Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2016)

Administered by Department of Communications and the Arts

Legislation au F2016L00224 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 2016)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2016) (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 2016 Australian Football League Premiership competition, including the Finals Series but excluding the Grand Final.  

 

2016 Australian Football League Premiership

 

The 2016 Australian Football League Premiership competition will be held between 24 March 2016 and 1 October 2016 in various locations around Australia. The 2016 competition 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 but one of the matches held as part of the 2016 Australian Football League Premiership competition. The 2016 Australian Football League Grand Final will remain on the anti-siphoning list.

 

This amendment will allow (but not require) the free-to-air television broadcasters that hold the free-to-air broadcast rights to the 2016 Australian Football League Premiership competition (the Seven Network and its affiliates) to premiere the delisted matches on a digital multi‑channel in each relevant television licence area.

 

Removing these matches from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage and increase live coverage of the 2016 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 2016).

 

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 Schedule to the Notice.

 

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 2016 Australian Football League Premiership competition, including the Finals Series, but excluding the Grand Final. All matches after the 2016 Premiership season will continue to be specified in clause 4.1 of the Principal Notice.

 


Statement of Compatibility with Human Rights

(prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

The 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 matches 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, Foxtel and the Seven Network in relation to the Notice. The Seven Network holds the free‑to‑air broadcast rights to the 2016 Australian Football League Premiership competition. Foxtel holds the subscription broadcast rights to the competition.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2016) was enacted to amend the anti-siphoning list under the Broadcasting Services Act 1992 (BSA), removing certain matches of the 2016 Australian Football League (AFL) Premiership competition from the list. This amendment was introduced by the Minister for Communications under subsection 115(2) of the BSA, with the aim of allowing free-to-air television broadcasters to premiere delisted AFL matches on digital multi-channels, thereby increasing live coverage and enhancing the viewing experience for Australian audiences. The Notice ensures that the 2016 AFL Grand Final remains on the anti-siphoning list, maintaining the principle of free-to-air access to significant events while providing flexibility for broadcasters. This legislative instrument is compatible with human rights, as it facilitates greater access to live sports coverage, promoting freedom of expression and cultural rights.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2016) applies to subscription, commercial, and national television broadcasters in Australia. It is made under subsection 115(2) of the Broadcasting Services Act 1992 (BSA) by the Minister for Communications to amend the anti-siphoning list by removing certain events, specifically each match of the 2016 Australian Football League Premiership competition, excluding the Grand Final, to allow these matches to be premiered on a free-to-air television digital multi-channel. This amendment aims to provide free-to-air broadcasters, namely the Seven Network, which holds the free-to-air broadcast rights, with greater flexibility in their coverage and enhance the viewing experience for Australian audiences. The amendment does not alter the BSA's existing restrictions on subscription television broadcasters from acquiring rights to televise these events ahead of free-to-air broadcasters or the restrictions on commercial and national broadcasters with regard to televising these events. The Notice extends to the entire Commonwealth of Australia and is a legislative instrument under the Legislative Instruments Act 2003. There are no stated exclusions, exemptions, or thresholds in this Notice, and it does not extend or restrict its application through subordinate instruments.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2016) modifies the anti-siphoning list under the Broadcasting Services Act 1992 (BSA) by removing certain events from the Principal Notice, specifically all matches of the 2016 Australian Football League (AFL) Premiership competition, including the Finals Series but excluding the Grand Final (Section 1 and Schedule). This amendment allows the Seven Network, which holds the free-to-air broadcast rights for these events, to premiere the delisted matches on a digital multi-channel. The Notice imposes specific obligations on broadcasters, particularly subscription television broadcasters, by prohibiting them from acquiring rights to televise these events ahead of commercial and national broadcasters (Section 99 of the BSA and paragraph 10(1)(e) of Schedule 2 to the BSA). It also imposes restrictions on commercial and national broadcasters to ensure that events on the anti-siphoning list are shown on their main channels, or simultaneously on their digital multi-channels (Part 4A of Schedule 4 to the BSA). Failure to comply with the provisions of the BSA and the Notice can lead to various penalties. The BSA provides for substantial fines for breaches, with penalties varying based on the nature and severity of the breach. For example, commercial television broadcasters and national broadcasters can be fined up to $1,000,000 for each day of non-compliance concerning anti-siphoning events (Section 429 of the BSA). Subscription television broadcasters can also face fines for violating anti-siphoning provisions, with penalties similarly substantial. Additionally, the Notice itself does not specify particular penalties but indicates that non-compliance with the anti-siphoning requirements can lead to enforcement actions by the Australian Communications and Media Authority (ACMA). These actions may include fines, public notices, or other administrative measures aimed at ensuring compliance with broadcasting regulations. The potential penalties underscore the importance of adhering to the legislative framework designed to protect public access to significant sporting events.

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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.