Federal Register of Legislation - Australian Government

Primary content

No. 6 of 2011 Notices & Notifications as made
This Notice amends the Broadcasting Services (Events) Notice (No. 1) 2010 to remove from the current anti-siphoning list the men's and women's singles quarter-finals, semi-finals and finals of the Wimbledon (Lawn Tennis Championships) tennis tournament to be held in 2011.
Administered by: Broadband, Communications and the Digital Economy
Made 25 May 2011
Registered 31 May 2011
Tabled HR 01 Jun 2011
Tabled Senate 15 Jun 2011
Date of repeal 09 Aug 2013
Repealed by Broadband, Communications and the Digital Economy (Spent and Redundant Instruments) Repeal Regulation 2013

Explanatory Statement

 

Broadcasting Services Act 1992

 

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

(Amendment No. 6 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. 6 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 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 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 for subscription television broadcasters 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 the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon (Lawn Tennis Championships) tennis tournament to be held in 2011.

 

The events to be removed are those specified in Item 9.2 of the Schedule to the Principal Notice, as amended by this Notice.

 

2011 Wimbledon

 

The 2011 Wimbledon tournament is a Grand Slam tennis tournament that will be held between 20 June and 3 July 2011 in Wimbledon, London, in the United Kingdom. It will consist of men’s and women’s singles competitions; men’s, women’s and mixed doubles competitions; and various veterans’, juniors’ and wheelchair events.

 

The Principal Notice includes the men’s and women’s singles quarter-finals, semi‑finals and finals of the Wimbledon tournament.

 

This Notice will remove from the Principal Notice the men’s and women’s singles quarter-finals, semi-finals and finals events that will be held as part of the 2011 Wimbledon tournament.

 

This will allow the free-to-air broadcaster that holds the broadcast rights to the 2011 Wimbledon tournament (the Seven Network) to premiere these matches on a digital multi-channel in each relevant television licence area while regularly scheduled programming is broadcast on its main channel. Specifically, the Seven Network intends to provide live coverage of the delisted singles finals matches (quarter-finals through to the finals) on the digital multichannel 7TWO for the first few hours of play from 28 June to 3 July 2011. At 10.30 or 11.00 pm in each licence area (depending on the match), the coverage will switch to the main channel, where live coverage will be provided for the remainder of that day’s play.

 

Removing these events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage and increase live coverage of the 2011 Wimbledon tournament. 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. 6 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 adding an exception at the end of existing Item 9.2 of the Schedule to the Principal Notice.

 

This amendment has the effect of removing the specified events from the Principal Notice. As amended, each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon tournament will remain listed on the Principal Notice (for the purposes of the obligations in Part 4A of Schedule 4 to the BSA), except for the men’s and women’s singles quarter-finals, semi-finals and finals that are held as part of the 2011 Wimbledon tournament.

 

Consultation

 

Consultations were undertaken by the Minister’s office and the Department of Broadband, Communications and the Digital Economy with the Seven Network following the Seven Network’s request to the Minister that the men’s and women’s singles quarter-finals, semi-finals and finals of the 2011 Wimbledon tournament be removed from the anti‑siphoning list. The Seven Network holds the free-to air broadcast rights to the 2011 Wimbledon tournament.

 

Consultations with the Seven Network concerned which events were to be delisted, and how those events would be broadcast by the Seven Network if they were removed from the anti-siphoning list.

 

The Minister’s office also consulted Austar and Foxtel about the Seven Network request.