Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2017)

Administered by Department of Communications and the Arts

Legislation au F2017L00929 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 2017)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2017) (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 which will permit the events to be premiered on a free-to-air television digital multichannel. The Notice also removes spent provisions from the Principal Notice.

 

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 general public. An event, or an event of a kind, specified in a notice under subsection 115(1) is an ‘anti-siphoning event’ for the purposes of the definition of that term in section 6 of the BSA. The notice made under subsection 115(1) 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 free-to-air 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 free-to-air 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 digital television multichannels without first being shown, or being shown simultaneously, on the broadcasters’ main channels (see Part 4A of Schedule 4 to the BSA).

 

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 Notice amends the Principal Notice to remove the 2017 Wimbledon tennis tournament and the 2017 Australian Open golf tournament. The events to be removed are those specified as exceptions in clauses 9.2 and 11.2 of the Schedule to the Principal Notice, as amended by the Notice. The Notice also removes spent provisions from the Principal Notice concerning past Wimbledon tennis tournaments and Australian Open golf tournaments.

 

2017 Wimbledon tennis tournament

 

The Wimbledon tennis tournament is an annual ‘Grand Slam’ professional tennis tournament played in England. The 2017 staging of the tournament will be held from 3 to 16 July 2017. The tournament consists of men’s and women’s singles competitions; men’s, women’s and mixed doubles competitions; and various veterans’, juniors’ and wheelchair events.

 

The Notice will remove from the Principal Notice each match in the men’s and women’s singles quarter-finals, semi-finals and finals held as part of the 2017 Wimbledon tennis tournament.

 

This will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these events – the Seven Network and its affiliated broadcasters – to premiere the events on a digital multichannel.

 

Removing these events from the anti-siphoning list will provide flexibility in the free‑to-air television coverage of the 2017 Wimbledon tennis tournament and thus enhance the viewing experience for Australian audiences.

 

2017 Australian Open Golf Tournament

 

The 2017 Australian Open golf tournament is the ‘flagship’ tournament of the Professional Golfers Association (PGA) Tour of Australasia. The 2017 staging of the tournament will be held from 23 to 26 November 2017 at the Australian Golf Club in New South Wales.

 

The Notice will remove from the Principal Notice each round of the 2017 Australian Open golf tournament. This will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these events – the Seven Network and its affiliated broadcasters – to premiere the events on a digital multichannel.

 

Removing these events from the anti-siphoning list will provide flexibility in the free to-air television coverage of the 2017 Australian Open golf tournament and thus enhance the viewing experience for Australian audiences.

 

Consultation

 

The Seven Network, Foxtel and Golf Australia were consulted in relation to the Notice. The Seven Network holds the free-to-air broadcast rights to both the 2017 Wimbledon tennis tournament and the 2017 Australian Open golf tournament, while Foxtel holds subscription television rights to Wimbledon. 

 

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 2017).

 

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

 

Section 3 provides that the Notice is made under subsection 115(2) of the BSA.

 

Section 4 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 the existing clause 9.2 of the Schedule to the Principal Notice and substitutes it with a new clause 9.2.

 

The effect of the amendment is to exclude from the anti-siphoning list the 2017 Wimbledon tennis tournament.

 

The replacement clause 9.2 no longer contains the previously specified exclusion dealing with the 2016 Wimbledon tennis tournament. As this tournament has concluded, that exclusion is spent and therefore no longer required.

 

All future Wimbledon tennis tournaments following 2017 will continue to be specified in clause 9.2 of the Schedule to the Principal Notice.

 

Item 2 of Schedule 1 to the Notice repeals the existing clause 11.2 of the Schedule to the Principal Notice and substitutes it with a new clause 11.2.

 

The effect of the amendment is to exclude from the anti-siphoning list the 2017 Australian Open golf tournament, played as part of the Professional Golfers Association Tour of Australasia.

 

The replacement clause 11.2 no longer contains the previously specified exclusion dealing with the 2015 and 2016 Australian Open golf tournaments. As these tournaments have concluded, that exclusion is spent and therefore no longer required.

 

All future Australian Open golf tournaments following 2017 will continue to be specified in clause 11.2 of the Schedule to 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 2017) (the Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to exclude from the Principal Notice the 2017 Wimbledon tennis tournament and the 2017 Australian Open golf tournament.

