Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2015)

Administered by Department of Communications and the Arts

Legislation au F2015L00507 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 2015)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 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 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 each round of the 2015 United States Masters tournament played as part of the Professional Golfers Association Tour.

 

2015 United States Masters

 

The 2015 United States Masters golf tournament will be held from 9 April to 12 April 2015 at the Augusta National Golf Club in the United States.

 

This Notice will remove from the Principal Notice each round of the 2015 United States Masters tournament, played as part of the Professional Golfers Association Tour.

 

This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the 2015 United States Masters tournament (the Seven Network) to premiere coverage of the tournament on a digital multichannel. Removing this event from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage and increase live coverage of the event. 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 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 repeals clause 11.3 of the Schedule to the Principal Notice and substitutes it with a revised clause. The existing clause 11.3 includes each round of the United States Masters tournament, played as part of the Professional Golfers Association Tour. The revised clause 11.3 has the effect of excluding from the anti-siphoning list the 2015 United States Masters tournament. Future United States Masters tournaments will continue to be specified in clause 11.3 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 the 2015 United States Masters tournament 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 the 2015 United States Masters tournament.

 

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 the 2015 United States Masters tournament from the anti‑siphoning list will give free-to-air broadcasters greater flexibility when providing television coverage of the event and facilitate live coverage. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister for Communications consulted with the Seven Network and Fox Sports in relation to this Notice. The Seven Network holds free‑to‑air broadcast rights to the 2015 United States Masters tournament. Fox Sports holds subscription television rights to the event.

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2015), issued under the Broadcasting Services Act 1992, was enacted by the Minister for Communications to address the need for flexibility in the broadcasting of certain sporting events. The original Broadcasting Services (Events) Notice (No. 1) 2010, commonly known as the anti-siphoning list, specifies events that should be televised free to the public to ensure they are accessible to all Australians. The amendment removes specific rounds of the 2015 United States Masters golf tournament from this list, allowing the Seven Network, which holds the free-to-air broadcast rights, to premiere the coverage on a digital multichannel. This change aims to provide greater flexibility in the free-to-air television coverage and enhance the viewing experience for Australian audiences. The Notice ensures compatibility with human rights by promoting freedom of expression and cultural rights, in line with Australia's commitments under international covenants.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2015) applies to the free-to-air and subscription television broadcasters in Australia who hold rights to televise events listed in the anti-siphoning list under the Broadcasting Services Act 1992. This legislative instrument is made under subsection 115(2) of the BSA by the Minister for Communications. The Notice specifically targets the free-to-air broadcaster that holds the broadcast rights for the 2015 United States Masters golf tournament, the Seven Network, to allow it to premiere coverage on a digital multichannel. This amendment provides flexibility for the Seven Network to increase live coverage of the event, enhancing the viewing experience for Australian audiences. The Notice is applicable nationally, as it amends the Principal Notice which is a Commonwealth instrument. The amendment does not introduce any exclusions, exemptions, or thresholds but rather modifies the existing list to accommodate the specific circumstances of the 2015 United States Masters tournament.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2015) (the Notice) is an amendment to the original Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) made under subsection 115(2) of the Broadcasting Services Act 1992 (the BSA) (s1). This Notice aims to revise the anti-siphoning list by removing certain events, specifically each round of the 2015 United States Masters tournament played as part of the Professional Golfers Association Tour, to allow for their premiere on free-to-air digital multichannels (s3). This amendment is intended to provide free-to-air broadcasters, such as the Seven Network, with greater flexibility in their coverage of the event, potentially increasing live coverage and enhancing the viewing experience for Australian audiences (s3). The obligations imposed by the Notice are primarily directed towards broadcasters. Subscription television broadcasters are subject to conditions that prohibit them from acquiring rights to televise events from the anti-siphoning list ahead of commercial and national broadcasters (section 99 of the BSA and paragraph 10(1)(e) of Schedule 2 to the BSA). Similarly, commercial and national broadcasters are restricted in how they can televise events from the list, ensuring that these events or parts of these events are shown on their main channels before being shown on their digital multichannels (Part 4A of Schedule 4 to the BSA). The removal of the 2015 United States Masters from the anti-siphoning list modifies these obligations by allowing the Seven Network to premiere coverage of the event on a free-to-air digital multichannel without violating the restrictions that would otherwise apply. There are no direct offences, penalties, or civil/criminal consequences outlined in the Notice for breaching its provisions. However, the overarching framework of the BSA may impose sanctions for non-compliance with broadcasting regulations, including potential fines and other penalties as stipulated in the Act. The Notice itself serves to clarify and adjust the broadcasting landscape for specific events, ensuring that broadcasters operate within the legal requirements set forth by the BSA and its associated schedules.

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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.