restricted to free-to-air television and to allow flexibility for certain events to be premiered on digital multichannels. This amendment aims to enhance the viewing experience for Australian audiences by providing free-to-air broadcasters with more flexibility in the coverage of specified golf tournaments. The policy objective of the Notice is to modify the anti-siphoning list to facilitate greater access to live coverage of the Australian Masters and Australian Open golf tournaments. The amendment permits the Seven Network, which holds the broadcast rights for these events, to premiere the coverage on a digital multichannel, thereby promoting freedom of expression and cultural rights as recognised in international human rights instruments.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2014) applies to entities involved in the broadcasting of specified events, specifically the 2014 and 2015 Australian Masters golf tournament and the 2014, 2015, and 2016 Australian Open golf tournament. The Notice removes these events from the anti-siphoning list, which means that the free-to-air broadcaster that holds the broadcast rights, the Seven Network, and its affiliates can now premiere coverage of these events on a digital multichannel. The Notice is made under subsection 115(2) of the Broadcasting Services Act 1992 by the Minister for Communications, and its purpose is to provide greater flexibility in the free-to-air television coverage of these events, enhancing the viewing experience for Australian audiences. This amendment allows the Seven Network to broadcast these events on a digital channel while still ensuring that the events remain accessible to the general public. The Notice applies nationally across Australia and is a legislative instrument under the Legislative Instruments Act 2003. There are no stated exclusions, exemptions, or thresholds in the Notice, and it does not extend or restrict application through subordinate instruments.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2014) (the Notice) primarily amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) by removing certain golf tournaments from the anti-siphoning list. Specifically, the Notice removes each round of the Australian Masters golf tournament for 2014 and 2015, and each round of the Australian Open golf tournament for 2014, 2015, and 2016 from the anti-siphoning list (Section 3 and Schedule 1). The Notice also removes spent provisions concerning the United States Masters tournament from the Principal Notice (Schedule 1, Item 3). These changes are intended to provide greater flexibility to free-to-air broadcasters, particularly the Seven Network, which holds the broadcast rights to these events. The Notice imposes obligations on free-to-air broadcasters, particularly the Seven Network, by permitting them to premiere coverage of the delisted golf tournaments on their digital multichannels. Broadcasters must comply with the terms of the Notice by not showing these events on their standard or high definition digital television multichannels without first showing, or showing simultaneously, the events on their main channels (Part 4A of Schedule 4 to the BSA). However, the Notice does not require broadcasters to premiere the events on their digital channels; it only removes restrictions that would prevent them from doing so. Failure to comply with the provisions of the Notice may not directly result in criminal or civil penalties, as the Notice itself does not specify any penalties. However, broadcasters who do not comply with the broader anti-siphoning requirements under the Broadcasting Services Act 1992 (BSA) could face penalties. For instance, subsection 328(1) of the BSA provides for a penalty of up to $10,000 for breaches of anti-siphoning provisions. Additionally, the Australian Communications and Media Authority (ACMA) has the authority to issue infringement notices for breaches of the anti-siphoning requirements, with penalties up to $6,600 for individuals and $33,000 for bodies corporate (subsection 328(2) of the BSA). The Notice is designed to clarify and facilitate compliance with the anti-siphoning provisions by removing certain events from the list, thus preventing potential 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.