Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2016)

Administered by Department of Communications and the Arts

Legislation au F2016L01594 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 2016)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2016) (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 the Notice is to amend the Broadcasting Services (Events) Notice

(No. 1) 2010 (the Principal Notice) to remove events from the Principal Notice to permit those events to be premiered on a ‘free-to-air’ television digital multichannel.

 

The Notice is a legislative instrument for the purposes of subsection 8(2) of the Legislation 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 anti-siphoning 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 the Notice is to remove from the current anti-siphoning the matches of the Fédération Internationale de Football Association (FIFA) World Cup qualification tournament to be played between 6 October 2016 and 5 September 2017 involving the senior Australian representative team and their listed opponents.

 

The events to be removed are specified as exceptions to clause 8.3 of the Schedule to the Principal Notice, as amended by the Notice.

 

FIFA World Cup qualification matches

 

Eight matches of the FIFA World Cup qualification tournament involving the senior Australian representative team are currently scheduled to take place between 6 October 2016 and 5 September 2017. These are:

  • 6 October 2016 – Australia v Saudi Arabia
  • 11 October 2016 – Australia v Japan
  • 15 November 2016 – Australia v Thailand
  • 23 March 2017 – Australia v Iraq
  • 28 March 2017 – Australia v United Arab Emirates
  • 8 June 2017 – Australia v Saudi Arabia
  • 31 August 2017 – Australia v Japan
  • 5 September 2017 – Australia v Thailand

 

The dates listed above are based on the local time of the location where the match is to be played. Due to differing time zones, the dates do not in all cases represent the broadcast date in Australia.

 

The Notice will remove these matches from the Principal Notice. This amendment will allow (but not require) the free-to-air broadcaster that holds the rights to the affected matches (the Nine Network and its affiliated broadcasters) to premiere coverage on a digital multichannel. Removing these events from the anti-siphoning list will provide flexibility in the free‑to-air television coverage of the matches in question and thus enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister for Communications consulted with the Nine Network and  Foxtel in relation to the Notice. The Nine Network holds the free-to-air broadcast rights to the affected matches, while Foxtel holds the subscription broadcasting rights.

 

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 2016).

 

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

 

Section 3 provides that Notice is made under subsection 115(2) of the BSA.

 

Section 4 provides that the Principal Notice is amended in accordance with the item contained in Schedule 1 to the Notice.

 

Schedule 1 – Amendments

 

Item 1 of Schedule 1 to the Notice repeals clause 8.3 of the Schedule to the Principal Notice and substitutes it with a new clause 8.3.

 

The effect of the amendment is to exclude from the anti-siphoning list FIFA World Cup qualification matches to be played between 6 October 2016 and 5 September 2017 involving the senior Australian representative team and their listed opponents. Any other matches of the FIFA World Cup qualification tournament involving the senior Australian representative team will continue to be specified in clause 8.3 of the Schedule to the Principal Notice.

 

 

 

 

 

 

 

 


Statement of Compatibility with Human Rights

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

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2016) (the Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to exclude from the Principal Notice FIFA World Cup qualification matches to be played between 6 October 2016 and 5 September 2017 involving the senior Australian representative team and their listed opponents.

 

The purpose of the Principal Notice, also known as the ‘anti-siphoning list’, is to ensure that specified events are televised free to the Australian public. The removal of these eight FIFA World Cup qualification matches from the anti‑siphoning list, as set out in the Notice, will give relevant free-to-air broadcasters greater flexibility and increase live coverage of the matches. This will enhance the viewing experience for Australian audiences.

 

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 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 soccer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2016) is a legislative instrument made by the Minister for Communications under the Broadcasting Services Act 1992. Its purpose is to amend the existing anti-siphoning list by removing certain FIFA World Cup qualification matches involving the Australian national team from 6 October 2016 to 5 September 2017, thereby allowing these matches to be premiered on a free-to-air digital multichannel. The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia and includes provisions for the Minister to specify events that should be televised free to the public to prevent content from being exclusively available on subscription television services. This amendment aims to provide flexibility to free-to-air broadcasters, enhancing the viewing experience for Australian audiences. The decision to make this amendment was based on consultation with the Nine Network and Foxtel, the respective holders of free-to-air and subscription broadcasting rights for the affected matches.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2016) applies to entities involved in the broadcasting of specified events in Australia, particularly those that hold the rights to televise events listed under the Broadcasting Services Act 1992. The primary focus of this legislative instrument is to amend the Broadcasting Services (Events) Notice (No. 1) 2010 by removing certain FIFA World Cup qualification matches from the anti-siphoning list, which comprises events that must be made available free to the public on a television service. This amendment permits the free-to-air broadcaster holding the rights to these matches, in this case, the Nine Network and its affiliated broadcasters, to premiere coverage on a digital multichannel, thereby enhancing the viewing experience for Australian audiences. The changes are limited to eight specific matches involving the Australian senior representative team scheduled between 6 October 2016 and 5 September 2017. These amendments do not affect other events on the anti-siphoning list. The Notice is made under the authority of the Minister for Communications and operates nationally within Australia.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 12 of 2016) (the Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to modify the anti-siphoning list by removing certain events. Specifically, the Notice removes eight FIFA World Cup qualification matches involving the senior Australian representative team and their listed opponents scheduled between 6 October 2016 and 5 September 2017 from the Principal Notice (section 4). This amendment allows the free-to-air broadcaster, the Nine Network, which holds the rights to these matches, to premiere coverage on a digital multichannel, thereby providing flexibility in television coverage and enhancing the viewing experience for Australian audiences. Under the Broadcasting Services Act 1992 (BSA), the Minister for Communications has the authority to make such notices to specify events that should be televised free to the general public (subsection 115(1)). When an event is included in the anti-siphoning list, it triggers certain licence conditions and restrictions for broadcasters, ensuring that these events are shown on free-to-air broadcasters’ main channels or simultaneously on their digital channels (section 99 of the BSA and Part 4A of Schedule 4 to the BSA). By amending the Principal Notice, the Minister exercises the power granted under subsection 115(2) of the BSA to remove events from the anti-siphoning list, thereby altering the restrictions applicable to broadcasters. The Notice imposes obligations on the broadcasters, particularly on the Nine Network, which holds the rights to the specified matches. By removing these matches from the anti-siphoning list, the Nine Network gains the flexibility to premiere the coverage on a digital multichannel, which can lead to enhanced scheduling and viewer experience. However, it must still comply with any other broadcasting regulations and standards set by the Australian Communications and Media Authority (ACMA). There are no specific offences or penalties outlined in the Notice for breaching the amended anti-siphoning list. However, broadcasters must comply with the BSA and any applicable broadcasting codes and standards. Failure to comply with the BSA or the broadcasting codes may result in enforcement actions by the ACMA, which can include fines, public reprimands, or other regulatory measures. The exact penalties for non-compliance would depend on the specific breach and the relevant provisions of the BSA and other applicable laws.

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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.