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BROADCASTING SERVICES ACT 1992 - SECT 103B

Definitions

                   In 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.



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