Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a licensee provides a subscription TV drama service; and
(b) some, but not all, of the program material that is televised by the licensee on the subscription TV drama service consists of program material included in a package of programs supplied to the licensee by:
(i) a part - channel provider; or
(ii) a part - pass - through provider;
in relation to the subscription TV drama service; and
(c) the remainder of the program material that is televised by the licensee on the subscription TV drama service consists predominantly of drama programs;
it is a condition of the licence that, for each financial year of operation, the sum of:
(d) the licensee's new eligible drama expenditure in relation to the subscription TV drama service; and
(e) the licensee's carry - forward eligible drama expenditure in relation to the subscription TV drama service;
equals or exceeds 10% of the licensee's total program expenditure in relation to the subscription TV drama service.
(2) In this section:
"licensee's carry-forward eligible drama expenditure" , in relation to the subscription TV drama service, means the licensee's carry - forward eligible drama expenditure (within the meaning of subsection 103ZAA(2)) for the financial year.
"licensee's new eligible drama expenditure" , in relation to the subscription TV drama service, means so much of the total expenditure incurred by the licensee during the financial year on new eligible drama programs not included in that package as the licensee nominates for the purposes of the application of subsection (1) in relation to the subscription TV drama service.
"licensee's total program expenditure" , in relation to the subscription TV drama service, means the total expenditure incurred by the licensee during the financial year on program material that is:
(a) not included in that package; and
(b) for televising, or available for televising, by the licensee on the subscription TV drama service.
(3) The licensee is not entitled to nominate, under the definition of licensee's new eligible drama expenditure in subsection (2), so much of the designated script development expenditure incurred by the licensee during the financial year as exceeds 10% of the licensee's new eligible drama expenditure in relation to the subscription TV drama service.