Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 5 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. 5 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 an event from the Principal Notice to permit the premier 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, 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 from the current anti-siphoning list one match to be played as part of the 2011 Australian Football League Premiership (AFL) competition. The event to be removed is specified in Item 4.1 of the Schedule to the Principal Notice, as amended by this Notice.
The 2011 AFL 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 one match to be played between Geelong and North Melbourne as part of Round 7 of the 2011 AFL Premiership competition. This match is scheduled to be played on Saturday 7 May 2011.
The delisting will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to this match (Network Ten) to premiere the match on a digital multi‑channel. It is anticipated that the delisting will enable Network Ten to provide live coverage of this match exclusively on a digital multi-channel to audiences in the Perth TV1 licence area, while Ten uses its primary channel to provide live coverage of another AFL match in the Perth TV1 licence area. This will enhance the viewing experience for audiences in Perth.
Notes on Clauses
Clause 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 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 would amend Item 4.1 of the Schedule to the Principal Notice.
The amendment set out in subclause 4.1 of this amendment Notice is consequential to the amendment set out in subclause 4.2. The amendment omits the word “and” that appears at the end of Item 4.1(b) of the Schedule to the Principal Notice.
Subclause 4.2 amends Item 4.1 of the Schedule to the Principal Notice by adding a new paragraph (d) after the end of Item 4.1(c). The new paragraph creates a specific exception to the general specification of AFL events that are included in the anti‑siphoning list.
The new exception set out in paragraph (d) is the the match to be played on Saturday 7 May 2011 between Geelong and North Melbourne as part of Round 7 of the 2011 AFL Premiership competition.
Consultation
The Minister consulted the AFL, Foxtel, Austar and Network Ten following Network Ten’s request to the Minister that the Round 7 of the 2011 AFL Premiership match between Geelong and North Melbourne be removed from the anti‑siphoning list. Network Ten holds the free-to air broadcast rights to this event.