Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2015)

Administered by Department of Communications and the Arts

Legislation au F2015L00266 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 2015)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2015) (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 effectively remove from the current anti-siphoning list certain matches played as part of the 2015 National Rugby League Premiership competition (‘2015 NRL Premiership’). The events to be removed are specified as exceptions in clause 5.1 of the Schedule to the Principal Notice, as amended by this Notice. This amending Notice also removes spent provisions in the Principal Notice concerning past rugby league events.

 

2015 NRL Premiership competition

 

The 2015 NRL Premiership is being held between 5 March 2015 and 4 October 2015 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 non-finals matches to be played between 5 March 2015 and 27 July 2015 (i.e. Rounds 1 to 20) as part of the 2015 NRL Premiership. All other matches of the 2015 NRL Premiership and Finals Series will remain on the Principal Notice.

 

These amendments will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to the 2015 NRL Premiership, the 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 and thus 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 2015).

 

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 5.1 of the Schedule to the Principal Notice and substituting a new clause 5.1. This has the effect of excluding from the anti-siphoning list all matches to be played between 5 March 2015 and 27 July 2015 as part of the 2015 NRL Premiership. All matches to be played after 27 July 2015 as part of the 2015 NRL Premiership and Finals Series will continue to be specified in clause 5.1 of the Principal Notice. Item 1 also has the effect of removing a spent provision concerning matches played as part of the 2014 NRL Premiership. 

 

Item 2 repeals clause 5.2 of the Schedule to the Principal Notice and substitutes with a new clause 5.2. This has the effect of removing spent provisions concerning matches played as part of the 2014 National Rugby League State of Origin Series.

 

Item 3 repeals clause 5.3 of the Schedule to the Principal Notice and substitutes with a new clause 5.3. This has the effect of removing spent provisions concerning international rugby league “test” matches involving the senior Australian representative team played in 2014.

 

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 rugby 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 rugby league 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 and Fox Sports in relation to this Notice. The Nine Network currently holds the free-to-air broadcast rights to the 2015 NRL Premiership matches affected by this Notice. Fox Sports holds subscription television rights to 2015 NRL Premiership matches. 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2015) is a legislative instrument issued under the Broadcasting Services Act 1992 by the Minister for Communications. The purpose of this Notice is to amend the Broadcasting Services (Events) Notice (No. 1) 2010 by removing certain matches played as part of the 2015 National Rugby League Premiership from the anti-siphoning list, thereby allowing the Nine Network to premiere coverage of these events on a digital multichannel. The anti-siphoning list is a schedule of events that, under the Broadcasting Services Act 1992, should be televised free to the general public, with certain restrictions on broadcasters to ensure that these events are accessible to the wider public. This amendment provides greater flexibility to the Nine Network in how they cover these particular rugby league matches, which in turn is intended to enhance the viewing experience for Australian audiences. The Notice also removes spent provisions concerning past rugby league events to streamline the current regulations.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2015) is a legislative instrument made by the Minister for Communications under the Broadcasting Services Act 1992. This Notice aims to amend the Principal Notice of 2010 by removing certain events from the anti-siphoning list, which allows these events to be premiered on a free-to-air television digital multichannel. Specifically, the Notice removes non-finals matches played between 5 March 2015 and 27 July 2015 as part of the 2015 National Rugby League Premiership from the anti-siphoning list. This amendment permits the free-to-air broadcaster, the Nine Network and its affiliates, to broadcast these events on a digital multichannel, enhancing the viewing experience for Australian audiences. The Notice also removes spent provisions concerning past rugby league events to streamline the anti-siphoning list. This legislative instrument applies to subscription television broadcasters, free-to-air commercial television broadcasters, and national broadcasters, specifically in relation to their rights to televise certain events. The changes apply across Australia and are designed to align with the obligations under the Broadcasting Services Act 1992. The Notice does not introduce any new exclusions, exemptions, or thresholds but rather modifies existing provisions to allow for greater flexibility in the broadcast of specified events. The application of the Act is further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2015) amends the Principal Notice by removing certain matches from the anti-siphoning list, allowing them to be premiered on free-to-air digital multichannels. Specifically, the Notice removes non-finals matches played between 5 March 2015 and 27 July 2015 as part of the 2015 National Rugby League Premiership from the list of events that must be broadcast on free-to-air television. The remaining matches of the 2015 NRL Premiership and the Finals Series will continue to be specified in the Principal Notice (section 3, Schedule 1). The amendment is intended to give broadcasters like the Nine Network more flexibility in their coverage of these events, enhancing the viewing experience for Australian audiences. The obligations imposed by the Broadcasting Services Act 1992 (BSA) on broadcasters include ensuring that specified events, such as those listed in the anti-siphoning list, are available to the general public free-to-air. For subscription television broadcasters, this means they cannot acquire rights to televise anti-siphoning events before free-to-air broadcasters. For free-to-air broadcasters, it means that they must ensure that certain parts of anti-siphoning events are shown on their main channels, or simultaneously on their main and digital channels. These obligations are outlined in sections 99 and 10(1)(e) of the BSA, respectively. Breaches of the obligations set out in the BSA may result in civil or criminal consequences. For example, subscription television broadcasters who acquire rights to televise anti-siphoning events before free-to-air broadcasters may be subject to enforcement actions, which can include fines. The exact penalties depend on the specific breach and are not detailed in the Notice, but generally, penalties can be substantial. The Minister for Communications retains the power to amend the anti-siphoning list under subsection 115(2) of the BSA, as reflected in the legislative changes introduced by this Notice.

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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.