AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex
Similarly, Cricket Australia currently has broad - casting rights agreements in place with both Seven Network, and Foxtel and Kayo. Interest - ingly, not all cricket shown in Australia will be broadcast on either Seven Network, Foxtel or Kayo, with the International Cricket Council (ICC) striking a deal with Amazon Prime for exclusive rights to show all ICC cricket matches shown in Australia until the end of 2027. This includes the Men’s and Women’s Cricket World Cups, T20 World Cups and World Test Championship Final. Exclusivity of Broadcasting Rights Broadcasting rights in Australia are often obtained on an exclusive basis, meaning that the sale of particular broadcasting rights to a certain television channel or provider often pre - cludes the sale of those same rights to another television company. There are a number of “anti-siphoning” laws in Australia that require certain events (such as the AFL premiership competition) to be made available free of charge to the general public. This means that subscription-based television providers are not able to acquire the exclusive rights to broadcast these sporting events with - out a free-to-air television channel also holding those broadcasting rights. Interestingly, in the case of the AFL Grand Final, the match is only broadcast live on a free-to-air television channel, and available on pay-TV at a later time.
(ie, a sporting event) is being held, no proprietary rights exist in the spectacle itself. Organisers of sporting events must then find different ways to control rights at a particular sporting event. As sporting events are gener - ally held on private property, event organisers have the right to issue admission requirements for attendees. Further, each state and territory in Australia has varying statutory regimes that prohibit unauthorised broadcasting of sporting events. For example, in Victoria, Sections 43 and 44 of the Major Events Act 2009 (Vic) make it a crime to broadcast, telecast, videotape or record a sporting event without prior authorisation from the organisers. Management of Sporting Events Each state and territory in Australia has legis - lated independently on the issue of event organi - sation, management and supervision. In recent years, a number of legislative repeals have been enacted to better protect the interests of event organisers, including in the area of ticket sales and resales, particularly in relation to ticket scalping, as outlined in 2.1 Available Sports- Related Rights . In Australia, a legal person may be held liable for their failure to take reasonable care to avoid causing injury or loss to another person (negli - gence). One of the key requirements in proving that a person has been negligent is to show that the “negligent” person owed a duty of care to the person who was ultimately harmed, or who suffered a loss. Although the tort of negligence and the principle of a duty of care traditionally developed in Aus - tralia by way of the common law, each of the 3.2 Liability Duty of Care
3. Sports Events 3.1 Relationships
The High Court of Australia in the matter of Victoria Park Racing & Recreation Grounds Co Ltd v Taylor [1937] HCA 45 found that, while event organisers may make a profit by charging entrance to a private area in which a spectacle
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