Broadcasting Services Act 1992

The Minister may, by legislative instrument (the anti‑siphoning list), specify an event, or events of a kind, the televising of which should, in the opinion of the Minister, be available free to the general public.

An instrument made under this subsection can be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.

An event specified in the anti‑siphoning list is taken to be removed from the list 4,368 hours before the start of the event (the delisting time), unless:

the Minister, by legislative instrument, declares that the event continues to be specified in the list; and

does so before the delisting time.

The Minister may make a declaration under subsection (2) only if the Minister is satisfied that at least one commercial television broadcasting licensee or national broadcaster has not had a reasonable opportunity to acquire the right to televise the event concerned.

An event specified in the anti‑siphoning list is taken to be removed from the list 168 hours after the end of the event (the delisting time), unless:

the Minister, by legislative instrument, declares that the event continues to be specified in the list after the delisting time; and

does so before the delisting time.

The Minister may, by legislative instrument, amend the anti‑siphoning list to remove an event if, in the Minister’s opinion, it is appropriate in all the circumstances.

The following are examples of situations in which the Minister might exercise the power to remove an event from the anti‑siphoning list:

The national broadcasters and commercial television broadcasting licensees have had a real opportunity to acquire the right to televise an event, but none of them has acquired the right within a reasonable time. The Minister is of the opinion that removing the event from the list is likely to have the effect that the event will be televised to a greater extent than if it remained in the list;

A commercial television broadcasting licensee has acquired the right to televise an event, but has failed to televise the event or has televised only an unreasonably small proportion of the event. The Minister is of the opinion that removing that event, or another event, from the list is likely to have the effect that the removed event will be televised to a greater extent than it would be if it remained in the list.