Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a licensee provides a subscription TV drama service; and
(b) 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:
(c) the part - channel provider's new eligible drama expenditure in relation to the subscription TV drama service; and
(d) 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.
(2) 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.
(2A) 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.
(3) Division 3 of Part 10 (which deals with breaches of conditions) does not apply to the condition set out in subsection (1).
Note: 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.