Explanatory Statement

Broadcasting Services Act 1992

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

(Amendment No. 3 of 2011)

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. 3 of 2011) (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 general 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 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 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 certain matches to be played as part of the 2011 Australian Football League Premiership competition from the current anti-siphoning list. The events to be removed are specified in Item 4.1 of the Schedule to the Principal Notice, as amended by this Notice.

2011 Australian Football League Premiership competition

The 2011 Australian Football League Premiership competition will be held between 24 March 2011 and 1 October 2011 in various locations around Australia. It will consist of 24 rounds and a finals series and will be contested by 17 teams.

This Notice will remove from the Principal Notice certain events held as part of the 2011 Australian Football League Premiership competition, specifically:

• the matches to be played on Friday night as part of each of Rounds 1 to 4 and Rounds 6 to 14 inclusive of the 2011 Australian Football League Premiership competition; and
• the match to be played on Thursday 21 April 2011 between the Brisbane Lions and St. Kilda as part of Round 5 of the 2011 Australian Football League Premiership competition.

This will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to these matches (Seven Network) to premiere these events on a digital multi‑channel. It is intended that this would enable earlier coverage of these events on 7mate in regional Queensland, regional New South Wales and the Australian Capital Territory which might otherwise have only been available on significant delay on the main channel. This will enhance the viewing experience for audiences in Queensland, New South Wales and the Australian Capital Territory and ensure that they receive coverage that is comparable to viewers in other areas of regional Australia.  

Notes on Clauses

Clause 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 3 of 2011).

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 4.1 of the Schedule to the Principal Notice with a new Item 4.1.

This amendment has the effect of removing certain events from the Principal Notice.

Specifically, the effect of new Item 4.1 of the Schedule is that each match of the Australian Football League Premiership competition, including the Finals Series, will remain listed on the Principal Notice (for the purposes of the obligations in Part 4A of Schedule 4 to the BSA), except for:

(a)   the match to be played on 24 March 2011 between Carlton and Richmond as part of Round 1 of the 2011 Australian Football League Premiership competition;

(b)   the match to be played on Friday night as part of each of Round 1, Round 2, Round 3, Round 4, Round 6, Round 7, Round 8, Round 9, Round 10, Round 11, Round 12, Round 13 and Round 14 of the 2011 Australian Football League Premiership competition; and

(c)   the match to be played on Thursday 21 April 2011 between the Brisbane Lions and St. Kilda as part of Round 5 of the 2011 Australian Football League Premiership competition.

The de-listing of the match mentioned in paragraph (a) of new Item 4.1 is not enabled by this Notice as this de-listing was provided for by Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2011).

Consultation

Consultations were undertaken with the AFL, Foxtel and the Seven Network following the Seven Network’s request to the Minister that the specified events be removed from the anti-siphoning list. The Seven Network holds the free-to-air broadcast rights for the events specified in the notice. Consultations were also undertaken with the industry body that represents free-to-air commercial television broadcasters, Free TV Australia.