Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2016)

Administered by Department of Communications and the Arts

Legislation au F2016L01244 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 2016)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 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 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). 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 remove from the current anti-siphoning list all matches played as part of the 2016 National Rugby League Premiership competition (‘2016 NRL Premiership’), including the Finals Series, except for the Grand Final. The events to be removed are specified as exceptions to clause 5.1 of the Schedule to the Principal Notice, as amended by the Notice.

 

2016 NRL Premiership

 

The 2016 NRL Premiership is being held between 3 March 2016 and 2 October 2016 in various locations around Australia and New Zealand. It consists of 26 rounds and the Finals Series, and is being contested by 16 teams. The Finals Series held between 9 September and 2 October 2016 includes four qualifying semi-finals, two semi‑finals, two preliminary finals and the Grand Final.

 

The Notice will remove from the Principal Notice all matches played as part of the 2016 NRL Premiership, including the Finals Series, except for the Grand Final. The Grand Final will remain on the anti-siphoning list.

 

Matches played between 3 March 2016 and 25 July 2016 (Rounds 1 to 20) were previously removed from the Principal Notice by the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 3 of 2016).

 

Consultation

 

The office of the Minister for Communications consulted with the Nine Network and Foxtel in relation to the Notice. The Nine Network holds the free-to-air broadcast rights to all of the 2016 NRL Premiership matches affected by the Notice. Foxtel holds subscription television rights to a number of the matches affected by the Notice.  

 

Notes on Clauses

 

Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2016).

 

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 Principal Notice is amended in accordance with the item contained in Schedule 1 to the Notice.

 

Schedule 1 – Amendments

 

Item 1 of Schedule 1 to the Notice repeals clause 5.1 of the Schedule to the Principal Notice and substitutes it with a new clause 5.1. The effect of the amendment is that all matches played as part of the 2016 NRL Premiership, including the Finals Series, are excluded from the anti‑siphoning list, except for the Grand Final. Matches in future years of the National Rugby League Premiership competition, including the Finals Series, will continue to be specified in clause 5.1 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. 8 of 2016) (Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice) to exclude from the Principal Notice all matches to be played as part of the 2016 National Rugby League Premiership competition, including the Finals Series, except for the Grand Final.

 

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 national rugby league 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 rugby league.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2016), issued under the Broadcasting Services Act 1992, aims to amend the Broadcasting Services (Events) Notice (No. 1) 2010 to allow certain events to be televised on free-to-air digital multichannels. This legislative instrument, introduced by the Minister for Communications, seeks to remove all matches of the 2016 National Rugby League Premiership, excluding the Grand Final, from the anti-siphoning list. The primary objective of this amendment is to provide free-to-air broadcasters with greater flexibility, thereby increasing live coverage of rugby league matches and enhancing the viewing experience for Australian audiences. This change aligns with the broadcasting policy that aims to balance the rights of broadcasters with the public interest in accessing significant sporting events. The Notice, as a legislative instrument, ensures that the specified events are no longer subject to the restrictions that apply to anti-siphoning events, which traditionally require these events to be shown on the main channels of free-to-air commercial and national broadcasters. By removing these restrictions, the amendment facilitates better dissemination of sports content, thereby respecting both the freedom of expression and cultural participation rights under international human rights instruments such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. This amendment is consistent with Australia's obligations under these international agreements, ensuring that the changes promote greater access to sports for the public.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2016) applies to the regulation of broadcasting services in Australia, specifically targeting subscription television broadcasters, free-to-air commercial television broadcasters, and national broadcasters. This legislative instrument, made under the Broadcasting Services Act 1992 (BSA), modifies the anti-siphoning list to allow certain National Rugby League (NRL) matches to be broadcast on free-to-air digital multichannels. By removing all matches of the 2016 NRL Premiership, excluding the Grand Final, from the anti-siphoning list, the Notice aims to provide flexibility to broadcasters and enhance the viewing experience for audiences. The changes are confined to the 2016 NRL season, with future seasons remaining subject to the original anti-siphoning provisions. This amendment does not alter the fundamental rights and obligations under the BSA but provides a temporary exception to the anti-siphoning rules for the specified NRL matches.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2016) amends the Broadcasting Services (Events) Notice (No. 1) 2010 by removing certain National Rugby League (NRL) matches from the anti-siphoning list, except for the Grand Final. This amendment is specified in section 3 of the Notice, which provides for the amendment of the Principal Notice in accordance with the item in Schedule 1. Specifically, clause 5.1 of the Schedule to the Principal Notice is repealed and replaced with a new clause that excludes all matches of the 2016 NRL Premiership, including the Finals Series, from the anti-siphoning list (Item 1, Schedule 1). The Notice ensures that the Grand Final remains on the anti-siphoning list, while permitting the other matches to be broadcast on free-to-air digital multichannels. The obligations imposed by the Notice on broadcasters and relevant parties include ensuring that the specified NRL matches, except for the Grand Final, are not restricted to free-to-air broadcast on the broadcasters' main channels and may be shown on digital multichannels. Subscription television broadcasters must also adhere to the revised conditions, particularly in relation to acquiring rights to the excluded matches before free-to-air broadcasters. Free-to-air and national broadcasters must continue to comply with the anti-siphoning restrictions for the Grand Final, ensuring it is shown on their main channels or simultaneously on their digital channels. There are no direct offences or penalties specified in the Notice itself, as it is a legislative instrument amending an existing notice under the Broadcasting Services Act 1992. However, any failure to comply with the anti-siphoning requirements for the Grand Final, or any other provisions of the BSA, could lead to enforcement actions under the Act, including potential penalties for breaches. The BSA provides for a range of civil and criminal penalties for non-compliance, including fines and, in serious cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the BSA being contravened.

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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.