Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2011)

Administered by Department of Communications and the Arts

Legislation au F2011L00706 Not in force Legislative Instrument

Legislation content

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.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2011) is a legislative instrument made by the Minister for Broadband, Communications and the Digital Economy under the Broadcasting Services Act 1992. The primary purpose of this amendment is to remove a specific Australian Football League (AFL) match from the anti-siphoning list, thereby permitting the free-to-air broadcaster, Network Ten, to premiere the match on a digital multi-channel. This amendment was introduced in response to a request from Network Ten, which holds the broadcast rights to the match between Geelong and North Melbourne scheduled for Round 7 of the 2011 AFL Premiership. The amendment aims to enhance the viewing experience for audiences in the Perth TV1 licence area by enabling Network Ten to provide live coverage of this match exclusively on a digital multi-channel, while using its primary channel for another AFL match in the same region.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2011) is a legislative instrument made under the Broadcasting Services Act 1992, aiming to modify the anti-siphoning list by removing a specific Australian Football League match from the list. This Notice applies to entities involved in broadcasting services, specifically commercial and subscription television broadcasters, allowing them more flexibility in scheduling certain events. The geographic reach of this amendment is national, as the anti-siphoning list applies across Australia and affects broadcasters operating in any state or territory. This Notice does not introduce new exemptions but rather modifies the existing anti-siphoning provisions by removing a specific AFL match from the list, thereby allowing the free-to-air broadcaster, Network Ten, to premiere the match on a digital multi-channel. The amendment is effective from the date it is registered on the Federal Register of Legislative Instruments and is subject to consultation with relevant stakeholders such as the AFL, Foxtel, Austar, and Network Ten.

Key Provisions

The main operative sections of the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2011) involve the amendment of the Broadcasting Services (Events) Notice (No. 1) 2010, specifically targeting Item 4.1 of the Schedule to the Principal Notice. Clause 4 of the Notice is central to this amendment, removing a particular match from the anti-siphoning list. This amendment is consequential, as detailed in subclause 4.1, which omits a specific word from Item 4.1(b) of the Schedule to the Principal Notice. Subclause 4.2 further refines the amendment by adding a new paragraph (d) to Item 4.1, creating an exception for the AFL match between Geelong and North Melbourne on 7 May 2011. This change effectively removes this specific match from the anti-siphoning list. The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2011) imposes certain obligations on the parties it governs. Specifically, it mandates that the Minister for Broadband, Communications and the Digital Economy consult with relevant stakeholders, including the AFL, Foxtel, Austar, and Network Ten, before making amendments to the anti-siphoning list. The Notice also requires that any changes to the anti-siphoning list be made in accordance with the provisions of the Broadcasting Services Act 1992 (BSA). Additionally, the amendment allows the free-to-air broadcaster, Network Ten, to premiere the specified AFL match on a digital multi-channel, provided that certain conditions are met. This ensures that the broadcasting practices remain aligned with the legislative requirements and the interests of the stakeholders involved. The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2011) does not explicitly outline specific offences, penalties, or consequences for breach. However, it operates within the framework of the BSA, which provides for enforcement mechanisms. Any breaches of the BSA or its regulations could result in civil or criminal penalties. For example, breaches of licence conditions, such as those related to anti-siphoning events, could result in fines or other sanctions. The exact penalties would depend on the nature and severity of the breach, as stipulated by the BSA. In the context of this Notice, failure to comply with the amended anti-siphoning list could potentially lead to enforcement actions against broadcasters who do not adhere to the specified conditions.

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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.