Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 5 of 2012)
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 2012) (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 certain events from the Principal Notice to permit the events to be premiered 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 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 for subscription television broadcasters that prohibits the 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 all matches to be played between 30 March 2012 and 30 April 2012 as part of the 2012 National Rugby League Premiership competition, and the international rugby league “test” match to be played in New Zealand between Australia and New Zealand on 20 April 2012.
The events to be removed are those specified in Item 5.1 and 5.3 of the Schedule to the Principal Notice, as amended by this Notice.
2012 National Rugby League Premiership and international rugby league “test” matches
The 2012 National Rugby League Premiership competition is being held between 1 March and 30 September 2012 in various locations around Australia. It consists of 26 rounds and a Finals Series and it will be contested by 16 teams.
This Notice will remove from the Principal Notice all matches to be played between 30 March 2012 and 30 April 2012 as part of the 2012 National Rugby League Premiership competition.
This Notice will also remove from the Principal Notice one international rugby league “test” match involving Australia, specifically the match to be played in New Zealand between Australia and New Zealand on 20 April 2012.
These amendments will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the 2012 National Rugby League Premiership and international rugby league “test” matches (the Nine Network) to premiere these events on a digital multi-channel in each relevant licence area.
Removing these events from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of these events. This will enhance the viewing experience for Australian audiences.
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 2012).
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 substituting existing Items 5.1 and 5.3 of the Schedule to the Principal Notice with new Items 5.1 and 5.3 (subclauses 4.1 and 4.2 refer). These amendments have the effect of removing certain events from the Principal Notice.
The effect of new Item 5.1 is that each match in the National Rugby Premiership competition, including the Finals Series, will remain listed in the Principal notice except for all matches to be played between 30 March 2012 and 30 April 2012 as part of the 2012 National Rugby League Premiership competition (see subclause 4.1). The substituted Item 5.1 also has the effect of removing a spent exception from the Principal Notice. The spent exception specified an event that occurred as part of the Finals Series of the 2011 National Rugby League Premiership competition.
The effect of new Item 5.3 is that each international rugby league “test” match involving the senior Australian representative team, played in Australia, New Zealand or the United Kingdom will remain in the Principal Notice except for the match to be played in New Zealand on 20 April 2012 between the senior Australian representative team and the New Zealand representative team.
Statement of Compatibility with Human Rights (prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
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 does not engage any of the applicable rights or freedoms and does not raise any human rights issues.
Australia is a signatory to the International Covenant on Civil and Political Rights (one of the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011) (the ICCPR). Article 19 of the ICCPR deals with freedom of expression and Australia has made a reservation to paragraph 2 of Article 19.
This Notice is consistent with such reservation, which states that the regulation of television broadcasting in the public interest with the object of providing the best possible broadcasting services to the Australian people is compatible with Article 19 of the ICCPR.
Furthermore, removing from the anti-siphoning list certain events to be held as part of the 2012 National Rugby League Premiership competition and an international rugby league “test” match involving Australia will provide for greater flexibility in the free-to-air television coverage and increase live coverage of such events. This will enhance the viewing experience for Australian audiences.
Consultation
The office of the Minister for Broadband, Communications, and the Digital Economy consulted with the Nine Network in relation to this Notice. The Nine Network holds the free-to air broadcast rights to the 2012 National Rugby League Premiership competition (including the Finals Series) and to the international rugby league “test” matches involving Australia.