Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2013)

Administered by Department of Communications and the Arts

Legislation au F2013L01870 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 2013)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2013) (the Notice) is made by the Minister for Communications (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 multichannel.

 

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 make a notice that specifies events that in the Minister’s opinion should be televised free to the public. Such a notice is commonly known as the anti-siphoning list.

 

The inclusion of an event in the anti-siphoning list 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 from the anti-siphoning list. Such restrictions ensure that these events (or parts of those events) are not shown on the broadcasters’ standard definition or high definition television digital multichannels 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 a commercial television broadcaster’s or a national broadcaster’s primary digital multichannel.

 

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 the rugby union “test” match to be played on 2 November 2013 between Australia and England, and the rugby union “test” match to be played on 9 November 2013 between Australia and Italy. The amending Notice also removes spent provisions in the Principal Notice concerning past rugby union events.

 

The 2013 Spring Tour

 

The 2013 Spring Tour involves the senior Australian representative rugby union team (the Wallabies) playing five rugby union test matches against the senior representative rugby union teams of England, Italy, Ireland, Scotland and Wales. The matches will be held in various locations across the United Kingdom and Italy between 2 and 30 November 2013 local time in those regions.

 

This Notice will remove from the anti-siphoning list two rugby union “test” matches to be played as part of the Spring Tour. The matches to be removed will be played on 2 November 2013 between Australia and England and on 9 November 2013 between Australia and Italy.

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to these matches (Network Ten and its regional affiliates) to premiere coverage of the delisted events on a digital multichannel in each relevant television licence area.

 

Removing these events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of the delisted matches. 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 2013).

 

Clause 2 provides that the Notice will commence on the day it is registered on the Federal Register of Legislative Instruments.

 

Clause 3 provides that the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) is amended in accordance with the items contained in the attached Schedule.

 

Schedule - Amendments

 

Item 1 amends clause 6.1 of the Schedule to the Principal Notice.

 

Clause 6.1 of the Principal Notice includes particular rugby union “test” matches in the anti‑siphoning list. The amendment to clause 6.1 removes from the list the rugby union “test” match to be played in the United Kingdom on 2 November 2013 between the senior Australian representative team selected by the Australian Rugby Union and the senior English representative team, and the rugby union “test” match to be played in Italy on 9 November 2013 between the senior Australian representative team selected by the Australian Rugby Union and the senior Italian representative team. This amendment also has the effect of removing several spent provisions that concern past rugby union “test” matches that were played between 7 September 2013 and 19 October 2013.

 

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 rugby union.

 

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 international rugby union “test” matches from the anti-siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of these events. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister for Communications consulted with Network Ten in relation to this Notice. Network Ten holds the free‑to‑air broadcast rights to the rugby union “test” matches affected by this Notice. The office of the Minister for Communications also consulted with the Australian Rugby Union, and subscription television broadcasters in relation to this Notice.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2013) was enacted in 2013 to amend the Broadcasting Services (Events) Notice (No. 1) 2010. This amendment was made by the Minister for Communications under subsection 115(2) of the Broadcasting Services Act 1992. The primary purpose of this amendment was to remove certain rugby union "test" matches from the anti-siphoning list to allow free-to-air broadcasters to premiere these events on their digital multichannels, thereby providing more flexibility in their coverage and enhancing the viewing experience for Australian audiences. The Broadcasting Services Act 1992 aims to ensure that certain events are televised free to the public, with the anti-siphoning list designed to prevent subscription television broadcasters from acquiring exclusive rights to these events. By removing these specific matches from the anti-siphoning list, the amendment seeks to balance the interests of broadcasters and viewers, facilitating greater access to live sports coverage.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2013) is a legislative instrument made by the Minister for Communications under the Broadcasting Services Act 1992. This Notice aims to amend the existing anti-siphoning list by removing specific rugby union "test" matches from the list, thereby permitting these events to be premiered on a free-to-air television digital multichannel. The Notice applies to broadcasters and specifically targets the events scheduled for 2 November 2013 between Australia and England, and 9 November 2013 between Australia and Italy. This amendment is made to allow free-to-air broadcasters, such as Network Ten and its regional affiliates, who hold the broadcast rights for these matches, to offer more flexible coverage options on their digital multichannels. By removing these matches from the anti-siphoning list, the Notice seeks to enhance the viewing experience for Australian audiences by potentially increasing the availability of live coverage of these events. The Notice is compatible with human rights, as it facilitates greater access to live sports coverage, which is considered part of cultural life under international human rights instruments.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2013) (the Notice) was made by the Minister for Communications under subsection 115(2) of the Broadcasting Services Act 1992 (the BSA) (section 1). The purpose of the Notice is to amend the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) by removing specific rugby union "test" matches from the anti-siphoning list. The Notice removes the rugby union "test" match to be played on 2 November 2013 between Australia and England, and the rugby union "test" match to be played on 9 November 2013 between Australia and Italy from the anti-siphoning list (Schedule, Item 1). This amendment allows the free-to-air broadcasters, Network Ten and its regional affiliates, that hold the free-to-air broadcast rights to these matches to premiere coverage of the delisted events on a digital multichannel in each relevant television licence area. The Notice imposes obligations on subscription television broadcasters, commercial television broadcasters, and national broadcasters with regard to the televising of events from the anti-siphoning list. For subscription television broadcasters, the inclusion of an event in the anti-siphoning list triggers a licence condition that prohibits them from acquiring rights to televise the event ahead of commercial television broadcasters and national broadcasters (section 99 of the BSA and paragraph 10(1)(e) of Schedule 2 to the BSA). For commercial television broadcasters and national broadcasters, the Notice imposes restrictions to ensure that events from the anti-siphoning list are shown first, or shown simultaneously, on their primary digital multichannel (Part 4A of Schedule 4 to the BSA). The removal of certain rugby union "test" matches from the anti-siphoning list provides these broadcasters with greater flexibility in their coverage of the matches. Under the Broadcasting Services Act 1992, there are no specific offences, penalties, or civil/criminal consequences mentioned for breaches related to the anti-siphoning list or the removal of events from the list. However, broadcasters who fail to comply with the licensing conditions or the restrictions imposed by the anti-siphoning list may face regulatory action or penalties under the Broadcasting Services Act 1992 or other relevant legislation. The Notice itself does not impose any additional penalties for breaches, but it does facilitate greater access by all Australians to live coverage of rugby union by promoting freedom of expression and cultural rights.

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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.