Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) a licensee (the first licensee ) provides a subscription TV drama service (the first subscription TV drama service ); and
(b) a person is a part - channel provider in relation to the first subscription TV drama service because the person supplies a package of programs (the first package of programs ); and
(c) the part - channel provider supplies the same or a substantially similar package of programs to one or more other licensees (the additional licensees ) in circumstances where, apart from any breaks for the purposes of the transmission of incidental matter, the same or substantially similar package of programs supplied by the part - channel provider is televised by the additional licensees on subscription TV drama services (the additional subscription TV drama services ); and
(d) the sum of:
(i) the part - channel provider's new eligible drama expenditure (within the meaning of section 103U) in relation to the first subscription TV drama service for a particular financial year (the shortfall year ); and
(ii) the part - channel provider's carry - forward eligible drama expenditure (within the meaning of section 103U) in relation to the first subscription TV drama service for the shortfall year;
is less than 10% of the part - channel provider's total program expenditure (within the meaning of section 103U) in relation to the first package of programs for the shortfall year.
Shortfall amount to be made up next financial year
(2) It is a condition of the first licensee's licence that, for the next financial year (the make - up year ):
(a) the part - channel provider's make - up expenditure is equal to the shortfall amount; or
(b) the first licensee's make - up expenditure is equal to the first licensee's subscriber percentage of the shortfall amount; or
(c) if the part - channel provider's make - up expenditure is less than the shortfall amount--the first licensee's make - up expenditure is equal to the first licensee's subscriber percentage of the difference between the shortfall amount and the part - channel provider's make - up expenditure.
(3) In this section:
"first licensee's make-up expenditure" means so much of the total expenditure incurred by the first licensee during the make - up year on new eligible drama programs not included, or available to be included, in the first package of programs as the first licensee nominates for the purposes of the application of subsection (2) in relation to the first subscription TV drama service.
"first licensee's subscriber percentage" means the percentage worked out using the following formula:
"monthly subscriber number" , for a subscription TV drama service for a particular month, means the number worked out using the following formula:
"part-channel provider's make-up expenditure" means so much of the total expenditure incurred by the part - channel provider during the make - up year on new eligible drama programs as the part - channel provider nominates for the purposes of the application of subsection (2) in relation to the first subscription TV drama service.
"shortfall amount" means the amount by which the sum of:
(a) the part - channel provider's new eligible drama expenditure (within the meaning of section 103U) in relation to the first subscription TV drama service for the shortfall year; and
(b) the part - channel provider's carry - forward eligible drama expenditure (within the meaning of section 103U) in relation to the first TV drama service for the shortfall year;
fell short of 10% of the part - channel provider's total program expenditure (within the meaning of section 103U) in relation to the first package of programs for the shortfall year.
"subscribers of additional licensees" means the sum of the monthly subscriber numbers for the additional subscription TV drama services for each month of operation during the shortfall year.
"subscribers of first licensee" means the sum of the monthly subscriber numbers for the first subscription TV drama service for each month of operation during the shortfall year.