Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2016)

Administered by Department of Communications and the Arts

Legislation au F2016L01340 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 2016)

 

 

Issued by the Authority of the Minister for Communications

 

Purpose

 

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

 

This 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 amend the Principal Notice to remove from the current anti-siphoning list four international netball matches to be played in Australia on 31 August 2016, 4 September 2016, 9 October and 12 October involving the senior Australian 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 the Notice.

 

2016 Netball Matches

 

The Notice will remove from the anti-siphoning list the international netball match to be played in Australia between Australia and England on 31 August 2016, and three international netball matches to be played in Australia between Australia and New Zealand on 4 September 2016, 9 October 2016 and 12 October 2016.

 

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 and its affiliates) to premiere coverage of the ‘delisted’ events on a digital multichannel.

 

Removing these matches from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of these events, and enhance the viewing experience for Australian audiences.

 

Consultation

 

The office of the Minister for Communications consulted with Network Ten, Foxtel and Netball Australia in relation to the Notice. Network Ten holds the free-to-air broadcast rights to the international netball matches affected by this Notice. Foxtel will be televising these matches on its subscription television broadcasting service. Netball Australia is the Australian governing sports body for the senior Australian representative netball team.

 

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 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 Notice is made under subsection 115(2) of the BSA.

 

Section 4 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 of the Notice repeals clause 10.1 of the Schedule to the Principal Notice and substitutes it with a new clause 10.1. Clause 10.1 of the Schedule to the Principal Notice specifies that international netball matches involving the senior Australian representative team played in Australia or New Zealand are included in the anti-siphoning list.

 

The effect of the amendment is that the international netball matches to be played in Australia between Australia and England on 31 August 2016, and between Australia and New Zealand on 4 September 2016, 9 October 2016 and 12 October 2016, are excluded from the anti-siphoning list. All other international netball matches involving the senior Australian representative team played in Australia or New Zealand will continue to be specified in clause 10.1 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. 9 of 2016) (the Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to exclude from the Principal Notice four international netball matches to be played in Australia involving the senior Australian representative team.

 

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 international netball 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 international netball matches.

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2016) was enacted to amend the Broadcasting Services (Events) Notice (No. 1) 2010 under the Broadcasting Services Act 1992. The principal objective of the Act is to ensure that certain events are televised free to the Australian public, thereby protecting the public's access to significant events. The 2016 Amendment was introduced to address the need for greater flexibility in the free-to-air television coverage of specific international netball matches, enhancing the viewing experience for Australian audiences. This legislative instrument was issued by the Minister for Communications in accordance with the authority granted under subsection 115(2) of the Broadcasting Services Act 1992. The purpose of the amendment is to remove four particular international netball matches from the anti-siphoning list, allowing the free-to-air broadcasters with the rights to these events to premiere coverage on digital multichannels. This change provides broadcasters with the flexibility needed to enhance live coverage, ultimately benefiting Australian viewers by offering more comprehensive event coverage.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2016) applies to events specified under the Broadcasting Services Act 1992, specifically those that are or should be televised free to the general public. This Notice, made by the Minister for Communications, aims to modify the existing anti-siphoning list by removing certain international netball matches from the list to allow for their premiere on free-to-air television digital multichannels. The amendment allows the free-to-air broadcaster, Network Ten and its affiliates, to offer greater flexibility in the coverage of these netball matches, thereby enhancing the viewing experience for Australian audiences. This legislative instrument operates under the authority granted by subsection 115(2) of the Broadcasting Services Act 1992, which permits the Minister to amend notices specifying anti-siphoning events. The Notice takes effect on the date of its registration on the Federal Register of Legislation and applies across the Commonwealth of Australia, ensuring a consistent approach to the broadcasting of specified events nationwide.

Key Provisions

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 9 of 2016) amends the anti-siphoning list by removing certain international netball matches from the list. Specifically, the four netball matches to be played in Australia on 31 August 2016, 4 September 2016, 9 October 2016, and 12 October 2016, involving the senior Australian representative team, are excluded from the anti-siphoning list (section 4). This amendment provides greater flexibility for Network Ten, the free-to-air broadcaster holding the broadcast rights, to premiere coverage of these events on a digital multichannel. The Notice imposes obligations on Network Ten and other relevant broadcasters. For Network Ten, the removal of these matches from the anti-siphoning list allows them to schedule coverage of these events on a digital multichannel without violating the anti-siphoning provisions that otherwise restrict free-to-air broadcasters from showing such events before they are broadcast on the main channels. The obligation is to ensure that the removed events are not shown on their standard or high-definition digital channels without first being shown or simulcast on their main channel. The Notice does not impose direct obligations on other broadcasters but affects them indirectly by removing specific events from the anti-siphoning list. There are no specific offences or penalties outlined in the Notice itself, as it is a notice under the Broadcasting Services Act 1992 (BSA). However, broadcasters who fail to comply with the anti-siphoning provisions of the BSA could face enforcement actions by the Australian Communications and Media Authority (ACMA). Penalties for breaching anti-siphoning provisions can include fines, public reprimands, and other enforcement measures as stipulated in the BSA. The BSA allows for substantial penalties, including fines of up to $22,200 for corporations and $4,440 for individuals for each offence, as per the provisions in the Act.

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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.