Expenditure to be nominated only once in meeting licence conditions
103M Expenditure to be nominated only once in meeting licence conditions
Channel provider and part‑channel provider
If:
either:
a person is a channel provider in relation to a subscription TV drama service provided by a licensee because the person supplies a channel; or
a person is a part‑channel provider in relation to a subscription TV drama service provided by a licensee because the person supplies a package of programs; and
the person nominates the whole or a part of particular expenditure for the purposes of the application of a particular provision of this Division in relation to the subscription TV drama service;
the whole or part, as the case may be, of the expenditure must not be nominated by the person for the purposes of:
the application of any other provision of this Division (other than a carry‑forward eligible drama expenditure provision) in relation to that service; or
the application of any provision of this Division in relation to another subscription TV drama service provided by the licensee; or
the application of any provision of this Division in relation to another subscription TV drama service provided by another licensee.
However, the rule in paragraph (1)(e):
does not apply in relation to a person who is a channel provider if:
the person supplies the same or a substantially similar channel to the other licensee; and
apart from any breaks for the purposes of the transmission of incidental matter, the same or a substantially similar channel supplied by the person is televised by the other licensee on the other subscription TV drama service; and
does not apply in relation to a person who is a part‑channel provider if:
the person supplies the same or a substantially similar package of programs to the other licensee; and
apart from any breaks for the purposes of the transmission of incidental matter, the same or a substantially similar package of programs supplied by the person is televised by the other licensee on the other subscription TV drama service.
Licensee
If:
a licensee provides a subscription TV drama service; and
the licensee nominates the whole or a part of particular expenditure for the purposes of the application of a particular provision of this Division in relation to the subscription TV drama service;
the whole or part, as the case may be, of the expenditure must not be nominated by the licensee for the purposes of:
the application of any other provision of this Division (other than a carry‑forward eligible drama expenditure provision) in relation to that service; or
the application of any provision of this Division in relation to another subscription TV drama service provided by the licensee.
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