Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Division:
"acquiring" , in relation to a drama program, includes acquiring rights in relation to the program.
"Australian Content Standard" means:
(a) the Broadcasting Services (Australian Content) Standard 2005 as in force from time to time; or
(b) 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:
(a) subsection 103NA(2); or
(b) subsection 103RA(2); or
(c) subsection 103TA(2); or
(d) subsection 103UA(2); or
(e) subsection 103XA(2); or
(f) 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:
(a) the program is a drama program; and
(b) 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
(c) the writer, or each of the writers, involved in developing the screenplay or script outline is:
(i) a citizen or permanent resident of Australia; or
(ii) a citizen or permanent resident of New Zealand; and
(d) the producer of the program is:
(i) a citizen or permanent resident of Australia; or
(ii) a citizen or permanent resident of New Zealand; and
(e) the expenditure is paid before the commencement of principal photography for the program; and
(f) 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) 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
(b) a program that has:
(i) a partially scripted screenplay in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure; and
(ii) actors delivering improvised dialogue that is based on a script outline or outlines developed by a writer or writers; or
(c) a program that has actors delivering improvised dialogue that is based on a script outline or outlines:
(i) developed by a writer or writers; and
(ii) in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure;
and includes:
(d) a fully scripted sketch comedy program; and
(e) an animated drama; and
(f) a dramatised documentary;
but does not include:
(g) a program that involves the incidental use of actors; or
(h) advertising or sponsorship matter (whether or not of a commercial kind).
"eligible drama program" means:
(a) a drama program that is an Australian program (within the meaning of the Australian Content Standard); or
(b) a drama program that is an Australian/New Zealand program (within the meaning of the Australian Content Standard); or
(c) a drama program that is a New Zealand program (within the meaning of the Australian Content Standard); or
(d) 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:
(a) expenditure incurred in acquiring the program or program material; or
(b) expenditure incurred in producing the program or program material; or
(c) pre - production expenditure incurred in relation to the program or program material; or
(d) expenditure incurred by way of the making of an investment in the program or program material;
and includes nil expenditure.
Note: Section 103H sets out a special rule for non - designated pre - production expenditure.
"financial year" means:
(a) the financial year beginning on 1 July 1999; or
(b) a later financial year.
"incidental matter" means:
(a) advertising or sponsorship matter (whether or not of a commercial kind); or
(b) a program promotion; or
(c) an announcement; or
(d) a hosting; or
(e) 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:
(a) expenditure incurred in developing the screenplay or a script outline for the program or program material; or
(b) 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.