Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 9 of 2015)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2015) (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 events from the Principal Notice to permit the events to be premiered on a free-to-air television digital multichannel. The notice also amends the Principal Notice to remove a number of spent provisions.
This Notice is a legislative instrument for the purposes of paragraph 6(d) of the Legislative Instruments 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 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 these 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’ primary 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 this Notice is to amend the Principal Notice to remove from the current anti-siphoning list two netball test matches to be played in Australia on 25 October 2015 and 30 October 2015 involving the senior Australian representative team and the senior New Zealand representative team. The events to be removed are those specified as exceptions in clause 10.1 of the Schedule to the Principal Notice, as amended by this Notice.
This amending Notice also removes spent provisions in the Principal Notice concerning past netball test matches, as well as spent provisions for other past events in clauses 4.1, 5.1, 6.1, 7.2 and 9.3.
2015 Netball Test Series
The 2015 Netball Test Series will be held in various locations across Australia and New Zealand between 20 October 2015 and 30 October 2015.
The Notice will remove from the anti-siphoning list the two test matches to be played in Australia between Australia and New Zealand as part of this series, one match in Melbourne on 25 October 2015, and another match in Perth on 30 October 2015.
These amendments will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these matches, Network Ten, to premiere coverage of the ‘delisted’ events on a digital multichannel.
Removing the events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of the delisted matches. This will enhance the viewing experience for Australian audiences.
Notes on Clauses
Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2015).
Section 2 provides that the Notice will commence on the day it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) is amended in accordance with the items contained in the attached Schedule.
Schedule 1 - Amendments
Item 1 provides that the Principal Notice is amended by repealing the existing clause 4.1 of the Schedule to the Principal Notice and substituting a new clause 4.1.
Clause 4.1 of the Schedule to the Principal Notice specifies that each match in the Australian Football League Premiership competition, including the Finals Series, is included in the anti-siphoning list. Paragraph 4.1(a) provides an exception for all matches played as part of the 2015 competition, including the Finals Series but excluding the Grand Final, which remained on the anti-siphoning list. The 2015 competition has now finished. This amendment removes the spent provision concerning those past matches.
Item 2 provides that the Principal Notice is amended by repealing the existing clause 5.1 of the Schedule to the Principal Notice and substituting a new clause 5.1.
Clause 5.1 of the Schedule to the Principal Notice specifies that each match in the National Rugby League Premiership competition, including the Finals Series, is included in the anti-siphoning list. Paragraph 5.1(a) provides an exception for all matches played as part of the 2015 competition, including the Finals Series but excluding the Grand Final, which remained on the anti-siphoning list. The 2015 competition has now finished. This amendment removes the spent provision concerning the matches in that past competition.
Item 3 provides that the Principal Notice is amended by repealing the existing clause 6.1 of the Schedule to the Principal Notice and substituting a new clause 6.1.
Clause 6.1 of the Schedule to the Principal Notice specifies that each international “test” match involving the senior Australian representative team selected by the Australian Rugby Union, played in Australia, New Zealand, South Africa or Europe is included in the anti-siphoning list, except for a specific match played on 8 August 2015. This amendment removes the spent provision concerning that past match.
Item 4 provides that the Principal Notice is amended by repealing the existing clause 7.2 of the Schedule to the Principal Notice and substituting a new clause 7.2.
Clause 7.2 of the Schedule to the Principal Notice specifies that each “test” match involving the senior Australian representative team selected by Cricket Australia and the senior English representative team, played in the United Kingdom is included in the anti-siphoning list, except for each of those matches played between 8 July 2015 and 24 August 2015. This amendment removes the spent provision concerning those past matches.
Item 5 provides that the Principal Notice is amended by omitting “2015 and 2016 United States Open tennis tournaments” from paragraph 9.3(a) of the Schedule to the Principal Notice, and substituting “2016 United States Open tennis tournament”.
Clause 9.3 of the Schedule to the Principal Notice specifies that each match in the men’s and women’s singles quarter‑finals, semi‑finals and finals of the United States Open tennis tournament is included in the anti-siphoning list, except for any of those matches held as part of the 2015 and 2016 tournaments. The 2015 tournament has now finished. This amendment removes the spent provision concerning the matches in that past tournament.
Item 6 provides that the Principal Notice is amended by repealing the existing clause 10.1 of the Schedule to the Principal Notice and substituting a new clause 10.1.
Clause 10.1 of the Principal Notice specifies that netball matches involving the senior Australian representative team played in Australia or New Zealand are included in the anti‑siphoning list. The amendment to clause 10.1 removes from the list two test matches to be played between Australia and New Zealand, one in Melbourne on 25 October 2015, and another in Perth on 30 October 2015. These are the two test matches to be played in Australia as part of the 2015 Netball Test Series.
The amendment to clause 10.1 also removes a spent provision providing an exception from the anti-siphoning list for past matches played between 7 August 2015 and 6 August 2015.
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 netball test matches.
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 specified events are televised free to the Australian public. The removal of certain netball matches from the anti‑siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of the events. This will enhance the viewing experience for Australian audiences.
Consultation
The office of the Minister for Communications consulted with Network Ten, Foxtel and Fox Sports in relation to this Notice. Network Ten holds the free-to-air broadcast rights to the netball test matches affected by this Notice. Foxtel will be televising these matches on its subscription television broadcasting service.