Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2011)

Administered by Department of Communications and the Arts

Legislation au F2011L01908 Not in force Legislative Instrument

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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.

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2011) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010 and address the issue of certain Rugby World Cup matches being restricted from airing on free-to-air digital multi-channels until after they had been shown on the main channel. This legislative instrument was introduced under the authority of the Minister for Broadband, Communications and the Digital Economy, aiming to facilitate the premiere of specific Rugby World Cup matches on free-to-air digital multi-channels while still adhering to the anti-siphoning provisions outlined in the Broadcasting Services Act 1992. The amendment permits the Nine Network to broadcast selected matches, including quarter-finals, semi-finals, and two specific Australia matches, on its digital multi-channel, thereby enhancing viewer access to live coverage of these events. The Broadcasting Services Act 1992, established by the Australian Parliament, provides the legislative framework to regulate broadcasting services, including the specification of events that should be televised free to the general public to prevent subscription television broadcasters from acquiring exclusive rights. The 2010 anti-siphoning list initially restricted certain Rugby World Cup matches from being aired on free-to-air digital multi-channels. The 2011 amendment was made to allow these specific matches to be premiered on digital multi-channels, aiming to improve viewer access and accommodate broadcasting rights held by the Nine Network. This amendment was achieved through consultation with the Nine Network and Foxtel, reflecting a balanced approach to broadcasting rights and public access.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2011) applies to all broadcasters, including commercial television broadcasters, national broadcasters, and subscription television broadcasters, by amending the Broadcasting Services (Events) Notice (No. 1) 2010, commonly known as the anti-siphoning list. The amendment pertains specifically to certain matches within the 2011 Rugby World Cup tournament, which are removed from the anti-siphoning list to allow their premiere on a free-to-air television digital multi-channel. This Notice operates nationally within Australia and is an instrument under the Broadcasting Services Act 1992. It excludes the specified matches from the anti-siphoning provisions, thereby permitting their broadcast on a digital multi-channel before they are shown on the main channel. This amendment was made in response to a request by the Nine Network, which holds the broadcast rights to the 2011 Rugby World Cup, and the Minister's decision to facilitate live coverage for many viewers who would otherwise only see delayed coverage on the main channel.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2011) (the Notice) modifies the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) by removing specific events from the anti-siphoning list, enabling these events to be premiered on a free-to-air television digital multi-channel. The Notice is made under subsection 115(2) of the Broadcasting Services Act 1992 (BSA) and specifies that certain matches of the 2011 Rugby World Cup will be removed from the Principal Notice. These matches include all quarter-finals and semi-finals of the tournament, as well as two specific matches involving Australia: the match against Ireland on 17 September 2011 and the match against the United States on 23 September 2011. This amendment allows the Nine Network, which holds the broadcast rights for these matches, to premiere them on a digital multi-channel, potentially increasing accessibility for viewers. The Notice imposes specific obligations on the parties it governs, primarily focusing on the removal of certain events from the anti-siphoning list. This change permits free-to-air broadcasters, such as the Nine Network, to premiere the specified Rugby World Cup matches on digital multi-channels, subject to compliance with broadcasting regulations. Broadcasters must ensure that any televised content adheres to the requirements set out in the BSA, including the prohibition on subscription television broadcasters acquiring rights to these events ahead of commercial and national broadcasters. The Notice also mandates that any broadcasting of these events must comply with simulcast and post-simulcast period restrictions to maintain the integrity of the anti-siphoning provisions. The BSA and related legislative instruments provide for various offences and penalties for non-compliance. Under section 126 of the BSA, any person who contravenes a licence condition, including those related to the anti-siphoning list, commits an offence. The penalties for such offences can include substantial fines, with the maximum penalty for a corporation being $525,000 as per subsection 131(1) of the BSA. Additionally, individuals found guilty of breaching these provisions can face fines of up to $105,000. Civil consequences may also apply, including the potential for injunctive relief or other orders to prevent further non-compliance. The Notice itself, being a legislative instrument, also stipulates that breaches of its provisions can lead to enforcement actions as outlined in the Legislative Instruments Act 2003.

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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.