Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 103U

             (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.