Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 103ZE

Channel provider

             (1)  If:

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

                     (b)  a person is a channel provider in relation to the subscription TV drama service because the person supplies a channel; and

                     (c)  60 days pass after the end of a particular financial year of operation;

then, as soon as practicable, the ACMA must:

                     (d)  give the licensee a written certificate stating:

                              (i)  whether the amount worked out under subsection (1A) fell short of 10% of the channel provider's total program expenditure (within the meaning of section 103N) in relation to the channel for the financial year; and

                             (ii)  if so, that an amount specified in the certificate is the amount of the shortfall; and

                     (e)  give the channel provider a copy of that certificate.

          (1A)  For the purposes of subparagraph (1)(d)(i), the amount is the sum of:

                     (a)  the channel provider's new eligible drama expenditure (within the meaning of section 103N) in relation to the subscription TV drama service for the financial year; and

                     (b)  the channel provider's carry‑forward eligible drama expenditure (within the meaning of section 103N) in relation to the subscription TV drama service for the financial year.

Pass‑through provider

             (2)  If:

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

                     (b)  a person is a pass‑through provider in relation to the subscription TV drama service because the person supplies a channel; and

                     (c)  60 days pass after the end of a particular financial year of operation;

then, as soon as practicable, the ACMA must give the licensee a written certificate stating:

                     (d)  whether the sum of:

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

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

                            fell short of 10% of the licensee's total program expenditure (within the meaning of section 103R) in relation to the channel for the financial year; and

                     (e)  if so, that an amount specified in the certificate is the amount of the shortfall.

Part‑channel provider

             (3)  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; and

                     (c)  60 days pass after the end of a particular financial year of operation;

then, as soon as practicable, the ACMA must:

                     (d)  give the licensee a written certificate stating:

                              (i)  whether the amount worked out under subsection (3A) fell short of 10% of the part‑channel provider's total program expenditure (within the meaning of section 103U) in relation to the package of programs for the financial year; and

                             (ii)  if so, that an amount specified in the certificate is the amount of the shortfall; and

                     (e)  give the part‑channel provider a copy of that certificate.

          (3A)  For the purposes of subparagraph (3)(d)(i), the amount is the sum of:

                     (a)  the part‑channel provider's new eligible drama expenditure (within the meaning of section 103U) in relation to the subscription TV drama service for the financial year; and

                     (b)  the part‑channel provider's carry‑forward eligible drama expenditure (within the meaning of section 103U) in relation to the subscription TV drama service for the financial year.

Part‑pass‑through provider

             (4)  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)  60 days pass after the end of a particular financial year of operation;

then, as soon as practicable, the ACMA must give the licensee a written certificate stating:

                     (d)  whether 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 the financial 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 financial 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 financial year; and

                     (e)  if so, that an amount specified in the certificate is the amount of the shortfall.

Note:          For the evidentiary effect of a compliance certificate, see section 103ZF.