Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2011)

Administered by Department of Communications and the Arts

Legislation au F2011L02594 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 15 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. 15 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 test matches and one day international (ODI) matches to be played by the Australian Cricket team between December 2011 and March 2012.

 

The events to be removed are specified in Items 7.1 and 7.3 of the Schedule to the Principal Notice, as amended by this Notice.

 

2011-12 cricket season in Australia involving the Australian Cricket team

 

The 2011-12 international cricket season in Australia will be held between December 2011 and March 2012, comprising, amongst other matches, various test matches and a number of ODI matches.

 

This Notice will remove from the Principal Notice certain matches involving the Australian Cricket team to be played as part of the 2011-12 international cricket season in Australia, namely:

 

  • each test match involving Australia played between 9 December 2011 and 28 January 2012; and
  • each ODI match involving Australia played between 5 February 2012 and 8 March 2012.

 

Specifically, the following matches will be removed from the Principal Notice:

 

  • the test match involving Australia and New Zealand played on 9 December 2011 to 13 December 2011;
  • the test match involving Australia and India played on 26 December 2011 to 30 December 2011;
  • the test match involving Australia and India played on 3 January 2012 to 7 January 2012;
  • the test match involving Australia and India played on 13 January 2012 to 17 January 2012;
  • the test match involving Australia and India played on 24 January 2012 to 28 January 2012;
  • the ODI match involving Australia and India played on 5 February 2012;
  • the ODI match involving Australia and Sri Lanka played on 10 February 2012;
  • the ODI match involving Australia and India played on 12 February 2012;
  • the ODI match involving Australia and Sri Lanka played on 17 February 2012;
  • the ODI match involving Australia and India played on 19 February 2012;
  • the ODI match involving Australia and Sri Lanka played on 24 February 2012;
  • the ODI match involving Australia and India played on 26 February 2012;
  • the ODI match involving Australia and Sri Lanka played on 2 March 2012;
  • the First Final of the ODI series played on 4 March 2012 (in the event the match involves Australia);
  • the Second Final of the ODI series played on 6 March 2012 (in the event the match involves Australia); and
  • the third final of the ODI series played on 8 March 2012 (in the event the match involves Australia).

 

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 increased live coverage of these matches. For example, this would allow coverage of these events on a digital multi-channel while regularly scheduled news programming is broadcast on the free-to-air broadcaster’s main channel. 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. 15 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 7.1 and 7.3 of the Schedule to the Principal Notice with new Items 7.1 and 7.3.

 

These amendments have the effects of removing specified events from the Principal Notice.

 

Specifically, as a result of the amendment to Item 7.1, each test match involving the senior Australian representative team selected by Cricket Australia played in Australia will remain listed on the Principal Notice, except for each test match involving Australia played between 9 December 2011 and 28 January 2012.

 

As a result of the amendment to Item 7.3, each one day cricket match involving the senior Australian representative team selected by Cricket Australia played in Australia will remain listed on the Principal Notice, except for each one day international cricket match involving Australia played between 5 February 2012 and 8 March 2012.

 

Consultation

 

Consultation was undertaken with the Nine Network following their request to the Minister that the aforementioned cricket matches of the 2011-12 cricket season in Australia be removed from the anti-siphoning list. The Nine Network has advised that it holds the exclusive television broadcast rights in Australia to the 2011-12 cricket matches involving the Australian cricket team, which are subject to this instrument.

 

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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.