Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2012)

Administered by Department of Communications and the Arts

Legislation au F2013L00002 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 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. 15 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 all matches of the 2013 Australian Open tennis tournament, except for the men’s singles final and women’s singles final.

 

The events to be removed are specified in Item 9.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

The 2013 Australian Open tennis tournament

 

This Notice will remove from the Principal Notice all matches of the 2013 Australian Open tennis tournament, except for the men’s singles final and women’s singles final. This tournament is scheduled to occur between 14 January and 27 January 2013.

 

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 these events from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of the 2013 Australian Open tennis tournament. 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 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 9.1 of the Schedule to the Principal Notice with a new Item 9.1. This amendment has the effect of removing certain events from the Principal Notice.

 

The effect of new Item 9.1 is that each match of the Australian Open tennis tournament will remain listed in the Principal Notice, except for all matches of the 2013 Australian Open tennis tournament, excluding the men’s singles final and women’s singles final. That is, the 2013 men’s singles final and women’s singles final will remain listed in the Principal Notice.

 

The substituted Item 9.1 also has the effect of removing spent exceptions from the Principal Notice. The spent exceptions relate to matches held as part of the 2011 and 2012 Australian Open tennis tournaments that have already occurred.

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 2013Australian Open tennis 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 certain matches to be held as part of the 2013 Australian Open tennis 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 2013 Australian Open tennis tournament.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2012) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010, commonly known as the anti-siphoning list, by removing certain events from the list to allow them to be premiered on a free-to-air television digital multi-channel. The Minister for Broadband, Communications and the Digital Economy issued this notice under subsection 115(2) of the Broadcasting Services Act 1992 (BSA). The purpose of this amendment is to provide greater flexibility for free-to-air broadcasters in covering the 2013 Australian Open tennis tournament, thus enhancing the viewing experience for Australian audiences. This change aims to balance the requirements of the anti-siphoning provisions with the need for flexibility in broadcasting schedules, ensuring that audiences can access live coverage of major sporting events. This legislative instrument addresses the need to adapt to changes in broadcasting technology and audience preferences while maintaining the core objective of the anti-siphoning provisions, which is to ensure that certain significant events are televised free to the general public. By removing specific matches from the anti-siphoning list, the amendment aims to facilitate increased live coverage and improve viewer access to the 2013 Australian Open tennis tournament. The compatibility of this notice with human rights is affirmed, as it promotes freedom of expression and cultural rights by enhancing access to live sports coverage for all Australians.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2012) applies to events specified within the Broadcasting Services Act 1992 (BSA), particularly those included in the anti-siphoning list, which is a list of events that should be televised free to the general public. This Notice, made under the authority of the Minister for Broadband, Communications and the Digital Economy, amends the Principal Notice to remove certain events—all matches of the 2013 Australian Open tennis tournament, except for the men's singles final and women's singles final—from the anti-siphoning list to allow for their premiere on a free-to-air television digital multi-channel. This amendment provides greater flexibility for free-to-air broadcasters and increases live coverage of the event, thereby enhancing the viewing experience for Australian audiences. The Notice applies nationally across Australia and affects subscription, commercial, and national television broadcasters who must comply with the restrictions outlined in the BSA. The amendment becomes effective on the day it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative section of the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2012) (the Notice) is Clause 4, which amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) by substituting Item 9.1 of the Schedule to the Principal Notice. This amendment removes all matches of the 2013 Australian Open tennis tournament, except for the men’s singles final and women’s singles final, from the Principal Notice. This change allows the Seven Network, which holds the free-to-air broadcast rights for these events, to premiere them on a digital multi-channel, enhancing live coverage and the viewing experience for Australian audiences. The Notice imposes obligations on the Seven Network, which must ensure that the specified events are not shown on their standard or high-definition digital multi-channels without first being shown, or being shown simultaneously, on their main channels during the simulcast period. Similar restrictions apply after the end of the simulcast period. This ensures that the men’s and women’s singles finals, which remain on the anti-siphoning list, are broadcast as per the existing broadcasting regulations. The Notice does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, any breach of the broadcasting regulations, including those implied by this Notice, could potentially lead to enforcement actions by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act 1992 (BSA). Non-compliance with the BSA could result in penalties, including fines, as outlined in the Act. The BSA allows for fines of up to $100,000 for individuals and up to $500,000 for bodies corporate for each offence, depending on the severity and intent of the breach. The Notice also states its compatibility with human rights, asserting that it promotes freedom of expression and cultural rights by facilitating greater access to live coverage of the 2013 Australian Open tennis tournament. It references the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both of which Australia has signed, to support this compatibility. By removing certain matches from the anti-siphoning list, the Notice aims to enhance the viewing experience for Australian audiences, ensuring that more matches can be broadcast live on digital multi-channels, thereby increasing overall coverage of the event.

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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.