Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 18 of 2013)

Administered by Department of Communications and the Arts

Legislation au F2014L00029 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 18 of 2013)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 18 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 multi-channel.

 

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 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 broadcaster’s standard definition or high definition television digital multi‑channels without first being shown, or being shown simultaneously, on the broadcaster’s primary digital multi‑channel.

 

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 2014 Australian Open tennis tournament, except for the men’s singles final and women’s singles final. This amending Notice also removes spent provisions in the Principal Notice concerning past tennis events.

 

The 2014 Australian Open tennis tournament

 

This Notice will remove from the Principal Notice all matches of the 2014 Australian Open tennis tournament, except for the men’s singles final and women’s singles final. This tournament is scheduled to occur between 13 and 26 January 2014.

 

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 secondary 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 2014 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. 18 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 9.1 of the Schedule to the Principal Notice.

 

Clause 9.1 of the Principal Notice includes each match of the Australian Open tennis tournament. The amendment to clause 9.1 has the effect of excluding from the anti‑siphoning list all matches played as part of the 2014 Australian Open tennis tournament, except for the men’s singles final and women’s singles final. That is, the 2014 men’s singles final and women’s singles final will remain listed in the Principal Notice.

 

Item 2 amends clause 9.2 of the Schedule to the Principal Notice.

 

Clause 9.2 of the Principal Notice includes each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon (the Lawn Tennis Championships) tournament. The repeal and substitution of clause 9.2 has the effect of removing from the Principal Notice a spent provision concerning past tennis matches that were played as part of the 2012 and 2013 Wimbledon tennis tournaments.

 

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 2014 Australian 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 2014 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, News Corp Australia, Foxtel, Fox Sports and Tennis Australia in relation to this Notice. The Seven Network holds the free‑to‑air broadcast rights to the 2014 Australian Open tennis tournament; Fox Sports holds the subscription broadcast rights to the event.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 18 of 2013) was enacted under the Broadcasting Services Act 1992 (BSA) to address the need for flexibility in free-to-air television coverage of certain events, particularly the 2014 Australian Open tennis tournament. The Minister for Communications, exercising powers under the BSA, issued this amendment to the anti-siphoning list to permit the free-to-air broadcaster, the Seven Network, to premiere certain matches on a secondary digital multi-channel, thereby enhancing the viewing experience for Australian audiences. This amendment allows the Seven Network to increase live coverage of the tournament while still complying with the BSA's requirements to ensure that certain events are televised free to the public. The Notice also removes outdated provisions concerning past tennis events. This legislative instrument is compatible with human rights, promoting freedom of expression and cultural rights by facilitating greater access to live sports coverage.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 18 of 2013) applies to broadcasters, particularly commercial and subscription television broadcasters, by altering the scope of events subject to the anti-siphoning list under the Broadcasting Services Act 1992. The amendment removes all matches of the 2014 Australian Open tennis tournament, except for the men's and women's singles finals, from the list, thereby allowing the Seven Network, which holds the free-to-air broadcast rights, to premiere these events on a secondary digital multi-channel. This amendment is made under the authority of the Minister for Communications and aims to increase live coverage and enhance the viewing experience for Australian audiences. The Notice operates nationally, aligning with the geographic scope of the Broadcasting Services Act 1992, and it is a legislative instrument governed by the Legislative Instruments Act 2003. No specific exclusions or thresholds are stated, but the Notice does remove spent provisions concerning past tennis events from the anti-siphoning list. This amendment is effective in providing the Seven Network greater flexibility in scheduling without contravening anti-siphoning regulations.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 18 of 2013) modifies the anti-siphoning list by removing specific matches of the 2014 Australian Open tennis tournament, except for the men's and women's singles finals. This adjustment is encapsulated in the schedule of the notice, with clause 9.1 being amended to exclude all 2014 Australian Open matches from the list, while clause 9.2 is amended to remove past Wimbledon matches, which are now considered spent provisions (Clauses 1 to 3). This amendment effectively allows the Seven Network, which holds the free-to-air broadcast rights for these events, to premiere the matches on a secondary digital multi-channel, providing greater flexibility in their broadcast strategy. The obligations under this notice require subscription television broadcasters to refrain from acquiring rights to the specified events ahead of commercial and national broadcasters, as per section 99 of the Broadcasting Services Act 1992. Furthermore, commercial and national broadcasters must ensure that events on the anti-siphoning list are broadcast on their primary digital multi-channel, or simultaneously on their standard definition or high definition digital multi-channels (Section 115(1) of the BSA). These obligations aim to ensure that significant sporting events are accessible to the public through free-to-air television. The notice outlines potential consequences for non-compliance with the broadcasting requirements. While the notice itself does not specify particular penalties, the Broadcasting Services Act 1992 provides a framework for penalties in case of breaches. Generally, non-compliance could lead to enforcement actions by the Australian Communications and Media Authority, which could include fines or other sanctions as stipulated in the BSA. The severity of these penalties could depend on the nature and extent of the breach, with potential maximum penalties outlined in the relevant sections of the BSA.

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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.