Explanatory Statement

Broadcasting Services Act 1992

Broadcasting Services (Events) Notice (No. 1) 2010

(Amendment No. 13 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. 13 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 certain events from the Principal Notice to permit those 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 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 certain matches to be played as part of the 2011 Rugby World Cup tournament.

The events to be removed are specified in Items 6.2 and 6.3 of the Schedule to the Principal Notice, as amended by this Notice.

2011 Rugby World Cup tournament

The 2011 Rugby World Cup tournament, held between 9 September 2011 and 23 October 2011 in New Zealand, comprises forty ‘pool round’ matches followed by four quarter-finals, two semi-finals, a third-place play-off and a grand final.

This Notice will remove from the Principal Notice certain matches to be played as part of the 2011 Rugby World Cup tournament, specifically:

• each match in the quarter-finals;
• each match in the semi-finals;
• the match to be played in New Zealand on 17 September 2011 between Australia and Ireland;
• the match to be played in New Zealand on 23 September 2011 between Australia and the United States of America.

This will allow (but not require) the free-to-air broadcasters that hold the broadcast rights to these matches (the Nine Network and its affiliate stations) to premiere the matches on a digital multi-channel. It is anticipated that, as a result of these amendments, many television viewers will be able to watch live coverage of these matches, which would otherwise only be shown on the main 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. 13 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 substituting the existing Items 6.2 and 6.3 of the Schedule to the Principal Notice with new Items 6.2 and 6.3.

These amendments have the effects of removing specified events from the Principal Notice.

Specifically, as a result of the amendments to Item 6.2, each match in the quarter-finals, semi-finals and the final of the Rugby World Cup tournament will remain listed on the Principal Notice, except for each match in the quarter-finals and each match in the semi-finals of the 2011 Rugby World Cup tournament.

As a result of the amendments to Item 6.3, each match of the Rugby World Cup tournament involving the senior Australian representative team selected by the Australian Rugby Union will remain listed on the Principal Notice, except for:

(a)   the match to be played in New Zealand on 17 September 2011 as part of the 2011 Rugby World Cup tournament between the senior Australian representative team selected by the Australian Rugby Union and the senior representative team from Ireland;

(b)   the match to be played in New Zealand on 23 September 2011 as part of the 2011 Rugby World Cup tournament between the senior Australian representative team selected by the Australian Rugby Union and the senior representative team from the United States of America.

Consultation

Consultation was undertaken with the Nine Network and Foxtel following the Nine Network’s request to the Minister that eight matches of the 2011 Rugby World Cup be removed from the anti-siphoning list. The Nine Network holds the free-to-air television broadcast rights to the 2011 Rugby World Cup, and Foxtel holds the subscription television broadcast rights to this tournament.