Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2011)

Administered by Department of Communications and the Arts

Legislation au F2011L01353 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 9 of 2011)

 

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. 9 of 2011) (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 these 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 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 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 certain matches to be held as part of the 2011 World Netball Championships. 

 

The events to be removed are specified in Item 10.2 and Item 10.3 of the Schedule to the Principal Notice, as amended by this Notice.

 

2011 World Netball Championships

 

The 2011 World Netball Championships will be held in Singapore from 3 July 2011 to 10 July 2011, with the semi-finals and final scheduled for 9 July 2011 and 10 July 2011 respectively. The semi-finals of this tournament are scheduled to start at 5.30 pm and 7.45 pm Australian Eastern Standard Time (AEST) on 9 July 2011, while the final of this tournament is scheduled to start at 6.45 pm AEST on 10 July 2011.

 

This Notice will remove from the Principal Notice the semi-final and final of the 2011 World Netball Championships if the Australian representative team is a participant. (A semi-final or final that does not include the Australian representative team is not a specified event in the Principal Notice.)

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the broadcast rights to the 2011 World Netball Championships (Network Ten and its regional affiliates) to premiere a semi-final or final in which the Australian representative team is a participant on a digital multi-channel while maintaining regularly-scheduled programming on their primary channel. It is anticipated that, as a result of this amendment, many television viewers will be able to watch live coverage of matches involving the Australian team that would otherwise only be shown on the primary channel after a long delay.

 

Notes on Clauses

 

Clause 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2011).

 

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 the existing Item10.2 and Item 10.3 of the Schedule to the Principal Notice with a new Item 10.2 and Item 10.3.

 

This amendment has the effect of removing the specified events from the Principal Notice. As amended, a semi-final or final of the World Netball Championships involving the Australian team will remain listed on the Principal Notice, except for the semi-final or final held as part of the 2011 World Netball Championships.


Consultation

 

Consultations were undertaken by the Minister’s office and the Department of Broadband, Communications and the Digital Economy with Network Ten following Network Ten’s request to the Minister that the semi-finals and finals of the 2011 World Netball Championships be removed from the anti‑siphoning list.
Network Ten holds the free-to-air broadcast rights to the 2011 World Netball Championships. The Minister also received a letter from Netball Australia supporting the removal of the semi-finals and finals of the 2011 World Netball Championships from the anti‑siphoning list.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2011) was enacted to address a specific issue regarding the broadcast of certain events that were previously included on the anti-siphoning list under the Broadcasting Services Act 1992. This legislative instrument, made by the Minister for Broadband, Communications and the Digital Economy, seeks to amend the anti-siphoning list to permit certain events to be premiered on a free-to-air television digital multi-channel. The policy objective behind this amendment is to provide flexibility in the broadcasting of certain events, specifically the semi-finals and final of the 2011 World Netball Championships if the Australian representative team is a participant, to allow free-to-air broadcasters to premiere these matches on digital multi-channels while maintaining their regular programming on the primary channel. This amendment aims to enhance viewer access to live coverage of matches involving the Australian team that would otherwise be subject to delays on the primary channel.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2011) pertains to the removal of certain events from the anti-siphoning list under the Broadcasting Services Act 1992 (BSA), enabling these events to be premiered on a free-to-air television digital multi-channel. This amendment specifically targets the 2011 World Netball Championships, allowing Network Ten and its regional affiliates to premiere the semi-finals and final of the Championships on their digital multi-channels, provided the Australian representative team is participating. This change is designed to ensure that viewers can watch live coverage of matches involving the Australian team without the delays that would occur if the matches were only shown on the primary channel. The Notice applies to the specified events within the 2011 World Netball Championships and is limited to the period during which these events are scheduled to occur. The Notice does not extend to any other events or broadcasting practices outside of the specified matches. The amendment will come into effect on the day it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2011) primarily amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to remove certain events from the anti-siphoning list, specifically the semi-finals and final of the 2011 World Netball Championships if the Australian representative team is a participant (section 4). This amendment allows free-to-air broadcasters, such as Network Ten and its regional affiliates, to premiere these events on a digital multi-channel while continuing with their regular programming on their primary channel (section 4). The primary objective of this change is to enable more viewers to watch live coverage of matches involving the Australian team, which would otherwise be delayed on the primary channel. This Notice imposes specific obligations on the parties it governs. It mandates the removal of certain events from the anti-siphoning list, which in turn affects the broadcasting rights and responsibilities of subscription television broadcasters, commercial television broadcasters, and national broadcasters (section 115(2) of the Broadcasting Services Act 1992). By amending the Principal Notice, the Minister for Broadband, Communications, and the Digital Economy ensures that these broadcasters can manage their programming schedules more flexibly, allowing for live coverage on digital multi-channels without contravening the anti-siphoning provisions. There are no direct offences, penalties, or civil/criminal consequences outlined in this Notice for breach. However, the anti-siphoning provisions of the Broadcasting Services Act 1992 impose restrictions on broadcasters that, if breached, could result in enforcement actions. These actions may include fines, orders for the cessation of non-compliant broadcasts, or other regulatory measures. The specific penalties for breaches of the anti-siphoning provisions are detailed in the Broadcasting Services Act 1992 and can include fines up to $10,000 per contravention (section 115(3) of the Broadcasting Services Act 1992). Compliance with this Notice is therefore crucial to avoid potential penalties under the broader legislative framework.

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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.