Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2016)

Administered by Department of Communications and the Arts

Legislation au F2016L00485 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 2016)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2016) (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 the 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 those events to be premiered on a free-to-air television digital multichannel.

 

The Notice is a legislative instrument for the purposes of subsection 8(2) of the Legislation 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 anti-siphoning 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 the Notice is to amend the Principal Notice to remove from the current anti-siphoning list each round of the 2016 United States Masters tournament played as part of the Professional Golfers Association Tour.

 

2016 United States Masters

 

The 2016 United States Masters golf tournament will be held from 7 to 10 April 2016 at the Augusta National Golf Club in the United States. The Notice will remove from the Principal Notice each round of the 2016 United States Masters golf tournament. This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the  tournament (the Seven Network) and its affiliated stations to premiere coverage of the tournament on a digital multichannel. Removing this event from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of the event. In turn, this will enhance the viewing experience for Australian audiences.  

 

Consultation

 

The office of the Minister for Communications consulted with the Seven Network and Foxtel in relation to the Notice. The Seven Network holds free‑to‑air broadcast rights to the 2016 United States Masters tournament. Foxtel holds subscription television rights to the tournament.

 

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 2016).

 

Section 2 provides that the Notice commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 provides that the Principal Notice is amended in accordance with the items contained in Schedule 1 to the Notice.

 

Schedule 1 - Amendments

 

Item 1 of Schedule 1 to the Notice 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 all of the rounds of the 2016 United States Masters tournament. Future United States Masters tournaments will continue to be specified under the Principal Notice.

 

 

 

 

 

 

 

 

 

 

Statement of Compatibility with Human Rights

 

(prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2016) (Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice) to exclude from the anti-siphoning list the 2016 United States Masters golf tournament from the anti‑siphoning list.

 

The purpose of the Principal Notice, also known as the ‘anti-siphoning list’, is to ensure that specified events are televised free to the Australian public. The removal of the 2016 United States Masters tournament from the anti‑siphoning list, as set out in the Notice, 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.

 

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 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 it promotes freedom of expression and cultural rights by facilitating greater access by all Australians to coverage of the 2016 United States Masters golf tournament.

 

 

 

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2016), enacted under the Broadcasting Services Act 1992, was introduced to address the need for flexibility in the anti-siphoning list, which specifies events that should be available free-to-air to the public. This amendment was made by the Minister for Communications, under subsection 115(2) of the Act, to modify the original 2010 notice by removing certain events, specifically each round of the 2016 United States Masters golf tournament, to allow for their premiere on free-to-air digital multichannels. This adjustment aims to enhance the viewing experience for Australian audiences by increasing the live coverage of the event. The policy objective behind this amendment is to balance the interests of broadcasters with the public's right to access significant sporting events free-to-air, thereby promoting a diverse and accessible media environment.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2016) applies to broadcasters and entities involved in the television broadcasting industry in Australia, specifically targeting subscription, commercial, and national broadcasters. This amendment concerns the anti-siphoning list, which specifies events that must be televised free to the public to ensure equitable access to significant events across different broadcasting platforms. By amending the Principal Notice to remove the 2016 United States Masters tournament from the anti-siphoning list, the Notice aims to provide the free-to-air broadcaster holding the broadcast rights, the Seven Network, with the flexibility to premiere the tournament on a digital multichannel. This change is designed to enhance live coverage and improve the viewing experience for Australian audiences. The Notice operates under the Broadcasting Services Act 1992 and extends across the Commonwealth of Australia, impacting all relevant broadcasters within the country. There are no exclusions or exemptions specified in this particular amendment, and it does not alter the fundamental licensing conditions or restrictions on broadcasters as outlined in the BSA.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2016) primarily amends the Broadcasting Services (Events) Notice (No. 1) 2010 to remove the 2016 United States Masters golf tournament from the anti-siphoning list, which is a list of events that must be broadcast free-to-air (section 3). This amendment allows the Seven Network, which holds the free-to-air broadcast rights for the tournament, to premiere coverage of the event on a digital multichannel, thus providing flexibility in free-to-air television coverage (Schedule 1, Item 1). The Notice imposes specific obligations on the parties it governs. It requires that the 2016 United States Masters golf tournament rounds be excluded from the anti-siphoning list, thereby permitting the Seven Network to broadcast the event on a digital channel while ensuring that future United States Masters tournaments remain on the anti-siphoning list (Schedule 1, Item 1). Under the Broadcasting Services Act 1992, breaches of the obligations set out in the Notice could result in penalties. Although the Notice itself does not explicitly outline penalties, breaches of the Act can lead to substantial fines and, in severe cases, criminal charges. For example, under section 130 of the Broadcasting Services Act 1992, an individual or corporation can be fined up to $105,000 for non-compliance with the Act, and in the case of a continuing failure to comply, a further penalty of up to $630,000 can be imposed for each day the failure continues after conviction. Additionally, under section 131, a corporation can face criminal penalties if it is proven that the contravention was authorised or permitted by, or attributable to, a want of care on the part of, or recklessness or wilful blindness on the part of, a senior manager or an officer of the corporation.

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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.