Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2013)

Administered by Department of Communications and the Arts

Legislation au F2013L01532 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 2013)

 

 

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 2013) (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 multichannel.

 

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 make a notice that specifies 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 the anti-siphoning list 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 from the anti-siphoning list. Such restrictions ensure that these events (or parts of those events) are not shown on the broadcasters’ standard definition or high definition television digital multichannels 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 a commercial television broadcaster’s or a national broadcaster’s primary digital multichannel.

 

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 the rugby union “test” match to be played on 7 September 2013 between Australia and South Africa, and the rugby union “test” match to be played on 19 October 2013 between Australia and New Zealand.

 

The 2013 Rugby Union Championship series and 2013 Bledisloe Cup

 

The 2013 Rugby Championship series will be held in various locations across Australia, New Zealand, South Africa and Argentina between 14 August and 5 October 2013. This Notice will remove one rugby union “test” match to be played on 7 September 2013 between Australia and South Africa as part of this series.

 

This Notice will also remove the rugby union “test” match to be played on 19 October 2013 between Australia and New Zealand as part of the 2013 Bledisloe Cup.

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to these matches (Network Ten and its regional affiliates) to premiere coverage of the delisted events on a digital multichannel in each relevant television licence area.

 

Removing these events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of the delisted match. 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. 13 of 2013).

 

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

 

Clause 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 - Amendments

 

Item 1 amends clause 6.1 of the Schedule to the Principal Notice.

 

Clause 6.1 of the Principal Notice includes particular rugby union “test” matches in the anti‑siphoning list. The amendment to clause 6.1 removes from the list the rugby union “test” match to be played in Australia on 7 September 2013 between the senior Australian representative team selected by the Australian Rugby Union and the senior South African representative team, and the rugby union “test” match to be played in New Zealand on 19 October 2013 between the senior Australian representative team selected by the Australian Rugby Union and the senior New Zealand representative team.

 

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 rugby union.

 

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 international rugby union “test” matches from the anti-siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of these events. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister for Broadband, Communications, and the Digital Economy consulted with Network Ten in relation to this Notice. Network Ten holds the free‑to‑air broadcast rights to the rugby union “test” matches affected by this Notice.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2013) was enacted by the Minister for Broadband, Communications and the Digital Economy under the Broadcasting Services Act 1992. This amendment was made to provide greater flexibility in the coverage of certain rugby union matches by free-to-air broadcasters, allowing them to premiere these matches on digital multichannels. The original purpose of the Broadcasting Services Act was to ensure that certain significant events are televised free to the public, preventing subscription television broadcasters from acquiring exclusive rights to these events ahead of free-to-air broadcasters. This amendment, however, removes two specific rugby union matches from the anti-siphoning list, thereby allowing Network Ten and its affiliates to broadcast these matches on their digital channels, enhancing the viewing experience for Australian audiences. This legislative change reflects a policy objective to balance the interests of broadcasters and the public, ensuring that significant sporting events remain accessible to a broad audience while also providing broadcasters with operational flexibility.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2013) applies to the broadcasting services within Australia, specifically targeting subscription, commercial, and national television broadcasters. This amendment, made under subsection 115(2) of the Broadcasting Services Act 1992, pertains to the anti-siphoning list, which specifies events that should be televised free to the public. The amendment removes certain rugby union "test" matches from the anti-siphoning list, allowing free-to-air broadcasters that hold the broadcast rights to premiere these events on a digital multichannel. This change is intended to provide greater flexibility for free-to-air broadcasters and enhance the viewing experience for Australian audiences. The Notice does not specify any exclusions or exemptions, but it does provide for the amendment of the Principal Notice to reflect the changes in the anti-siphoning list. The application of this amendment is national, affecting broadcasters across all states and territories of Australia.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2013) is an amendment to the anti-siphoning list, specifically designed to allow for greater flexibility in the broadcast of certain rugby union test matches on free-to-air television digital multichannels. This amendment was made under the authority of the Minister for Broadband, Communications and the Digital Economy, as provided for in subsection 115(2) of the Broadcasting Services Act 1992 (BSA). The Notice removes two specific rugby union test matches from the anti-siphoning list: the match between Australia and South Africa on 7 September 2013 and the match between Australia and New Zealand on 19 October 2013. This removal is intended to enable Network Ten and its regional affiliates, who hold the free-to-air broadcast rights to these matches, to premiere coverage of the delisted events on their digital multichannels, thereby enhancing the viewing experience for Australian audiences. Under the BSA, the Minister has the authority to specify events that should be televised free to the public, commonly referred to as the anti-siphoning list. The inclusion of an event in this list imposes certain obligations on subscription television broadcasters, prohibiting them from acquiring rights to televise the event ahead of commercial television broadcasters and national broadcasters. It also imposes restrictions on commercial and national broadcasters to ensure that these events are shown first or simultaneously on their primary digital multichannels during and after the simulcast period. By removing these two matches from the anti-siphoning list, the amendment allows Network Ten greater flexibility in how they choose to broadcast these events, while still ensuring that the viewing experience for the public is enhanced. The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2013) imposes no additional obligations on broadcasters beyond what is already stipulated in the BSA. However, the removal of these events from the anti-siphoning list does mean that Network Ten, as the holder of the free-to-air broadcast rights, must ensure that the delisted matches are broadcast either on their primary digital multichannel or simultaneously on their main channels during the simulcast period, if they choose to broadcast them at all. There are no specific offences, penalties, or civil or criminal consequences outlined for breaching this Notice. However, any breach of the obligations under the BSA, such as failing to comply with the anti-siphoning requirements, could result in penalties. Under section 149 of the BSA, a person who contravenes a licence condition, or fails to comply with an obligation or restriction imposed by or under the Act, may be liable to a fine of up to 500 penalty units for an individual and 5,000 penalty units for a body corporate, or to imprisonment for up to 12 months, or to both. Additionally, the Australian Communications and Media Authority (ACMA) has the power to enforce compliance and may take appropriate action against broadcasters who fail to comply with the anti-siphoning requirements.

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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.