Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 103M

Channel provider and part - channel provider

  (1)   If:

  (a)   either:

  (i)   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

  (ii)   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

  (b)   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:

  (c)   the application of any other provision of this Division (other than a carry - forward eligible drama expenditure provision) in relation to that service; or

  (d)   the application of any provision of this Division in relation to another subscription TV drama service provided by the licensee; or

  (e)   the application of any provision of this Division in relation to another subscription TV drama service provided by another licensee.

  (2)   However, the rule in paragraph   (1)(e):

  (a)   does not apply in relation to a person who is a channel provider if:

  (i)   the person supplies the same or a substantially similar channel to the other licensee; and

  (ii)   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

  (b)   does not apply in relation to a person who is a part - channel provider if:

  (i)   the person supplies the same or a substantially similar package of programs to the other licensee; and

  (ii)   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

  (3)   If:

  (a)   a licensee provides a subscription TV drama service; and

  (b)   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:

  (c)   the application of any other provision of this Division (other than a carry - forward eligible drama expenditure provision) in relation to that service; or

  (d)   the application of any provision of this Division in relation to another subscription TV drama service provided by the licensee.