Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 6 of 2012)

Administered by Department of Communications and the Arts

Legislation au F2012L00971 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 6 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. 6 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 4 May 2012 and 10 June 2012 as part of the 2012 National Rugby League Premiership competition.

 

The events to be removed are those specified in Item 5.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

2012 National Rugby League Premiership

 

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 4 May 2012 and 10 June 2012 as part of the 2012 National Rugby League Premiership competition.

 

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 (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. 6 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 Item 5.1 of the Schedule to the Principal Notice with a new Items 5.1 (subclause 4.1 refers). This amendment has 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 League 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 and between 4 May 2012 and 10 June 2012 as part of the 2012 National Rugby League Premiership competition (see subclause 4.1).

 

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 2012 National Rugby League Premiership competition. 

 

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 specific events are televised free to the Australian public.  The removal of certain events to be held as part of the 2012 National Rugby League Premiership competition from the anti-siphoning list will give free-to-air broadcasters greater flexibility in broadcasting 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).

 

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 6 of 2012) was enacted in 2012 by the Minister for Broadband, Communications and the Digital Economy under subsection 115(2) of the Broadcasting Services Act 1992. This amendment was introduced to address the need for greater flexibility in the broadcasting of the 2012 National Rugby League Premiership competition. The Broadcasting Services Act 1992 established the legal framework for broadcasting services in Australia, including the regulation of subscription television and the implementation of anti-siphoning measures to protect free-to-air broadcasters. The policy objective of this amendment was to remove certain events from the anti-siphoning list, allowing the Nine Network, which held the free-to-air broadcast rights, to premiere these events on a digital multi-channel, thus enhancing the viewing experience for Australian audiences by increasing live coverage of these events. The Minister for Broadband, Communications and the Digital Economy, exercising authority under the Broadcasting Services Act 1992, issued this notice to amend the Broadcasting Services (Events) Notice (No. 1) 2010. This amendment removed specific matches from the 2012 National Rugby League Premiership competition from the anti-siphoning list, providing the Nine Network with the flexibility to broadcast these matches on a digital multi-channel. This change was made to improve the accessibility and live coverage of the National Rugby League Premiership events, thereby enhancing the overall viewing experience for the public. The amendment aligns with international human rights obligations by promoting freedom of expression and cultural participation, as outlined in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 6 of 2012) applies to all broadcasters and relevant stakeholders within the Australian broadcasting industry, specifically targeting subscription, commercial, and national television broadcasters. This Notice, issued under subsection 115(2) of the Broadcasting Services Act 1992, pertains to the anti-siphoning list, which is designed to protect certain events from being exclusively broadcast on subscription television services, ensuring they remain accessible to the broader public via free-to-air television. The amendment removes certain matches of the 2012 National Rugby League Premiership from the anti-siphoning list, allowing the free-to-air broadcaster holding the broadcast rights, the Nine Network, to premiere these events on a digital multi-channel. This change aims to enhance the viewing experience for Australian audiences by increasing live coverage of these events. The Notice has a national jurisdictional reach, impacting all relevant broadcasters across Australia. The amendments allow for greater flexibility in free-to-air coverage, enhancing access to live sports events for the public.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 6 of 2012) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice) by removing certain events from the anti-siphoning list. This amendment is made to allow the free-to-air broadcaster that holds the broadcast rights for the 2012 National Rugby League Premiership, namely the Nine Network, to premiere specific matches on a digital multi-channel. According to section 4 of the Notice, the specific matches to be removed from the anti-siphoning list are those scheduled between 30 March 2012 and 30 April 2012, and between 4 May 2012 and 10 June 2012, as part of the 2012 National Rugby League Premiership competition (see subclause 4.1). The Notice imposes several obligations on parties governed by the Broadcasting Services Act 1992 (BSA). For subscription television broadcasters, it prohibits them from acquiring rights to televise the specified events ahead of commercial television broadcasters and national broadcasters (section 99 of the BSA and paragraph 10(1)(e) of Schedule 2 to the BSA). It also imposes restrictions on both commercial television broadcasters and national broadcasters to ensure that anti-siphoning events are shown on their primary channels before being shown on their digital multi-channels during and after the simulcast period (Part 4A of Schedule 4 to the BSA). The removal of certain events from the anti-siphoning list allows for greater flexibility in free-to-air television coverage, thereby enhancing the viewing experience for Australian audiences. Any breach of the conditions set forth in the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 6 of 2012) can lead to significant civil and criminal consequences. For instance, if a subscription television broadcaster violates the prohibition on acquiring rights to televise specified events ahead of commercial television broadcasters and national broadcasters, it may face penalties under the BSA. These penalties can include fines and other sanctions as determined by the relevant authorities. Additionally, broadcasters found in breach of the anti-siphoning restrictions may also face legal action, which could result in further penalties and enforcement measures to ensure compliance with the legislative requirements.

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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.