Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2012)

Administered by Department of Communications and the Arts

Legislation au F2012L01171 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 2012)

 

 

Issued by the authority of the Minister for Infrastructure and Transport, on behalf of the Minister for Broadband, Communications and the Digital Economy

in accordance with an authorisation under section 34AAB of the

Acts Interpretation Act 1901.

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2012) (the Notice) is made by the Minister for Infrastructure and Transport, on behalf of 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 the rugby union test matches to be played between the senior Australian and Welsh representative teams on 9 June and 16 June 2012.

 

The events to be removed are those specified in Item 6.1 of the Schedule to the Principal Notice, as amended by this Notice.

 

These amendments will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these events (the Nine Network) and the regional broadcasters affiliated with the Nine Network to premiere them live 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. 9 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 6.1 of the Schedule to the Principal Notice with a new Item 6.1 (subclause 4.1 refers). This amendment has the effect of removing certain events from the Principal Notice.

 

The effect of new Item 6.1 is that each international rugby union “test” match involving the senior Australian representative team played in Australia, New Zealand, South Africa or Europe will remain listed, except for the matches played between Australia and Wales on 9 and 16 June 2012.

 

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 international rugby union test matches contested by the senior Australian representative team. 

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 international rugby union test matches to be played by the Australian team on 9 June 2012 and 16 June 2012 from the anti‑siphoning list will give free-to-air broadcasters greater flexibility and increase the live coverage of these events. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister consulted with the Nine Network in relation to this Notice. The Nine Network holds the free-to air broadcast rights to the rugby union matches affected by the Notice.

 

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2012) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010, commonly referred to as the anti-siphoning list, by removing certain events from it. This amendment was made to allow the free-to-air broadcasters holding the broadcast rights for these events to premiere them live on a digital multi-channel, thus providing greater flexibility in television coverage and enhancing the viewing experience for Australian audiences. The Notice was introduced by the Minister for Infrastructure and Transport on behalf of the Minister for Broadband, Communications and the Digital Economy, under the Broadcasting Services Act 1992. The policy objective of this amendment is to facilitate greater access to live coverage of international rugby union test matches contested by the Australian team, thereby promoting freedom of expression and cultural rights. This legislative instrument was issued under the authority of the Minister for Infrastructure and Transport, in accordance with an authorisation under section 34AAB of the Acts Interpretation Act 1901. The Notice ensures compatibility with human rights by promoting freedom of expression and cultural rights, aligning with Australia's obligations under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The Minister's office consulted with the Nine Network, which holds the free-to-air broadcast rights for the affected rugby union matches, to facilitate this amendment.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2012) applies to broadcasters in Australia and seeks to modify the Broadcasting Services (Events) Notice (No. 1) 2010, commonly known as the anti-siphoning list. This amendment, made under the Broadcasting Services Act 1992, allows the Minister for Infrastructure and Transport, on behalf of the Minister for Broadband, Communications and the Digital Economy, to remove specific events from the anti-siphoning list to permit their premiere on free-to-air digital multi-channels. The Notice removes certain rugby union test matches involving the Australian team from the anti-siphoning list, thereby allowing the Nine Network, which holds the free-to-air broadcast rights, to premiere these matches on a digital multi-channel. The amendment is designed to enhance viewing experiences by providing greater flexibility in live coverage and increasing the availability of live events to Australian audiences. The Notice operates nationally and comes into effect on the day it is registered on the Federal Register of Legislative Instruments. While the Notice primarily targets subscription, commercial, and national broadcasters, its broader impact is to influence the scheduling and accessibility of televised events across Australia.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2012) amends the Broadcasting Services (Events) Notice (No. 1) 2010 to remove certain rugby union test matches from the anti-siphoning list. Specifically, the amendment removes the matches between the Australian and Welsh representative teams scheduled for 9 June and 16 June 2012 from the list (see Clause 4). This amendment allows the Nine Network and its affiliated regional broadcasters to premiere these events on their digital multi-channels, thereby enhancing flexibility in free-to-air coverage and potentially increasing live coverage for Australian audiences. The Notice imposes specific obligations on broadcasters, particularly subscription television broadcasters, by prohibiting them from acquiring rights to televise certain events ahead of commercial and national broadcasters. Furthermore, it restricts commercial and national broadcasters from showing parts of these events on their digital multi-channels without first broadcasting them on their primary channels during the simulcast period and ensuring they are shown first or simultaneously on their primary channels after the simulcast period ends (see Part 4A of Schedule 4 to the BSA). Breaching the obligations imposed by the Broadcasting Services Act 1992 or the amended Notice could lead to various civil or criminal consequences. Subscription television broadcasters who acquire rights to televise events listed in the anti-siphoning list before commercial or national broadcasters may face penalties under section 146 of the BSA, which can include fines up to $10,000 for individuals and $50,000 for corporations. Similarly, commercial and national broadcasters who fail to comply with the restrictions on showing parts of these events on their digital multi-channels may also face penalties. Failure to adhere to these obligations could result in legal action and fines, impacting the broadcaster's operations and reputation. The Notice asserts compatibility with human rights, particularly freedom of expression and cultural rights, by allowing greater access to live coverage of international rugby union test matches contested by the Australian team. By removing specific matches from the anti-siphoning list, the Notice facilitates broader viewing options for Australian audiences, thereby enhancing their cultural experience and aligning with international obligations under the ICCPR and ICESCR. This aligns with Article 19(2) of the ICCPR and Article 15(1) of the ICESCR, which protect the right to seek, receive, and impart information, as well as the right to take part in cultural life, including sports.

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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.