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BROADCASTING SERVICES ACT 1992 - SECT 103Y

Shortfall of eligible drama expenditure--part-pass-through provider supplies package of programs

             (1)  This section applies if:

                     (a)  a licensee provides a subscription TV drama service; and

                     (b)  a person is a part-pass-through provider in relation to the subscription TV drama service because the person supplies a package of programs; and

                     (c)  the sum of

                              (i)  the licensee's new eligible drama expenditure (within the meaning of section 103X) in relation to the subscription TV drama service for a particular financial year (the shortfall year ); and

                             (ii)  the licensee's carry-forward eligible drama expenditure (within the meaning of section 103X) in relation to the subscription TV drama service for the shortfall year;

                            is less than 10% of the licensee's total program expenditure (within the meaning of section 103X) in relation to the package of programs for the shortfall year.

Shortfall amount to be made up next financial year

             (2)  It is a condition of the licensee's licence that, for the next financial year (the make-up year ), the licensee's make-up expenditure is equal to the shortfall amount.

Definitions

             (3)  In this section:

"licensee's make-up expenditure" , in relation to the subscription TV drama service, means the sum of:

                     (a)  so much of the total expenditure incurred by the licensee during the make-up year on new eligible drama programs as the licensee nominates for the purposes of the application of subsection (2) in relation to the subscription TV drama service; and

                     (b)  so much of the total expenditure incurred by the part-pass-through provider during the make-up year on new eligible drama programs as the licensee nominates for the purposes of the application of subsection (2) in relation to the subscription TV drama service.

"shortfall amount" means the amount by which the sum of:

                     (a)  the licensee's new eligible drama expenditure (within the meaning of section 103X) in relation to the subscription TV drama service for the shortfall year; and

                     (b)  the licensee's carry-forward eligible drama expenditure (within the meaning of section 103X) in relation to the subscription TV drama service for the shortfall year;

fell short of 10% of the licensee's total program expenditure (within the meaning of section 103X) in relation to the package of programs for the shortfall year.

Double counting

             (4)  If:

                     (a)  the licensee nominates the whole or a part of particular expenditure under paragraph (a) of the definition of licensee's make-up expenditure in subsection (3); and

                     (b)  the whole or part, as the case may be, of the expenditure is attributable to a new eligible drama program on which expenditure was incurred by the part-pass-through provider;

that new eligible drama program is to be disregarded in determining the expenditure that may be nominated by the licensee under paragraph (b) of that definition.



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