10% minimum eligible drama expenditure—part‑channel provider supplies package of programs
103U 10% minimum eligible drama expenditure—part‑channel provider supplies package of programs
If:
a licensee provides a subscription TV drama service; and
a person is a part‑channel provider in relation to the subscription TV drama service because the person supplies a package of programs;
it is a condition of the licence that, for each financial year of operation, the sum of:
the part‑channel provider’s new eligible drama expenditure in relation to the subscription TV drama service; and
the part‑channel provider’s carry‑forward eligible drama expenditure in relation to the subscription TV drama service;
equals or exceeds 10% of the part‑channel provider’s total program expenditure in relation to the package of programs.
In this section:
part‑channel provider’s carry‑forward eligible drama expenditure, in relation to the subscription TV drama service, means the part‑channel provider’s carry‑forward eligible drama expenditure (within the meaning of subsection 103UA(2)) for the financial year.
part‑channel provider’s new eligible drama expenditure, in relation to the subscription TV drama service, means so much of the total expenditure incurred by the part‑channel provider during the financial year on new eligible drama programs as the part‑channel provider nominates for the purposes of the application of subsection (1) in relation to the subscription TV drama service.
part‑channel provider’s total program expenditure, in relation to the package of programs, means the total expenditure incurred by the part‑channel provider during the financial year on the program material that is included, or available to be included, in the package of programs.
The part‑channel provider is not entitled to nominate, under the definition of part‑channel provider’s new eligible drama expenditure in subsection (2), so much of the designated script development expenditure incurred by the part‑channel provider during the financial year as exceeds 10% of the part‑channel provider’s new eligible drama expenditure in relation to the subscription TV drama service.
Division 3 of Part 10 (which deals with breaches of conditions) does not apply to the condition set out in subsection (1).
If the sum of the part‑channel provider’s new eligible drama expenditure and the part‑channel provider’s carry‑forward eligible drama expenditure is less than 10% of the part‑channel provider’s total program expenditure, the shortfall will have to be made up in the next financial year—see sections 103V and 103W.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.