Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 of 2017)

Administered by Department of Communications and the Arts

Legislation au F2017L01100 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 7 of 2017)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 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 this Notice is to amend the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to remove certain international netball events from the Principal Notice to permit the events to be premiered on a free-to-air television digital multichannel. The Notice also removes a spent provision from the Principal Notice.  

 

This 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 purpose of the Notice is to remove from the current anti-siphoning list four international netball matches involving the senior Australian representative team to be played on 30 August, 3 September, 5 October and 11 October 2017. The events to be removed are those specified as exceptions in clause 10.1 of the Schedule to the Principal Notice, as amended by the Notice. The Notice also removes spent provisions from the Principal Notice concerning past international netball matches.  

 

2017 Netball Matches

 

The 2017 Netball Quad Series and the 2017 Constellation Cup will be held in various locations across Australia and New Zealand between 26 August and 14 October 2017.

 

The Notice will remove from the Principal Notice the following four international netball matches to be played as part of these two tournaments:

-          the match to be played in Australia between Australia and South Africa on 30 August 2017;

-          the matches to be played in New Zealand between Australia and New Zealand on 3 September and 5 October 2017; and

-          the match to be played in Australia between Australia and New Zealand on 11 October 2017.

These amendments will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these matches (the Nine Network and its affiliates) to premiere coverage of the ‘delisted’ events on a digital multichannel.

 

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

 

Consultation

 

The Department of Communications and the Arts, on behalf of the Minister for Communications, consulted with the Nine Network and Netball Australia in relation to the Notice. The Nine Network holds the free-to-air broadcast rights to the matches affected by this Notice.

Further information about the Notice is at Attachment 1.

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment 2.

 

 


Attachment 1

 

Notes on Clauses

 

Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 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 item contained in Schedule 1 to the Notice.

 

Schedule 1 - Amendments

 

Item 1 of Schedule 1 of the Notice repeals clause 10.1 of the Schedule to the Principal Notice and substitutes it with a new clause 10.1. Clause 10.1 of the Schedule to the Principal Notice specifies that international netball matches involving the senior Australian representative team played in Australia or New Zealand are included in the anti-siphoning list.

 

The effect of the amendment is that the following four international netball matches will be excluded from the anti-siphoning list:

-          the match to be played in Australia between Australia and South Africa on 30  August 2017;

-          the matches to be played  in New Zealand between Australia and New Zealand on 3 September 2017 and 5 October 2017; and

-          the match to be played in Australia between Australia and New Zealand on 11 October 2017.

 

All other international netball matches involving the senior Australian representative team played in Australia or New Zealand will continue to be specified in clause 10.1 of the Schedule to the Principal Notice.

Attachment 2

 

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. 7 of 2017) (the Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to exclude from the Principal Notice four international netball matches to be played in Australia involving the senior Australian representative team as part of the 2017 Netball Quad Series and the 2017 Constellation Cup tournaments.

 

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 certain international netball matches 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 those matches. 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 international netball matches.

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 of 2017) is a legislative instrument issued by the Minister for Communications under the Broadcasting Services Act 1992. This amendment seeks to address a gap in the current anti-siphoning list by removing four international netball matches from the list, thereby allowing the Nine Network to potentially premiere these events on a free-to-air digital multichannel. The decision to amend the anti-siphoning list is aimed at enhancing the viewing experience for Australian audiences by providing broadcasters with greater flexibility in their coverage of these events. The amendment, which removes specific netball matches from the anti-siphoning list, is intended to facilitate increased live coverage of these events, thereby promoting freedom of expression and cultural participation as recognised in international human rights instruments such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The consultation for this amendment involved the Department of Communications and the Arts, the Minister for Communications, the Nine Network, and Netball Australia. The amendment provides a statement of compatibility with human rights, affirming its alignment with the protection of cultural rights and freedom of expression.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 of 2017) applies to broadcasters within the Commonwealth of Australia, specifically targeting free-to-air and subscription television broadcasters. This legislative instrument, made under subsection 115(2) of the Broadcasting Services Act 1992, amends the existing anti-siphoning list by removing certain international netball matches from the list of events that must be televised free-to-air. The amendments specifically address four netball matches involving the senior Australian representative team, allowing the free-to-air broadcaster holding the broadcast rights, namely the Nine Network, to premiere these matches on a digital multichannel. This change provides broadcasters with greater flexibility and is intended to enhance the viewing experience for Australian audiences. The Notice does not impose any new restrictions on broadcasters beyond those already stipulated in the Broadcasting Services Act 1992, and it only removes certain spent provisions related to past netball matches. The Notice is a specific amendment to the Broadcasting Services (Events) Notice (No. 1) 2010 and does not alter the broader framework of the anti-siphoning provisions in the Broadcasting Services Act 1992. The geographic reach of the Notice is limited to Australia, and it applies to events occurring within Australian territory or involving Australian teams, as specified. The Notice is compatible with human rights as it aligns with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights by promoting freedom of expression and cultural participation.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 of 2017) (the Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to exclude certain international netball matches from the anti-siphoning list. Specifically, the Notice removes four international netball matches from the anti-siphoning list, allowing them to be premiered on free-to-air digital multichannels instead of being required to be shown on the main free-to-air channels. The removed matches include those between Australia and South Africa on 30 August 2017, Australia and New Zealand on 3 September and 5 October 2017, and Australia and New Zealand on 11 October 2017. These changes provide broadcasters with greater flexibility in how they cover these events, potentially enhancing the viewing experience for audiences. The obligations imposed by this Notice on the broadcasters are primarily related to the broadcasting rights and the manner in which they may cover the specified events. For subscription television broadcasters, the inclusion of an event in the anti-siphoning list typically prohibits them from acquiring rights to televise the event ahead of free-to-air broadcasters. However, with these netball matches removed from the list, subscription broadcasters can potentially acquire these rights without contravening the anti-siphoning provisions. Free-to-air broadcasters, including commercial and national broadcasters, are required to show anti-siphoning events on their main channels, but the removal of these specific matches allows them to premiere coverage on their digital multichannels, subject to the broadcaster holding the free-to-air broadcast rights. There are no specific offences or penalties outlined in the Notice itself; however, breaches of the underlying obligations in the Broadcasting Services Act 1992 can result in civil or criminal consequences. For example, under section 181 of the BSA, a person who contravenes a licence condition can be subject to a civil penalty of up to $10,000 per contravention. In the case of a corporation, the maximum penalty can be up to $50,000 per contravention. Additionally, under section 185 of the BSA, criminal penalties can apply for serious or repeated breaches, with fines of up to $500,000 for individuals and $2.5 million for corporations, depending on the severity and frequency of the breach. The Notice ensures compliance with these provisions by clarifying the scope of anti-siphoning requirements for the specified netball matches.

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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.