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.

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2011) was introduced to address a specific issue related to the broadcast of certain cricket matches involving the Australian cricket team during the 2011-12 season. This legislative instrument was made under subsection 115(2) of the Broadcasting Services Act 1992 by the Minister for Broadband, Communications and the Digital Economy. The primary objective of this amendment was to remove certain test matches and one day international (ODI) cricket matches from the anti-siphoning list, thereby allowing these events to be premiered on a free-to-air television digital multi-channel. This change aimed to enhance the viewing experience for Australian audiences by providing increased live coverage of these matches, particularly when regular news programming was being broadcast on the main channel. The amendment was made in response to a request from the Nine Network, which held the exclusive broadcast rights to these matches.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2011) applies to all broadcasters operating within Australia, particularly those holding rights to televise specified events, and to the Minister for Broadband, Communications and the Digital Economy who exercises the power to amend the anti-siphoning list under the Broadcasting Services Act 1992. This Notice is significant for entities such as the Nine Network, which holds the broadcast rights for certain cricket matches involving the Australian Cricket team. The Notice aims to remove certain cricket matches from the anti-siphoning list, thereby permitting these matches to be premiered on a free-to-air television digital multi-channel, which could otherwise be restricted under the anti-siphoning provisions of the Act. The geographic reach of this Notice is national, applying across all states and territories of Australia. There are no specific exclusions or thresholds stated in the Notice, but it does not apply to events not specified in the amendments. The application of this Notice can be extended or restricted through subordinate instruments made under the authority of the Broadcasting Services Act 1992.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2011) primarily serves to amend the Principal Notice by removing certain cricket matches from the anti-siphoning list (Clause 4). This amendment allows specified test matches and one day international (ODI) matches involving the Australian Cricket team, scheduled between December 2011 and March 2012, to be premiered on free-to-air television digital multi-channels. The amendment specifies that the events to be removed are those listed in Items 7.1 and 7.3 of the Schedule to the Principal Notice. The changes ensure that the anti-siphoning list no longer includes the matches identified, permitting the Nine Network and its affiliates, which hold the broadcast rights, to premiere these matches on their digital multi-channels. Under this Notice, broadcasters and entities holding the broadcast rights for the specified events are relieved from the restrictions that would otherwise apply under the Broadcasting Services Act 1992 (BSA). These restrictions typically prevent subscription television broadcasters from acquiring rights to televise the events ahead of commercial television broadcasters and national broadcasters. Moreover, the restrictions on commercial television broadcasters and national broadcasters ensure that anti-siphoning events are shown on their primary channels or simultaneously on their digital multi-channels during and after the simulcast period. However, with the specified events removed from the anti-siphoning list, these restrictions no longer apply to the identified matches. The Notice does not explicitly outline criminal or civil penalties for non-compliance. However, any breach of the BSA, including failure to comply with the Minister's notices under subsection 115(1), could potentially result in legal consequences. Under the BSA, breaches may be subject to fines, corrective notices, or other enforcement actions as deemed appropriate by the relevant authorities. The severity and nature of these penalties would depend on the specific circumstances of the breach and the discretion of the enforcement agencies.

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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.