Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2013)

Administered by Department of Communications and the Arts

Legislation au F2013L01055 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 8 of 2013)

 

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. 8 of 2013) (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 legislative instrument, specify events that in the Minister’s opinion should be televised free to the general 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 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 the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon (Lawn Tennis Championships) tennis tournament to be held in 2013.

 

The events to be removed are those specified in Item 9.2 of the Schedule to the Principal Notice, as amended by this Notice.

 

2013 Wimbledon

 

The 2013 Wimbledon tournament is a Grand Slam tennis tournament that will be held between 24 June and 7 July 2013 in Wimbledon, London, in the United Kingdom. It will consist of men’s and women’s singles competitions; men’s, women’s and mixed doubles competitions; and various veterans’, juniors’ and wheelchair events.

 

The Principal Notice includes the men’s and women’s singles quarter-finals, semi‑finals and finals of the Wimbledon tournament. This Notice will remove from the Principal Notice these matches played as part of the 2013 Wimbledon tournament.

 

This will allow the free-to-air broadcaster that holds the broadcast rights to the 2013 Wimbledon tournament (the Seven Network) to premiere these matches on a digital multichannel in each relevant television licence area. This will provide the Seven Network and its affiliated regional stations with greater flexibility in the free-to-air television coverage of the tournament and, in particular, increase the potential for live coverage of the event, thereby enhancing 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. 8 of 2013).

 

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 adding an exception at the end of existing Item 9.2 of the Schedule to the Principal Notice.

 

This amendment has the effect of removing the specified events from the Principal Notice. As amended, each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon tournament will remain listed on the Principal Notice (for the purposes of the obligations in Part 4A of Schedule 4 to the BSA), except for the men’s and women’s singles quarter-finals, semi-finals and finals that are held as part of the 2013 Wimbledon tournament.

 

 

 

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 Wimbledon tournament. 

 

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 the men’s and women’s singles quarter‑finals, semi‑finals and finals of the Wimbledon tournament from the anti‑siphoning list will give free-to-air broadcasters additional flexibility in broadcasting the event and support the provision of live coverage. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

Consultations were undertaken by the Minister’s office with the Seven Network following the Seven Network’s request to the Minister that the men’s and women’s singles quarter-finals, semi-finals and finals of the 2013 Wimbledon tournament be removed from the anti‑siphoning list. The Seven Network holds the free-to air broadcast rights to the 2013 Wimbledon tournament.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2013) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010, which is commonly known as the anti-siphoning list, by removing certain events from it. This amendment was made under subsection 115(2) of the Broadcasting Services Act 1992, by the Minister for Broadband, Communications and the Digital Economy. The objective of the Notice is to allow the free-to-air broadcaster holding the broadcast rights to the 2013 Wimbledon tournament, the Seven Network, to premiere specific matches on a digital multichannel, thereby increasing the potential for live coverage and enhancing the viewing experience for Australian audiences. The Notice ensures compatibility with human rights by promoting freedom of expression and cultural rights through greater access to live sports coverage.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2013) applies to the events specified in Item 9.2 of the Schedule to the Principal Notice, which is amended by this Notice to remove certain events from the Principal Notice, namely the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon (Lawn Tennis Championships) tennis tournament to be held in 2013. This amendment allows the free-to-air broadcaster, the Seven Network, which holds the broadcast rights to the 2013 Wimbledon tournament, to premiere these matches on a digital multichannel in each relevant television licence area. This amendment is made under the authority of the Minister for Broadband, Communications and the Digital Economy pursuant to subsection 115(2) of the Broadcasting Services Act 1992. The Notice has a national reach and applies across Australia, providing flexibility to free-to-air broadcasters in the coverage of the specified events, while ensuring compliance with the anti-siphoning obligations under the Act. The amendment does not extend or restrict application beyond the specific events and circumstances outlined in the Notice.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2013) amends the Broadcasting Services (Events) Notice (No. 1) 2010, primarily by removing certain events from the anti-siphoning list. Specifically, it removes the men’s and women’s singles quarter-finals, semi-finals, and finals of the 2013 Wimbledon (Lawn Tennis Championships) from the list. This is achieved through an exception added to the existing Item 9.2 of the Schedule to the Principal Notice (Clause 4). Under the Broadcasting Services Act 1992 (BSA), the Minister for Broadband, Communications and the Digital Economy has the authority to specify events that should be televised free to the public (subsection 115(1)). These events, known as anti-siphoning events, are included in a notice (subsection 115(1) notice) and trigger a licence condition for subscription television broadcasters that prohibits them from acquiring rights to televise these events before commercial television broadcasters and national broadcasters (section 99 of the BSA). The anti-siphoning list also imposes restrictions on commercial and national broadcasters to ensure that these events are shown first or simultaneously on their main channels and primary digital multi-channels (Part 4A of Schedule 4 to the BSA). The amendment removes these specific Wimbledon matches from the anti-siphoning list, allowing the Seven Network, which holds the broadcast rights for the 2013 Wimbledon tournament, to premiere these matches on a digital multichannel, thereby providing more flexibility and potentially enhancing live coverage. The obligations under the BSA for broadcasters are primarily to comply with the restrictions and prohibitions outlined in the anti-siphoning list. Broadcasters must ensure that events listed in a subsection 115(1) notice are televised free to the public and adhere to the specified conditions, such as simulcast periods and channel restrictions. By removing certain Wimbledon matches from the list, the amendment relieves broadcasters of some of these obligations for these specific events, allowing for more flexibility in scheduling and coverage. Breaches of the obligations under the BSA, such as failing to comply with the anti-siphoning list conditions, may result in various consequences. For instance, subscription television broadcasters violating the licence conditions may face penalties under the BSA. However, the specific penalties for such breaches are not detailed in the provided text. The text does state that the Notice is compatible with human rights and freedoms as it promotes freedom of expression and cultural rights by facilitating greater access to live coverage of the Wimbledon tournament for Australians. This aligns with the obligations under international instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

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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.