Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2014)

Administered by Department of Communications and the Arts

Legislation au F2014L01801 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 2014)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2014) (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 paragraph 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 general public. An event or an event of a kind specified in a notice under subsection 115(1) is an ‘anti-siphoning event’ for the purposes of the definition of that term in section 6 of the BSA. The notice made under subsection 115(1) 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 subscription television broadcasters from acquiring rights to televise the event ahead of free-to-air 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 free-to-air 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 these events) are not shown on the broadcasters’ standard definition or high definition digital television multichannels without first being shown, or being shown simultaneously, on the broadcasters’ main channels (see Part 4A of Schedule 4 to the BSA). These restrictions continue to apply now that the ‘simulcast period’ has concluded.

 

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 revise a date specified concerning a number of “test” cricket matches involving the senior Australian representative team. The change of date is specified in clause 7.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

Rescheduling of “test” matches in Australia involving the Australian cricket team

 

The Principal Notice was previously amended by the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 14 of 2014) to remove a number of “test” cricket matches to be played in Australia involving the senior Australian cricket team. These matches were scheduled to occur between 4 December 2014 and 7 January 2015. However, due to unforeseen circumstances, a number of these matches have been rescheduled and are now scheduled to occur between 9 December 2014 and 10 January 2015.

 

This Notice will amend clause 7.1 of the Schedule to the Principal Notice to account for the revised date that the “test” cricket matches are scheduled to occur.

 

The amendment will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to this event, Nine Network and its affiliates, to premiere coverage of the ‘delisted’ events on a digital multichannel. Removing these events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of the matches in question. This will enhance the viewing experience for Australian audiences.

 

Notes on Clauses

 

Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2014).

 

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

 

Section 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 1 - Amendments

 

Item 1 provides that the Principal Notice is amended by repealing the existing clause 7.1 of the Schedule to the Principal Notice and substituting a new clause 7.1.

 

Clause 7.1 of the Principal Notice specifies that each cricket “test” match involving the senior Australian representative team selected by Cricket Australia played in Australia is included in the anti‑siphoning list. The amendment to clause 7.1 effectively removes from the list cricket “test” matches to be played in Australia against India between 9 December 2014 and 10 January 2015.

 

Repealing the existing clause 7.1 of the Schedule to the Principal Notice and substituting a new clause 7.1 will also have the effect of revising the specified date that the  “test” matches are scheduled to be played from between 4 December 2014 and 7 January 2015 (as currently specified in the Principal Notice) to between 9 December 2014 and 10 January 2015.

 

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 cricket tournaments.

 

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

 

Consultation

 

The office of the Minister for Communications consulted with the Nine Network in relation to this Notice. Nine currently holds the free-to-air broadcast rights to the cricket “test” matches affected by this Notice.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2014) was enacted to address the issue of rescheduled cricket test matches involving the Australian cricket team. This amendment, issued by the Minister for Communications under subsection 115(2) of the Broadcasting Services Act 1992, aims to modify the Broadcasting Services (Events) Notice (No. 1) 2010 to permit the rescheduled cricket matches to be premiered on free-to-air digital multichannels. The Broadcasting Services Act 1992 establishes the framework for broadcasting services in Australia, and this amendment seeks to provide flexibility in the broadcasting of the specified cricket matches, thereby enhancing the viewing experience for the Australian public. The policy objective of this amendment is to promote freedom of expression and cultural rights by ensuring greater access to live coverage of cricket events for all Australians.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2014) applies to broadcasters in Australia who hold the rights to televise certain cricket "test" matches involving the senior Australian representative team. The Notice, made by the Minister for Communications under the Broadcasting Services Act 1992, is aimed at modifying the Broadcasting Services (Events) Notice (No. 1) 2010 to remove specific events from the anti-siphoning list, thereby permitting these events to be premiered on a ‘free-to-air’ television digital multichannel. This amendment allows broadcasters to offer more flexible coverage of the matches, potentially enhancing the viewing experience for the Australian public. The changes made by this Notice pertain to the scheduling of cricket "test" matches involving the Australian cricket team, which were initially set between 4 December 2014 and 7 January 2015 but were rescheduled to between 9 December 2014 and 10 January 2015. The Notice, once registered on the Federal Register of Legislative Instruments, becomes effective immediately and applies across Australia, ensuring that the amendments to the anti-siphoning list are uniformly enforced.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2014) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice), as specified in the Schedule (section 3). The primary change made by this Notice is the revision of the dates for certain cricket “test” matches involving the Australian cricket team, previously scheduled to occur between 4 December 2014 and 7 January 2015. The amendment updates these dates to between 9 December 2014 and 10 January 2015 (Schedule, item 1). Additionally, this amendment removes these matches from the anti-siphoning list, which was previously included in clause 7.1 of the Principal Notice. By removing these matches from the anti-siphoning list, the Notice allows the free-to-air broadcaster, Nine Network and its affiliates, to premiere coverage of the matches on a digital multichannel. This change is designed to enhance the viewing experience for Australian audiences by providing greater flexibility in the free-to-air television coverage of these matches. The Broadcasting Services Act 1992 (BSA) imposes specific obligations on subscription television broadcasters, free-to-air commercial television broadcasters, and national broadcasters. Under section 99 of the BSA, subscription television broadcasters are prohibited from acquiring rights to televise events specified in the anti-siphoning list before free-to-air commercial television broadcasters and national broadcasters. Moreover, Part 4A of Schedule 4 to the BSA imposes restrictions on free-to-air commercial television broadcasters and national broadcasters, requiring that these events, or parts of these events, must be shown on the broadcasters' main channels before they are shown on their standard definition or high definition digital television multichannels. The amendment to the Principal Notice effectively removes the specified cricket matches from the anti-siphoning list, thereby relieving these broadcasters of the restrictions that were previously in place. There are no specific offences, penalties, or consequences for breach outlined in the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 15 of 2014). However, any breach of the broadcasting restrictions outlined in the BSA could result in enforcement actions by the Australian Communications and Media Authority (ACMA). Under the BSA, non-compliance with the anti-siphoning requirements could lead to administrative action, including fines. The maximum penalties for non-compliance with broadcasting standards are specified in section 138 of the BSA, which can include substantial fines for individuals and corporations. The ACMA is responsible for monitoring compliance with the broadcasting requirements and can take action against broadcasters who fail to adhere to the stipulated conditions.

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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.