Definitions
103B Definitions
In this Division:
acquiring, in relation to a drama program, includes acquiring rights in relation to the program.
Australian Content Standard means:
the Broadcasting Services (Australian Content) Standard 2005 as in force from time to time; or
if the standard mentioned in paragraph (a) is not in force, but there is in force another standard that is a successor (whether immediate or not) to the standard mentioned in paragraph (a)—that other standard as in force from time to time.
carry‑forward eligible drama expenditure provision means:
subsection 103NA(2); or
subsection 103RA(2); or
subsection 103TA(2); or
subsection 103UA(2); or
subsection 103XA(2); or
subsection 103ZAA(2).
channel means a continuous stream of programs.
channel provider has the meaning given by section 103C.
designated script development expenditure, in relation to a program, means expenditure incurred in developing the screenplay or a script outline for the program, where:
the program is a drama program; and
the expenditure is incurred by a person (the first person) under a contract with another person who is not a director, officer or employee of the first person; and
the writer, or each of the writers, involved in developing the screenplay or script outline is:
a citizen or permanent resident of Australia; or
a citizen or permanent resident of New Zealand; and
the producer of the program is:
a citizen or permanent resident of Australia; or
a citizen or permanent resident of New Zealand; and
the expenditure is paid before the commencement of principal photography for the program; and
the expenditure is paid on or after 1 January 2006.
For the purposes of paragraph (d), producer has the same meaning as in the Australian Content Standard.
drama program means:
a program that has a fully scripted screenplay in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure; or
a program that has:
a partially scripted screenplay in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure; and
actors delivering improvised dialogue that is based on a script outline or outlines developed by a writer or writers; or
a program that has actors delivering improvised dialogue that is based on a script outline or outlines:
developed by a writer or writers; and
in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure;
and includes:
a fully scripted sketch comedy program; and
an animated drama; and
a dramatised documentary;
but does not include:
a program that involves the incidental use of actors; or
advertising or sponsorship matter (whether or not of a commercial kind).
eligible drama program means:
a drama program that is an Australian program (within the meaning of the Australian Content Standard); or
a drama program that is an Australian/New Zealand program (within the meaning of the Australian Content Standard); or
a drama program that is a New Zealand program (within the meaning of the Australian Content Standard); or
a drama program that is an Australian official co‑production (within the meaning of the Australian Content Standard).
expenditure, in relation to a program or program material, means:
expenditure incurred in acquiring the program or program material; or
expenditure incurred in producing the program or program material; or
pre‑production expenditure incurred in relation to the program or program material; or
expenditure incurred by way of the making of an investment in the program or program material;
and includes nil expenditure.
Section 103H sets out a special rule for non‑designated pre‑production expenditure.
financial year means:
the financial year beginning on 1 July 1999; or
a later financial year.
incidental matter means:
advertising or sponsorship matter (whether or not of a commercial kind); or
a program promotion; or
an announcement; or
a hosting; or
any other interstitial program.
licensee means a subscription television broadcasting licensee.
new, in relation to an eligible drama program, has the meaning given by section 103K.
non‑designated pre‑production expenditure means pre‑production expenditure other than designated script development expenditure.
part‑channel provider has the meaning given by section 103D.
part‑pass‑through provider has the meaning given by section 103F.
pass‑through provider has the meaning given by section 103E.
pre‑production expenditure, in relation to a program or program material, means:
expenditure incurred in developing the screenplay or a script outline for the program or program material; or
any other expenditure incurred by way of pre‑production costs for the program or program material.
program material does not include advertising or sponsorship matter (whether or not of a commercial kind).
subscription TV drama service means a subscription television broadcasting service devoted predominantly to drama programs.
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