Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 14 of 2012)

Administered by Department of Communications and the Arts

Legislation au F2012L02322 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 14 of 2012)

 

 

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 2012) (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 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 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 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 each round of the 2012 Australian Open golf tournament.

 

The events to be removed are specified in Item 11.2 of the Schedule to the Principal Notice, as amended by this Notice.

 

The 2012 Australian Open golf tournament

 

This Notice will remove from the Principal Notice each round of the 2012 Australian Open golf tournament from the anti-siphoning list. This tournament is scheduled to occur between 6 and 9 December 2012.

 

This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these events (the Seven Network and its affiliated stations) to premiere the events on a digital multi-channel in each relevant licence area.

 

Removing the 2012 Australian Open golf tournament from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of the tournament. For example, it will allow the broadcaster to switch coverage to digital multi-channels if the final day of play runs later than the scheduled finishing time. 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. 14 of 2012).

 

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 existing Item 11.2 of the Schedule to the Principal Notice with a new Item 11.2. This amendment has the effect of removing certain events from the Principal Notice.

 

The effect of new Item 11.2 is that each round of the Australian Open tournament played as part of the Professional Golfers Association Tour of Australasia will remain listed in the Principal Notice, except for each round of the 2012 Australian Open tournament.

 

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 the 2012 Australian Open golf tournament.

 

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 the 2012 Australian Open golf tournament from the anti‑siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of the tournament. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister consulted with the Seven Network in relation to this Notice. The Seven Network holds the free-to air broadcast rights to the 2012 Australian Open golf tournament.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 14 of 2012) was introduced by the Minister for Broadband, Communications and the Digital Economy under subsection 115(2) of the Broadcasting Services Act 1992. The primary purpose of this amendment is to remove specific events from the existing anti-siphoning list, allowing them to be premiered on a free-to-air television digital multi-channel. This change is intended to provide greater flexibility to free-to-air broadcasters, such as the Seven Network, which holds the broadcast rights for the 2012 Australian Open golf tournament. By removing these events from the anti-siphoning list, the amendment aims to enhance the viewing experience for Australian audiences by increasing the live coverage of the tournament, particularly if the final round runs beyond the scheduled finishing time. This amendment is also designed to comply with human rights obligations, facilitating greater access to live sports events for all Australians.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 14 of 2012) applies to the free-to-air digital multi-channel broadcasting of certain events specified in the Broadcasting Services (Events) Notice (No. 1) 2010, with the amendment allowing the 2012 Australian Open golf tournament rounds to be premiered on such channels. This legislative instrument is made by the Minister for Broadband, Communications and the Digital Economy under the authority granted by the Broadcasting Services Act 1992. The Notice affects free-to-air broadcasters, including the Seven Network, which holds the broadcast rights for the 2012 Australian Open golf tournament. The amendment aims to provide greater flexibility for the Seven Network in their coverage of the tournament, potentially enhancing the viewing experience for audiences. The Notice applies nationally and is subject to the constraints and provisions set forth in the Broadcasting Services Act 1992. This amendment does not exclude any entities or events other than the specified rounds of the 2012 Australian Open golf tournament from the anti-siphoning list. The Notice came into effect on the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 14 of 2012) primarily amends the Broadcasting Services (Events) Notice (No. 1) 2010 by removing certain events from the anti-siphoning list, specifically each round of the 2012 Australian Open golf tournament (section 4). The purpose of this amendment is to provide free-to-air broadcasters with greater flexibility in their television coverage of these events, particularly allowing them to premiere the events on digital multi-channels without the same restrictions that apply to events listed on the anti-siphoning list (section 4). The amendment imposes certain obligations on the parties involved. Free-to-air broadcasters, such as the Seven Network which holds the broadcast rights for the 2012 Australian Open golf tournament, are now permitted to show these events on their digital multi-channels without the constraints that apply to anti-siphoning events (section 4). This includes the ability to switch coverage to digital multi-channels if necessary, thus enhancing the viewing experience for audiences. Breach of the obligations set forth in the Broadcasting Services Act 1992 (BSA) and the related notices can lead to significant consequences. While the Notice itself does not explicitly detail penalties for non-compliance, the BSA outlines various offences related to broadcasting services, including unauthorised broadcasting, which can result in fines and other sanctions (section 99, Schedule 4, Part 4A of the BSA). For example, subscription television broadcasters may face penalties for acquiring rights to televise events ahead of commercial or national broadcasters if such events are listed on the anti-siphoning list. The maximum penalties for these offences can be substantial, reflecting the seriousness with which the law treats compliance with broadcasting regulations. Additionally, the BSA imposes restrictions on both commercial and national broadcasters to ensure that anti-siphoning events are shown on their primary channels or simultaneously on their digital multi-channels during and after the simulcast period. Failure to comply with these restrictions can result in enforcement actions, including fines and other administrative penalties. The exact penalties are determined based on the specific breach and the provisions of the BSA.

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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.