Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2014)

Administered by Department of Communications and the Arts

Legislation au F2014L01486 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 2014)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 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 the international “test” match to be played in Wales on 8 November 2014 involving the senior Australian representative team selected by the Australian Rugby Union and the senior Welsh team. The event to be removed is specified as an exception in Clause 6.1 of the Schedule to the Principal Notice, as amended by this Notice. This amending Notice also removes spent provisions in the Principal Notice concerning previous international test matches held on 13 September, 27 September and 18 October 2014, in which the senior Australian representative team played the senior Argentinian, South African and New Zealand teams.

 

Australia versus Wales

 

The international test match between the senior Australian representative rugby union football team and the senior Welsh team will be held at the Millennium Stadium in Cardiff, Wales and will commence at 14:30 (local time) on 8 November 2014. It is the second match in the 2014 Spring Tour.

 

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

 

Removing this event from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of the delisted event. 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. 13 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 6.1 of the Schedule to the Principal Notice and substituting a new clause 6.1.

 

Clause 6.1 of the Principal Notice effectively specifies that each international “test” match, involving the senior Australian representative team selected by the Australian Rugby Union, played in Australia, New Zealand, South Africa or Europe is included in the anti‑siphoning list. The amendment to clause 6.1 effectively removes from the list one international “test’ match on 8 November 2014 involving the senior Australian representative team, selected by the Australian Rugby Union, against the senior Welsh team.

Repealing the existing clause 6.1 of the Schedule to the Principal Notice and substituting a new clause 6.1 will also have the effect of removing spent provisions that concerned matches played by the senior Australian team: on 13 September 2014 against the senior Argentinian team, on 27 September 2014 against the senior South African team; and on 18 October 2014 against the senior New Zealand 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 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 a certain rugby union football match 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 Network Ten, Foxtel and the Australian Rugby Union in relation to this Notice. Ten currently holds the free-to-air broadcast rights to the rugby union “test” match affected by this Notice. Foxtel holds subscription television rights to the match. 
 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2014) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010 under the Broadcasting Services Act 1992. This legislative amendment was introduced to address the issue of certain international rugby union test matches being included in the anti-siphoning list, which restricted free-to-air broadcasters from premiering these events on their digital multichannels. The Notice was issued by the Minister for Communications to remove the international test match between the Australian and Welsh rugby teams from the anti-siphoning list, thereby permitting the event to be premiered on a free-to-air digital multichannel. The policy objective was to enhance the viewing experience for Australian audiences by providing greater flexibility in the coverage of the specified event.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2014) applies to the Minister for Communications, subscription television broadcasters, free-to-air commercial television broadcasters, and national broadcasters, specifically those involved in the broadcast of the specified international rugby union test match between Australia and Wales on 8 November 2014. The Notice amends the Broadcasting Services (Events) Notice (No. 1) 2010 to remove this particular match from the anti-siphoning list, thereby allowing the free-to-air broadcaster, Network Ten and its affiliates, to premiere coverage on a digital multichannel. This amendment aims to provide greater flexibility in the coverage of the event, enhancing the viewing experience for Australian audiences. The Notice is a legislative instrument under the Legislative Instruments Act 2003 and has a national jurisdictional reach. It does not specify any exclusions or exemptions, but rather focuses on the modification of existing broadcasting regulations to cater to the specific event. The application of the Notice is further extended or restricted through subordinate instruments as necessary, in accordance with the Broadcasting Services Act 1992.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 13 of 2014) amends the anti-siphoning list, which is a key feature of the Broadcasting Services Act 1992 (BSA) (Section 115(1)). The anti-siphoning list specifies events that should be televised free to the public to ensure wide accessibility and prevent exclusive subscription television coverage. The Notice specifically removes the international rugby union test match between Australia and Wales from this list (Section 3 and Schedule 1, Item 1). This amendment allows the free-to-air broadcaster, Network Ten, to premiere the event on a digital multichannel, thereby providing greater flexibility in coverage and enhancing the viewing experience for Australian audiences. Under the BSA, the inclusion of an event in the anti-siphoning list imposes certain obligations on broadcasters. Specifically, subscription television broadcasters are prohibited from acquiring rights to televise these events before free-to-air broadcasters (Section 99 and Schedule 2, paragraph 10(1)(e)). Free-to-air broadcasters, in turn, must ensure that the events are shown on their main channels or simultaneously on their standard or high-definition digital channels (Schedule 4, Part 4A). By removing the Australia vs. Wales rugby match from the list, the Notice effectively relieves Network Ten of these obligations for this particular event, allowing for different programming decisions. Breaches of the BSA or any related notices can lead to significant consequences. While the Notice itself does not specify penalties, general provisions in the BSA outline penalties for non-compliance with broadcasting obligations. For example, contravening any licence condition can result in substantial fines, with the maximum penalty depending on the severity and frequency of the breach. In addition to financial penalties, non-compliance can also lead to reputational damage and potential loss of broadcasting rights. It is important for broadcasters to adhere to the conditions set out in the BSA to avoid these repercussions.

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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.