Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2013)

Administered by Department of Communications and the Arts

Legislation au F2013L00459 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 2 of 2013)

 

 

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. 2 of 2013) (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 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 to be played between 14 March 2013 and 14 April 2013 as part of the 2013 National Rugby League Premiership competition. The events to be removed are those specified in Item 5.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

2013 National Rugby League Premiership

 

The 2013 National Rugby League Premiership is being held between 7 March 2013 and 6 October 2013 in various locations around Australia and New Zealand. It consists of 26 rounds and a Finals Series, and is being contested by 16 teams.

 

This Notice will remove from the Principal Notice all matches to be played between 14 March 2013 and 14 April 2013 as part of the 2013 National Rugby League Premiership competition.

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to the 2013 National Rugby League Premiership (the Nine Network and its affiliates) to premiere the delisted events on a digital multi‑channel 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 and increase live coverage of the 2013 National Rugby League Premiership competition. 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. 2 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 is a definitions clause.

 

Clause 4 is the main operative clause.

 

It provides that the Principal Notice is amended by substituting the existing Item 5.1 of the Schedule to the Principal Notice with a new Item 5.1.

 

This amendment has the effect of removing certain events from the Principal Notice. Specifically, the effect of new Item 5.1 of the Schedule is that each match of the National Rugby League Premiership competition, including the Finals Series, will remain listed on the Principal Notice, except for all matches to be played between 14 March 2013 and 14 April 2013 as part of the 2013 National Rugby League Premiership competition.

 

The substituted Item 5.1 also has the effect of removing spent provisions from the Principal Notice. The spent provisions of Item 5.1 specified particular events that occurred during the 2012 National Rugby League Premiership competition.

 

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 2013 National Rugby League Premiership competition.

 

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 National Rugby League Premiership competition from the anti-siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of the 2013 Premiership. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The Minister for Broadband, Communications, and the Digital Economy consulted with the Nine Network in relation to this Notice. The Nine Network holds the free‑to‑air broadcast rights to the 2013 National Rugby League Premiership competition.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2013), issued under the Broadcasting Services Act 1992, aims to amend the existing anti-siphoning list by removing certain matches of the 2013 National Rugby League Premiership competition from the list to allow for their premiere on free-to-air digital multi-channels. This legislative instrument is introduced to provide greater flexibility in the free-to-air television coverage of the event, enhancing the viewing experience for Australian audiences. The Minister for Broadband, Communications, and the Digital Economy, who enacted this notice, intended to facilitate better access to live coverage of the event by allowing the Nine Network, which holds the free-to-air broadcast rights, to premiere specified matches on digital multi-channels. This amendment is a response to the evolving broadcasting landscape and seeks to balance the interests of broadcasters and viewers.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2013) is an instrument made by the Minister for Broadband, Communications and the Digital Economy under the Broadcasting Services Act 1992. It aims to amend the anti-siphoning list by removing certain events from the list, allowing them to be premiered on a free-to-air television digital multi-channel. The Notice applies to events within the 2013 National Rugby League Premiership competition, specifically those matches to be played between 14 March 2013 and 14 April 2013. This amendment provides flexibility for free-to-air broadcasters, namely the Nine Network and its affiliates, to premiere the delisted events on a digital multi-channel, enhancing live coverage of the competition and improving the viewing experience for Australian audiences. The Notice does not specify exclusions or exemptions but rather focuses on amending the existing anti-siphoning list to achieve its purpose. The Notice's scope and application are limited to the events specified within the amendment, and its effect is to modify the Principal Notice by removing certain matches from the anti-siphoning list.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2013) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) by removing certain events from the anti-siphoning list. Specifically, all matches of the 2013 National Rugby League Premiership competition scheduled between 14 March 2013 and 14 April 2013 are removed from the list (Clause 4). This amendment allows free-to-air broadcasters, such as the Nine Network, to premiere these matches on their digital multi-channels, providing more flexibility and potentially increasing live coverage of the competition. The primary obligation imposed by this Notice is on free-to-air broadcasters who hold the broadcast rights for the removed events. These broadcasters must now ensure that the specified matches are either premiered on a digital multi-channel or shown on their main channel during the simulcast period as per the Broadcasting Services Act 1992 (BSA) requirements. The Notice also mandates that the anti-siphoning list must be updated to reflect these changes, ensuring that the list accurately represents the events that remain subject to anti-siphoning provisions. Failure to comply with the provisions of the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2013) may result in breaches of the BSA. Such breaches could lead to regulatory actions against the broadcasters, potentially including fines and other sanctions. While the Notice does not specify maximum penalties, under the BSA, the penalties for contravening anti-siphoning provisions can include fines up to a substantial amount, reflecting the seriousness of ensuring that the specified events are televised free to the public. Additionally, persistent or significant breaches could lead to further enforcement actions, including potential revocation of broadcasting licences.

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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.