Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2015)

Administered by Department of Communications and the Arts

Legislation au F2015L00612 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

Broadcasting Services (Events) Notice (No. 1) 2010

(Amendment No. 5 of 2015)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 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 all matches to be played between 27 May and 8 July 2015 as part of the 2015 National Rugby League State of Origin Series and the international “test” match to be played on 1 May 2015 between the senior representative teams of Australia and New Zealand. The events to be removed are those specified in clauses 5.2 and 5.3 of the Schedule to the Principal Notice, as amended by this Notice.

 

2015 National Rugby League State of Origin Series

 

The 2015 National Rugby League State of Origin Series is being held between 27 May and 8 July 2015 in Sydney, Melbourne and Brisbane. It consists of three matches played between teams representing New South Wales and Queensland. This Notice will remove these three matches from the Principal Notice.  

 

2015 ANZAC Rugby League Test Match

 

The 2015 ANZAC Rugby League Test Match is to be held on 1 May in Brisbane. It consists of one match between the Australian and New Zealand representative teams. This Notice will remove this match from the Principal Notice.  

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to the 2015 National Rugby League State of Origin Series and the 2015 ANZAC Rugby League Test Match (the Nine Network and its affiliates) to premiere the delisted events on a digital multichannel in each television 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 the affected matches. 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. 5 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 - Amendments

 

Item 1 provides that the Principal Notice is amended by substituting the existing clause 5.2 of the Schedule to the Principal Notice with a new clause 5.2.

 

This amendment has the effect of removing certain events from the Principal Notice. Specifically, the effect of the new clause 5.2 of the Schedule is that each match of the National Rugby League State of Origin Series will remain listed on the Principal Notice, except for all matches to be played between 27 May 2015 and 8 July 2015 as part of the 2015 National Rugby League State of Origin Series.

 

Item 2 provides that the Principal Notice is amended by substituting the existing clause 5.3 of the Schedule to the Principal Notice with a new clause 5.3.

 

This amendment has the effect of removing certain events from the Principal Notice. Specifically, the effect of the new clause 5.3 of the Schedule 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 listed on the Principal Notice, except for the match to be played on 1 May 2015 between Australia and New Zealand, constituting the 2015 ANZAC Rugby League “test”.

 

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 promotes freedom of expression and cultural rights by facilitating greater access by all Australians to live coverage of the 2015 National Rugby League State of Origin Series and the 2015 ANZAC Rugby League “test”.

 

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 purpose of the Principal Notice is to ensure that specified events are televised free to the Australian public. The removal of certain matches to be held as part of the 2015 National Rugby League State of Origin Series competition, and 2015 ANZAC Rugby League test match from the anti-siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of those events. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister for Communications consulted with the Nine Network and Fox Sports in relation to this Notice. Nine holds the free‑to‑air broadcast rights to the 2015 National Rugby League State of Origin Series and the 2015 ANZAC Rugby League “test”. Fox Sports holds subscription television rights to these matches.

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2015) was enacted to address the need for flexibility in the broadcasting of certain sporting events, specifically the 2015 National Rugby League State of Origin Series matches and the 2015 ANZAC Rugby League Test Match. This amendment was introduced by the Minister for Communications under the Broadcasting Services Act 1992, with the primary objective of removing these events from the anti-siphoning list to allow free-to-air broadcasters to premiere these events on digital multichannels. The purpose of this amendment is to enhance the viewing experience for Australian audiences by providing greater flexibility in free-to-air television coverage and increasing live coverage of the matches in question. This amendment facilitates greater access to live coverage of the events, aligning with the cultural rights and freedom of expression as recognised in international human rights instruments to which Australia is a signatory.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2015) is a legislative instrument made under subsection 115(2) of the Broadcasting Services Act 1992 (BSA) by the Minister for Communications. Its purpose is to amend the Broadcasting Services (Events) Notice (No. 1) 2010, commonly known as the anti-siphoning list, to remove certain events to allow their premiere on a free-to-air television digital multichannel. This amendment specifically removes all matches of the 2015 National Rugby League State of Origin Series, held between 27 May and 8 July 2015, and the 2015 ANZAC Rugby League Test Match scheduled for 1 May 2015, from the anti-siphoning list. By removing these events, the Notice permits free-to-air broadcasters, such as the Nine Network and its affiliates, to offer live coverage of these matches on digital multichannels, enhancing the viewing experience for Australian audiences. The amendment ensures that the remaining matches of the National Rugby League State of Origin Series and other international rugby league tests involving Australia will still be subject to the anti-siphoning provisions, maintaining the balance between subscription and free-to-air broadcasting rights.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2015) amends the Broadcasting Services (Events) Notice (No. 1) 2010 by removing certain events from the anti-siphoning list (Section 3). Specifically, it removes all matches of the 2015 National Rugby League State of Origin Series to be held between 27 May and 8 July 2015, as well as the international “test” match between Australia and New Zealand scheduled for 1 May 2015 (Schedule, Items 1 and 2). This amendment allows, but does not require, free-to-air broadcasters to premiere these events on a digital multichannel. The obligations under this Notice primarily concern broadcasters. Subscription television broadcasters must not acquire rights to televise the removed events before commercial and national broadcasters, in accordance with section 99 of the Broadcasting Services Act 1992. Commercial and national broadcasters must ensure that these events are shown, or shown simultaneously, on their main channels if they are to be shown on their digital multichannels. These obligations continue to apply even after the simulcast period has ended. The Notice does not explicitly state any offences or penalties for breaching its provisions. However, any breaches of the underlying obligations under the Broadcasting Services Act 1992, such as unauthorised acquisition of broadcasting rights or non-compliance with anti-siphoning requirements, could result in civil or criminal penalties. Under the BSA, contravening a licence condition can result in a penalty of up to $1.1 million for a corporation and $220,000 for an individual (Section 453 of the BSA). Additionally, ongoing non-compliance could lead to the revocation of broadcasting licences, which would have significant consequences for the affected broadcasters. In summary, the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2015) modifies the anti-siphoning list to enhance the flexibility and coverage options for free-to-air broadcasters of specific events, while maintaining the core obligations and penalties for broadcasters under the Broadcasting Services Act 1992.

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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.