Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2014)

Administered by Department of Communications and the Arts

Legislation au F2014L00262 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 2 of 2014)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 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 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 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 these 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 (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 remove from the current anti-siphoning list each match of the 2014 Australian Football League Premiership competition, including the Finals Series but excluding the 2014 Grand Final. The amending Notice also removes spent provisions in the Principal Notice concerning matches played as part of the 2013 Australian Football League Premiership competition.

 

2014 Australian Football League Premiership

 

The 2014 Australian Football League Premiership competition will be held between 14 March 2014 and 27 September 2014 in various locations around Australia. It will consist of 23 rounds and a Finals Series, and will be contested by 18 teams.

 

This Notice will remove from the Principal Notice all events held as part of the 2014 Australian Football League Premiership competition, including the Finals Series but excluding the 2014 Grand Final, which will remain on the anti-siphoning list.

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to the 2014 Australian Football League Premiership (the Seven 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 2014 Australian Football League Premiership competition. 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. 2 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 - Amendments

 

Item 1 amends clause 4.1 of the Schedule to the Principal Notice.

 

Clause 4.1 of the Principal Notice includes each match in the Australian Football League Premiership competition, including the Finals Series, on the anti‑siphoning list. The amendment to clause 4.1 has the effect of excluding from the anti-siphoning list all matches to be played as part of the 2014 Australian Football League Premiership competition, including the Finals Series but excluding the Grand Final. All matches after the 2014 Premiership season will continue to be specified in clause 4.1 of the Principal Notice. The amendment also removes spent provisions concerning matches played as part of the 2013 Australian Football 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 Australian Football League.

 

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 Australian Football League matches from the anti‑siphoning list will give free-to-air broadcasters greater flexibility in coverage of these events and facilitate live coverage. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister for Communications consulted with the AFL, Fox Sports, Foxtel and the Seven Network in relation to this Notice. The Seven Network holds the free‑to‑air broadcast rights to the 2014 Australian Football League Premiership competition, and Foxtel and Fox Sports hold the subscription television rights.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2014) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010, removing certain events from the anti-siphoning list. This amendment was made to provide greater flexibility for free-to-air broadcasters, specifically the Seven Network, to premiere certain events on a digital multi-channel. The objective of the Notice, as stated by the Minister for Communications, is to enhance the viewing experience for Australian audiences by increasing live coverage of the 2014 Australian Football League Premiership competition. The Notice was issued under the authority of the Broadcasting Services Act 1992 and was designed to address the need for greater broadcasting flexibility while still ensuring that significant events are televised free to the public. The amendment reflects consultation with relevant stakeholders, including the AFL, Fox Sports, Foxtel, and the Seven Network.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2014) applies to all broadcasters, including commercial television, national broadcasters, and subscription television services within Australia, as it is made under the Broadcasting Services Act 1992. The Notice amends the anti-siphoning list by removing all matches of the 2014 Australian Football League Premiership competition, including the Finals Series, but excluding the 2014 Grand Final, from the list of events that must be televised free-to-air. This amendment is designed to allow the Seven Network, which holds the free-to-air broadcast rights, greater flexibility in their digital multi-channel coverage of these events, potentially increasing live coverage and enhancing the viewing experience for Australian audiences. The Notice also removes spent provisions related to the 2013 Australian Football League Premiership competition. The amendments will take effect from the date of registration on the Federal Register of Legislative Instruments, and the scope of the Act remains unchanged beyond these specific amendments.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2014) amends the existing anti-siphoning list, specifically removing all matches of the 2014 Australian Football League (AFL) Premiership competition, including the Finals Series, but excluding the 2014 Grand Final, from the list of events that must be broadcast free-to-air (section 3). This amendment is intended to provide free-to-air broadcasters, namely the Seven Network and its affiliates, greater flexibility in how they broadcast these events, potentially allowing them to premiere certain matches on a digital multi-channel (section 3, clause 4.1). This legislative instrument imposes obligations on broadcasters, particularly free-to-air broadcasters, by removing them from the mandatory free-to-air broadcast requirements for specified AFL matches, thus allowing for varied scheduling and coverage options (section 3, clause 4.1). Subscription television broadcasters, such as Foxtel and Fox Sports, retain their rights to broadcast these events as per their existing agreements, but without the additional restrictions that would have applied if the events remained on the anti-siphoning list. There are no specific offences or penalties mentioned in the Notice itself, as it primarily modifies the scope of events covered under the anti-siphoning provisions. However, broadcasters must ensure compliance with the BSA’s overall framework, which includes penalties for non-compliance with broadcasting standards and obligations. For instance, contravening the anti-siphoning requirements could result in penalties as stipulated in the BSA, potentially including fines or other regulatory actions. The Notice’s compatibility with human rights is affirmed, as it enhances access to cultural events, aligning with international obligations under the ICCPR and ICESCR.

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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.