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BROADCASTING SERVICES ACT 1992 - SECT 103U

10% minimum eligible drama expenditure--part - channel provider supplies package of programs

  (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.


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