Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2014)

Administered by Department of Communications and the Arts

Legislation au F2014L00325 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 2014)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 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 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 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 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 remove from the current anti-siphoning list the final and each match involving the senior Australian representative team selected by Cricket Australia played as part of the 2014 International Cricket Council Twenty20 World Cup.

 

2014 International Cricket Council Twenty20 World Cup

 

The 2014 International Cricket Council Twenty20 World Cup will be held between 16 March 2014 and 6 April 2014 in Bangladesh. It will consist of group stages and a finals series, and will be contested by 16 teams.

 

This Notice will remove from the Principal Notice the final and each match involving the senior Australian representative team selected by Cricket Australia played as part of the 2014 International Cricket Council Twenty20 World Cup.

 

This amendment will allow (but not require) the free-to-air broadcasters that hold free-to-air broadcast rights to the 2014 International Cricket Council Twenty20 World Cup (the Nine Network and its affiliates) to premiere the delisted events on a digital multichannel 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 International Cricket Council Twenty20 World Cup. 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. 4 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 7.7 of the Schedule to the Principal Notice.

 

Clause 7.7 of the Principal Notice includes the final of the International Cricket Council Twenty20 World Cup on the anti‑siphoning list. The amendment to clause 7.7 has the effect of excluding from the anti-siphoning list the final of the 2014 International Cricket Council Twenty20 World Cup. All finals after the 2014 tournament will continue to be specified in clause 7.7 of the Principal Notice.

 

Item 2 amends clause 7.8 of the Schedule to the Principal Notice.

 

Clause 7.8 of the Principal Notice includes each match of the International Cricket Council Twenty20 World Cup involving the senior Australian representative team selected by Cricket Australia on the anti‑siphoning list. The amendment to clause 7.8 has the effect of excluding from the anti-siphoning list each match of the 2014 International Cricket Council Twenty20 World Cup involving the senior Australian representative team selected by Cricket Australia. All matches involving the Australian team played after the 2014 tournament will continue to be specified in clause 7.8 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 purpose of the Principal Notice is to ensure that specified events (known as the ‘anti-siphoning list’) are televised free to the Australian public. The purpose of this Notice is to amend the Principal Notice to remove certain International Cricket Council Twenty20 World Cup matches from the anti‑siphoning list.

 

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 2014 International Cricket Council Twenty20 World Cup.

 

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 removal of certain International Cricket Council Twenty20 World Cup matches from the anti‑siphoning list will give free-to-air broadcasters greater flexibility when providing television 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 Nine Network, Foxtel, Fox Sports and Cricket Australia in relation to this Notice. The Nine Network holds free‑to‑air broadcast rights to the 2014 International Cricket Council Twenty20 World Cup.

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2014), issued under the authority of the Minister for Communications, seeks to amend the Broadcasting Services (Events) Notice (No. 1) 2010 to allow certain cricket matches from the 2014 International Cricket Council Twenty20 World Cup to be premiered on a free-to-air television digital multichannel. This legislative instrument is made under subsection 115(2) of the Broadcasting Services Act 1992, which empowers the Minister to make a notice specifying events that should be televised free to the public. This amendment aims to enhance the viewing experience for Australian audiences by providing greater flexibility in the free-to-air television coverage of the specified cricket events. The decision to amend the anti-siphoning list was made after consultation with relevant stakeholders, including the Nine Network, Foxtel, Fox Sports, and Cricket Australia.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2014) applies to entities involved in the broadcasting of the 2014 International Cricket Council Twenty20 World Cup, specifically the free-to-air broadcasters Nine Network and its affiliates. This Notice, made by the Minister for Communications under the Broadcasting Services Act 1992, seeks to amend the existing anti-siphoning list by removing the final and each match involving the senior Australian representative team from the list. This amendment allows the free-to-air broadcasters to premiere these events on a digital multichannel, providing them with greater flexibility in their coverage. The Notice extends to the national jurisdiction and is effective from the date of its registration on the Federal Register of Legislative Instruments. Any exclusions or exemptions are determined by the specific terms of the anti-siphoning list and are subject to the overarching provisions of the Broadcasting Services Act 1992. The Notice is compatible with human rights as it enhances access to live sports coverage, thereby promoting freedom of expression and cultural rights.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2014) (the Notice) is a legislative instrument made by the Minister for Communications under subsection 115(2) of the Broadcasting Services Act 1992 (the BSA) (section 1). The Notice serves to amend the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) by removing certain events from the anti-siphoning list, specifically the final and each match involving the senior Australian representative team selected by Cricket Australia as part of the 2014 International Cricket Council Twenty20 World Cup (Schedule, Items 1 and 2). This amendment allows free-to-air broadcasters that hold broadcast rights to the 2014 event (the Nine Network and its affiliates) to premiere these delisted events on a digital multichannel, thereby increasing live coverage and enhancing the viewing experience for Australian audiences. The Notice imposes specific obligations on the broadcasters affected by these changes. Subscription television broadcasters are no longer subject to the prohibition on acquiring rights to televise the specified events ahead of commercial and national broadcasters, as these events have been removed from the anti-siphoning list (subsection 115(1) of the BSA). Commercial and national broadcasters, however, must ensure that any coverage of these events adheres to the broadcasting standards and practices as outlined in Part 4A of Schedule 4 of the BSA. The Nine Network and its affiliates, holding free-to-air broadcast rights, must now schedule these events on their digital multichannels while still maintaining compliance with any existing broadcasting standards and practices for other events on the anti-siphoning list. Breach of the provisions outlined in the Notice does not inherently create specific criminal or civil penalties within the Notice itself. However, broadcasters are still subject to the general provisions of the BSA. For example, any failure to comply with the broadcasting standards and practices could result in enforcement actions under section 136 of the BSA, which includes fines of up to $100,000 for individuals and $500,000 for bodies corporate. Additionally, the Australian Communications and Media Authority (ACMA) may take action under section 137 of the BSA for any breaches of broadcasting standards and practices, potentially leading to further penalties or sanctions. The Notice ensures compatibility with human rights by facilitating greater access to live sports coverage, thereby respecting cultural rights and freedom of expression as protected under international covenants.

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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.