Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 14 of 2011)

Administered by Department of Communications and the Arts

Legislation au F2011L01936 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 14 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. 14 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 a certain event from the Principal Notice to permit that event 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 one match to be played as part of the 2011 National Rugby League Premiership competition Finals Series.

 

The event to be removed is specified in Item 5.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

2011 National Rugby League Premiership competition

 

The 2011 National Rugby League Premiership competition, held between 11 March and 2 October 2011, comprises 26 weekly rounds and a Finals Series.

 

This Notice will remove from the Principal Notice one match to be played as part of the 2011 National Rugby League Premiership competition Finals Series, specifically: the second preliminary final match between Melbourne Storm and New Zealand Warriors to be played on Saturday 24 September 2011.

 

This will allow (but not require) the free-to-air broadcasters that hold the broadcast rights to this match (the Nine Network and its affiliate stations) to premiere this event on a digital multi-channel. It is anticipated that, as a result of this amendment, many television viewers will be able to watch live coverage of the match, 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. 14 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 Item 5.1 of the Schedule to the Principal Notice with new Item 5.1.

 

This amendment has the effect of removing the specified event from the Principal Notice.

 

Specifically, as a result of the amendment to Item 5.1, each match in the National Rugby League Premiership competition, including the Finals Series, will remain listed on the Principal Notice, except for the second preliminary final match between Melbourne Storm and New Zealand Warriors to be played on Saturday 24 September 2011 as part of the Finals Series of the 2011 National Rugby League Premiership competition.

 

Consultation

 

Consultation was undertaken with the Nine Network, the NRL, Premier Media Group, Foxtel and Austar following the Nine Network’s request to the Minister that the second preliminary final match of the 2011 National Rugby League Premiership competition Finals Series be removed from the anti-siphoning list. The Nine Network holds the free-to-air television broadcast rights to the 2011 National Rugby League Premiership competition and Finals Series, and Premier Media Group, Foxtel and Austar hold the subscription television broadcast rights.

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 14 of 2011), issued under subsection 115(2) of the Broadcasting Services Act 1992 by the Minister for Broadband, Communications and the Digital Economy, aims to amend the Broadcasting Services (Events) Notice (No. 1) 2010. This amendment seeks to remove a specific event from the anti-siphoning list, allowing it to be premiered on a free-to-air digital multi-channel. The policy objective behind this amendment is to provide flexibility in broadcasting certain events while maintaining the overall integrity of the anti-siphoning provisions designed to ensure significant events are accessible to the general public on free-to-air television. The Notice, which is a legislative instrument under the Legislative Instruments Act 2003, reflects a balance between the rights of broadcasters and the public interest in accessible sports coverage.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 14 of 2011) applies to the entities and individuals involved in the broadcasting of specified events listed under the Broadcasting Services Act 1992. This amendment specifically affects free-to-air, commercial, and subscription television broadcasters in Australia, targeting those with rights to televise the 2011 National Rugby League Premiership competition. The Notice aims to remove a particular match, the second preliminary final between Melbourne Storm and New Zealand Warriors scheduled for 24 September 2011, from the anti-siphoning list. By doing so, it allows the Nine Network, which holds the free-to-air broadcast rights for the event, to premiere it on a digital multi-channel, potentially increasing viewer access. The geographic reach of this amendment is national, as it pertains to broadcasting services across Australia. The amendment does not extend or restrict the application of the Broadcasting Services Act 1992 beyond the specific event mentioned, nor does it introduce any new exclusions or exemptions. Instead, it modifies the existing regulations to accommodate the unique circumstances of this particular match.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 14 of 2011) operates by amending the existing Broadcasting Services (Events) Notice (No. 1) 2010, specifically targeting Item 5.1 in the Schedule. This amendment serves to remove a particular match from the list of events that must be broadcast on free-to-air television. The event in question is the second preliminary final match between Melbourne Storm and New Zealand Warriors, scheduled for Saturday, 24 September 2011, part of the 2011 National Rugby League Premiership competition Finals Series. By removing this event from the anti-siphoning list, the amendment permits the broadcasters with the rights to the event, namely the Nine Network and its affiliates, to premiere the match on a free-to-air digital multi-channel, thereby potentially increasing the accessibility of live coverage for viewers. The Notice imposes certain obligations on the broadcasters who hold the rights to the specified match. These broadcasters must comply with the changes made by the Notice, ensuring that the match can be broadcast on their digital multi-channels as permitted. The broadcasters must also adhere to the existing broadcasting regulations under the Broadcasting Services Act 1992 (BSA) for all other events listed in the anti-siphoning list. This includes ensuring that all other matches in the National Rugby League Premiership competition, including the Finals Series, are broadcast in accordance with the anti-siphoning provisions, which generally require that these events be shown on the broadcasters’ main channels or simultaneously on their digital multi-channels. Failure to comply with the provisions of the BSA, including any amendments made by this Notice, can result in various civil and criminal consequences. Under the BSA, broadcasters who breach the anti-siphoning provisions may face penalties. Specifically, the BSA provides for civil penalties, including fines, for non-compliance with the anti-siphoning requirements. The maximum penalty for contravening these provisions is generally prescribed in the Act, although the exact amount can depend on the nature and severity of the breach. Additionally, repeated or serious breaches may result in more severe penalties, including potential criminal charges, which can lead to fines and imprisonment. It is essential for broadcasters to ensure they adhere to the broadcasting regulations to avoid these consequences.

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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.