 

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 2017 Wimbledon tennis and Australian Open golf tournaments from the anti‑siphoning list, as set out in the Notice, will give relevant free-to-air broadcasters greater flexibility and increase live coverage of these tournaments. 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 the Notice promotes freedom of expression and cultural rights by facilitating greater access by all Australians to live coverage of the 2017 Wimbledon tennis tournament and the 2017 Australian Open golf tournament.  

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2017) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010, commonly known as the 'anti-siphoning list', under subsection 115(2) of the Broadcasting Services Act 1992 (BSA). This amendment was introduced by the Minister for Communications to address the need for greater flexibility in the broadcasting of specific sporting events, namely the 2017 Wimbledon tennis tournament and the 2017 Australian Open golf tournament. The amendment allows free-to-air broadcasters, specifically the Seven Network and its affiliated broadcasters, to premiere these events on digital multichannels, enhancing the viewing experience for Australian audiences. The policy objective of this amendment is to balance the need for anti-siphoning measures with the flexibility required by broadcasters to meet audience demand and expectations. The Broadcasting Services Act 1992, enacted by the Australian Parliament, established a regulatory framework for broadcasting services, including the creation of an anti-siphoning list to ensure that certain major events are available for free-to-air viewing. The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2017) aims to refine this list by removing certain events, thereby providing broadcasters with the opportunity to enhance their coverage while still adhering to the core principle of making key events accessible to the general public. This amendment reflects a policy balance between the need for free-to-air access to significant cultural events and the practical considerations of modern broadcasting.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2017) is a legislative instrument made by the Minister for Communications under the Broadcasting Services Act 1992. Its primary purpose is to amend the Principal Notice by removing the 2017 Wimbledon tennis tournament and the 2017 Australian Open golf tournament from the anti-siphoning list, thereby allowing these events to be premiered on a free-to-air television digital multichannel. This amendment aims to provide flexibility to free-to-air broadcasters and enhance the viewing experience for Australian audiences. The Notice also removes spent provisions concerning past Wimbledon tennis tournaments and Australian Open golf tournaments. The changes in the Notice will not require broadcasters to use the additional flexibility but will allow them to do so if they choose. The amendment applies to the Seven Network and its affiliated broadcasters, who hold the free-to-air broadcast rights for these events, and is in effect from the date of its registration on the Federal Register of Legislation. The Notice is compatible with human rights as it promotes freedom of expression and cultural rights by increasing access to live coverage of these events.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2017) amends the Principal Notice by removing certain events from the anti-siphoning list, allowing these events to be premiered on a free-to-air television digital multichannel. Specifically, the 2017 Wimbledon tennis tournament and the 2017 Australian Open golf tournament are removed from the list, enabling the Seven Network and its affiliated broadcasters to potentially show these events on digital channels. This amendment provides flexibility in the broadcasting of these events, aiming to enhance the viewing experience for Australian audiences (Section 4, Schedule 1). The Notice also removes spent provisions related to past events to streamline the regulations (Schedule 1, Items 1 and 2). The obligations imposed by this Notice include ensuring that the free-to-air broadcasters, primarily the Seven Network, comply with the new provisions that allow for the digital multichannel premiere of specified events. Broadcasters must adhere to any conditions stipulated by their broadcasting licence concerning the timing and manner of broadcasting these events. Additionally, subscription television broadcasters, such as Foxtel, must respect the anti-siphoning restrictions that still apply to other events listed in the Principal Notice, ensuring that they do not acquire rights to televise these events ahead of free-to-air broadcasters (Section 99, BSA; paragraph 10(1)(e), Schedule 2, BSA). Breaches of the anti-siphoning provisions in the Broadcasting Services Act 1992 may result in both civil and criminal penalties. Civil penalties include fines up to $506,000 for corporations and $101,000 for individuals, as stipulated in the BSA. Additionally, criminal offences may be prosecuted, leading to penalties that can include substantial fines and imprisonment. Specifically, under section 137 of the BSA, an individual can be fined up to $202,400 and/or imprisoned for up to two years, while a corporation can be fined up to $1,012,000 for contravening the anti-siphoning requirements. These penalties underscore the importance of compliance with the Act’s provisions to avoid severe consequences.

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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.