Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 16 of 2013)

Administered by Department of Communications and the Arts

Legislation au F2013L01923 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 16 of 2013)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 16 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 2013 Australian Masters golf tournament and the 2013 Australian Open golf tournament. The amending Notice also removes spent provisions in the Principal Notice concerning past golf events.

 

The 2013 Australian Masters and 2013 Australian Open golf tournaments

 

The 2013 Australian Masters golf tournament is scheduled to occur between 14 November 2013 and 17 November 2013. The 2013 Australian Open golf tournament is scheduled to occur between 28 November 2013 and 1 December 2013. This Notice will remove each round of both of these tournaments from the Principal Notice.

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to the above tournaments (the Seven Network 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 tournaments. 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. 16 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 11.1 of the Schedule to the Principal Notice. Clause 11.1 of the Schedule to the Principal Notice includes the Australian Masters golf tournament on the anti‑siphoning list. The amendment to clause 11.1 removes all rounds of the 2013 Australian Masters golf tournament from the list.

 

Item 2 amends clause 11.2 of the Schedule to the Principal Notice. Clause 11.2 of the Schedule to the Principal Notice includes the Australian Open golf tournament on the anti‑siphoning list. The amendment to clause 11.1 removes all rounds of the 2013 Australian Open golf tournament from the list.

 

Item 3 amends Clause 11.3 of the Schedule to the Principal Notice. This amendment has the effect of removing a spent provision that concerns the 2012 United States Masters golf tournament.

 

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 golf.

 

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 the 2013 Australian Masters golf tournament and the 2013 Australian Open golf tournament 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 the Seven Network in relation to this Notice. The Seven Network holds the free‑to‑air broadcast rights to the two golf tournaments affected by this Notice. The office of the Minister for Communications also consulted with subscription television broadcasters in relation to this Notice.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 16 of 2013) was issued under the Broadcasting Services Act 1992 to amend the original anti-siphoning list by removing the 2013 Australian Masters golf tournament and the 2013 Australian Open golf tournament. This amendment was intended to permit these events to be premiered on a free-to-air television digital multichannel, thus allowing greater flexibility for free-to-air broadcasters and enhancing the viewing experience for Australian audiences. The Minister for Communications issued this legislative instrument, which was designed to align with Australia's commitments under international human rights instruments, specifically promoting freedom of expression and cultural rights by facilitating greater access to live coverage of sports events. Consultations were held with relevant broadcasters, including the Seven Network and subscription television broadcasters, to gather input on the proposed changes.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 16 of 2013) is an amendment made by the Minister for Communications under subsection 115(2) of the Broadcasting Services Act 1992, aimed at modifying the anti-siphoning list by removing specific golf tournaments from the list to allow for their premiere on a free-to-air television digital multichannel. This legislative instrument applies to entities such as subscription television broadcasters, commercial television broadcasters, and national broadcasters who are subject to the anti-siphoning provisions of the BSA. The amendment pertains to the 2013 Australian Masters golf tournament and the 2013 Australian Open golf tournament, removing them from the list of events that must be televised free to the public. This change permits the Seven Network, which holds the free-to-air broadcast rights to these tournaments, greater flexibility in scheduling and potentially enhancing the viewing experience for audiences. The amendment also removes outdated provisions concerning past golf events. The Notice is applicable across Australia and is compatible with human rights, as it facilitates greater access to live coverage of golf, thereby promoting freedom of expression and cultural rights.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 16 of 2013) amends the Broadcasting Services (Events) Notice (No. 1) 2010, which originally listed events that should be televised free to the public. This amendment removes the 2013 Australian Masters golf tournament and the 2013 Australian Open golf tournament from the anti-siphoning list. This change permits these events to be premiered on free-to-air television digital multichannels. Specifically, Item 1 of the Schedule removes all rounds of the 2013 Australian Masters golf tournament from the anti-siphoning list, while Item 2 removes all rounds of the 2013 Australian Open golf tournament from the same list. Item 3 removes a spent provision concerning the 2012 United States Masters golf tournament. By removing these events from the anti-siphoning list, the amendment allows free-to-air broadcasters, such as the Seven Network and its regional affiliates, to have greater flexibility in broadcasting these events, potentially enhancing the viewing experience for Australian audiences. The Broadcasting Services Act 1992 (BSA) imposes several obligations on the parties and entities it governs. Under section 115 of the BSA, the Minister for Communications is authorised to make a notice specifying events that should be televised free to the public. This anti-siphoning list includes restrictions on subscription television broadcasters, prohibiting them from acquiring rights to televise these events before commercial television broadcasters and national broadcasters (see section 99 of the BSA). Additionally, commercial television broadcasters and national broadcasters must ensure that these events are shown on their primary digital multichannels either simultaneously or before they are shown on their standard definition or high definition television digital multichannels (see Part 4A of Schedule 4 to the BSA). These obligations are intended to ensure that significant events are accessible to the broader public without the need for a subscription to a pay-TV service. Breaches of the obligations and requirements set forth in the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 16 of 2013) may have civil and criminal consequences. While the Notice itself does not explicitly state penalties for non-compliance, the BSA provides for penalties for breaches of its provisions. For example, under section 165 of the BSA, a person who contravenes a licence condition commits an offence. The maximum penalty for a corporation is $210,000, and for an individual, it is $42,000. Additionally, under section 167, a person who contravenes a provision of the BSA that is not a licence condition commits an offence and may be liable for a penalty of up to $10,500. These penalties are intended to enforce compliance with broadcasting regulations and protect the interests of the public.

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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.