Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2011)

Administered by Department of Communications and the Arts

Legislation au F2011L00613 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 4 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. 4 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 one event from the Principal Notice to permit the premiere of the event 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 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 from the current anti-siphoning list one race to be held as part of the 2011 V8 Supercars Championship Series. 

 

The event to be removed is specified in Item 12.3 of the Schedule to the Principal Notice, as amended by this Notice.

 

2011 V8 Supercars Championship Series

 

The 2011 V8 Supercars Championship Series will be held between 10 February and 4 December 2011 in various locations around Australia, New Zealand and the United Arab Emirates. It will consist of 26 races held across 14 locations and will be contested by 28 drivers.    

 

This Notice will remove from the Principal Notice the first race scheduled to be held in Hamilton, New Zealand on Saturday 16 April 2011 as part of the ITM Hamilton 400. The ITM Hamilton 400 is part of the 2011 V8 Supercars Championship Series.

 

The delisting of this race will allow (but not require) the free-to-air broadcasters that hold the broadcast rights to this race (the Seven Network and its regional affiliates) to premiere the event on a digital multi-channel at the same time as scheduled coverage of an AFL Premiership match on the main channel of those free-to-air broadcasting services. It is anticipated that the free-to-air broadcasters will provide viewers with a greater level of choice, by enabling viewers to access earlier coverage of the ITM Hamilton 400 race that would otherwise only be shown on the main channel after a long delay, if it remained specified in the anti‑siphoning list.

 

Notes on Clauses

 

Clause 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 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 adding an exception at the end of the existing Item 12.3 of the Schedule to the Principal Notice.

 

This amendment has the effect of removing the specified event to be held as part of the 2011 V8 Supercars Championship Series from the Principal Notice. As amended, each race in the V8 Supercars Championship Series, including the Bathurst 1000, will remain listed on the Principal Notice, except for the first race to be held in Hamilton, New Zealand as part of the 2011 V8 Supercars Championship Series.


Consultation

 

Consultations were undertaken with V8 Supercars Australia, Foxtel, Austar, the Seven Network and its regional affiliates following the Seven Network’s request to the Minister that the first race to be held in Hamilton, New Zealand (known as the ITM Hamilton 400) be removed from the anti‑siphoning list. The Seven Network holds the free-to air broadcast rights to the V8 Supercars Championship Series, including this race.

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2011) was enacted under the Broadcasting Services Act 1992, with the intent to address a specific issue concerning the broadcasting rights of certain events. This amendment was introduced by the Minister for Broadband, Communications, and the Digital Economy, aiming to balance the need for viewer choice with the existing regulatory framework that ensures certain significant events are broadcast free-to-air. The Notice permits the removal of a particular race from the anti-siphoning list, thereby allowing free-to-air broadcasters to show the event on a digital multi-channel simultaneously with other scheduled programming, enhancing viewer options without contravening the anti-siphoning requirements. This legislative instrument seeks to provide flexibility within the existing broadcasting regulations while maintaining the core objective of ensuring that major events remain accessible to the general public through free-to-air television.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2011) is a legislative instrument made under the Broadcasting Services Act 1992, which governs the broadcasting of designated events free to the public. The Notice amends the Broadcasting Services (Events) Notice (No. 1) 2010, commonly referred to as the anti-siphoning list, by removing the first race of the 2011 V8 Supercars Championship Series, specifically the ITM Hamilton 400 held in Hamilton, New Zealand, from the list. This amendment aims to allow free-to-air broadcasters, such as the Seven Network and its regional affiliates, who hold the broadcast rights to this race, the flexibility to premiere the event on a digital multi-channel simultaneously with the scheduled coverage of an AFL Premiership match on their main channels. This change is intended to provide viewers with an enhanced viewing experience by offering them earlier coverage of the race, which would otherwise be subject to delays if it remained on the anti-siphoning list. The Notice applies to free-to-air broadcasters and subscription television services within Australia, ensuring compliance with the anti-siphoning provisions of the Broadcasting Services Act 1992.

Key Provisions

The main operative sections of the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2011) are found in Clause 4, which amends the existing Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) by adding an exception to the Schedule at Item 12.3. This amendment effectively removes the first race of the 2011 V8 Supercars Championship Series, scheduled to be held in Hamilton, New Zealand on Saturday 16 April 2011, from the anti-siphoning list. Consequently, this change permits the Seven Network, which holds the free-to-air broadcast rights to the V8 Supercars Championship Series, to premiere the ITM Hamilton 400 race on a digital multi-channel at the same time as scheduled coverage of an AFL Premiership match on the main channel. The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2011) imposes specific obligations on the broadcasters, particularly the Seven Network, to comply with the amended anti-siphoning list. The Seven Network must ensure that the ITM Hamilton 400 race is not shown on its digital multi-channels before it is shown, or shown simultaneously, on its main channel during the simulcast period, as mandated by Part 4A of Schedule 4 to the Broadcasting Services Act 1992 (BSA). Furthermore, after the simulcast period, the race must still be shown first, or shown simultaneously, on the primary digital multi-channels as per the BSA's restrictions on commercial television broadcasters and national broadcasters. Failure to comply with the requirements of the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2011) can result in significant consequences. Breach of the anti-siphoning provisions can lead to civil penalties for the broadcasters. Under section 141 of the BSA, a commercial television or national broadcaster can be fined up to $100,000 for each contravention. Additionally, criminal penalties may apply. Under section 142 of the BSA, an individual or an officer of the broadcaster can be fined up to $50,000 or face imprisonment for up to one year, or both, for each contravention. The Notice ensures that the Seven Network and other broadcasters understand the importance of adhering to these regulations to avoid such penalties.

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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.