subscribers of first licensee means the sum of the monthly subscriber numbers for the first subscription TV drama service for each month of operation during the shortfall year.
103R 10% minimum eligible drama expenditure—pass‑through provider supplies channel
(1) 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;
it is a condition of the licence that, for each financial year of operation, the sum of:
(c) the licensee’s new eligible drama expenditure in relation to the subscription TV drama service; and
(d) the licensee’s carry‑forward eligible drama expenditure in relation to the subscription TV drama service;
equals or exceeds 10% of the licensee’s total program expenditure in relation to the channel.
(2) In this section:
licensee’s carry‑forward eligible drama expenditure, in relation to the subscription TV drama service, means the licensee’s carry‑forward eligible drama expenditure (within the meaning of subsection 103RA(2)) for the financial year.
licensee’s new eligible drama 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 financial year on new eligible drama programs as the licensee nominates for the purposes of the application of subsection (1) in relation to the subscription TV drama service; and
(b) so much of the total expenditure incurred by the pass‑through provider during the financial year on new eligible drama programs as the licensee nominates for the purposes of the application of subsection (1) in relation to the subscription TV drama service.
licensee’s total program expenditure, in relation to the channel, means the total expenditure incurred by the licensee during the financial year in respect of the supply by the pass‑through provider of the channel.
(2A) The licensee is not entitled to nominate, under the definition of licensee’s new eligible drama expenditure in subsection (2), so much of the designated script development expenditure incurred by the licensee and/or the pass‑through provider during the financial year as exceeds 10% of the licensee’s new eligible drama expenditure in relation to the subscription TV drama service.
(3) If:
(a) the licensee nominates the whole or a part of particular expenditure under paragraph (a) of the definition of licensee’s new eligible drama expenditure in subsection (2); 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 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.
(4) 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 licensee’s new eligible drama expenditure and the licensee’s carry‑forward eligible drama expenditure is less than 10% of the licensee’s total program expenditure, the shortfall will have to be made up in the next financial year—see section 103S.
103RA Carry‑forward eligible drama expenditure
(1) This section applies 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) the licensee’s new eligible drama expenditure (within the meaning of section 103R) in relation to the subscription TV drama service for a financial year exceeds 10% of the licensee’s total program expenditure (within the meaning of section 103R) in relation to the channel for the financial year.
(2) For the purposes of section 103R, the licensee’s carry‑forward eligible drama expenditure in relation to the subscription TV drama service for the next following financial year is so much of the excess expenditure as the licensee nominates for the purposes of the application of this subsection in relation to the subscription TV drama service.
(3) Paragraph (1)(c) does not apply to so much of the licensee’s new eligible drama expenditure (within the meaning of section 103R) in relation to the subscription TV drama service as was incurred before 1 January 2006.
103S Shortfall of eligible drama expenditure—pass‑through provider supplies channel
(1) This section applies 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) 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 a particular financial year (the shortfall 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 shortfall year;
is less than 10% of the licensee’s total program expenditure (within the meaning of section 103R) in relation to the channel 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 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 103R) 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 103R) 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 103R) in relation to the channel 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 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.
Subdivision D—Licensee supplies all program material
103T 10% minimum eligible drama expenditure—licensee supplies all program material
(1) If:
(a) a licensee provides a subscription TV drama service; and
(b) there is none of the following:
(i) a channel provider;
(ii) a pass‑through provider;
(iii) a part‑channel provider;
(iv) a part‑pass‑through provider;
in relation to the subscription TV drama service;
it is a condition of the licence that, for each financial year of operation, the sum of:
(c) the licensee’s new eligible drama expenditure in relation to the subscription TV drama service; and
(d) the licensee’s carry‑forward eligible drama expenditure in relation to the subscription TV drama service;
equals or exceeds 10% of the licensee’s total program expenditure in relation to the subscription TV drama service.
(2) In this section:
licensee’s carry‑forward eligible drama expenditure, in relation to the subscription TV drama service, means the licensee’s carry‑forward eligible drama expenditure (within the meaning of subsection 103TA(2)) for the financial year.
licensee’s new eligible drama expenditure, in relation to the subscription TV drama service, means so much of the total expenditure incurred by the licensee during the financial year on new eligible drama programs as the licensee nominates for the purposes of the application of subsection (1) in relation to the subscription TV drama service.
licensee’s total program expenditure, in relation to the subscription TV drama service, means the total expenditure incurred by the licensee during the financial year on program material that is for televising, or available for televising, by the licensee on the subscription TV drama service.
(3) The licensee is not entitled to nominate, under the definition of licensee’s new eligible drama expenditure in subsection (2), so much of the designated script development expenditure incurred by the licensee during the financial year as exceeds 10% of the licensee’s new eligible drama expenditure in relation to the subscription TV drama service.
103TA Carry‑forward eligible drama expenditure
(1) This section applies if:
(a) a licensee provides a subscription TV drama service; and
(b) there is none of the following:
(i) a channel provider;
(ii) a pass‑through provider;
(iii) a part‑channel provider;
(iv) a part‑pass‑through provider;
in relation to the subscription TV drama service; and
(c) the licensee’s new eligible drama expenditure (within the meaning of section 103T) in relation to the subscription TV drama service for a financial year exceeds 10% of the licensee’s total program expenditure (within the meaning of section 103T) in relation to the subscription TV drama service for the financial year.
(2) For the purposes of section 103T, the licensee’s carry‑forward eligible drama expenditure in relation to the subscription TV drama service for the next following financial year is so much of the excess expenditure as the licensee nominates for the purposes of the application of this subsection in relation to the subscription TV drama service.
(3) Paragraph (1)(c) does not apply to so much of the licensee’s new eligible drama expenditure (within the meaning of section 103T) in relation to the subscription TV drama service as was incurred before 1 January 2006.
Subdivision E—Part‑channel provider supplies package of programs
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.
103UA Carry‑forward eligible drama expenditure
(1) This section applies 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) the part‑channel provider’s new eligible drama expenditure (within the meaning of section 103U) in relation to the subscription TV drama service for a financial year exceeds 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.
(2) For the purposes of section 103U, the part‑channel provider’s carry‑forward eligible drama expenditure in relation to the subscription TV drama service for the next following financial year is so much of the excess expenditure as the part‑channel provider nominates for the purposes of the application of this subsection in relation to the subscription TV drama service.
(3) Paragraph (1)(c) does not apply to so much of the part‑channel provider’s new eligible drama expenditure (within the meaning of section 103U) in relation to the subscription TV drama service as was incurred before 1 January 2006.
103V Shortfall of eligible drama expenditure—part‑channel provider supplies a package of programs exclusively to licensee
(1) This section applies if:
(a) a licensee (the first licensee) provides a subscription TV drama service (the first 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 (the first package of programs); and
(c) it is not the case that the part‑channel provider supplies the same or a substantially similar package of programs to another licensee in circumstances where, apart from any breaks for the purposes of the transmission of incidental matter, the same or substantially similar package of programs supplied by the part‑channel provider is televised by the other licensee on another subscription TV drama service; and
(d) the sum of:
(i) the part‑channel provider’s new eligible drama expenditure (within the meaning of section 103U) in relation to the first subscription TV drama service for a particular financial year (the shortfall year); and
(ii) the part‑channel provider’s carry‑forward eligible drama expenditure (within the meaning of section 103U) in relation to the first subscription TV drama service for the shortfall year;
is less than 10% of the part‑channel provider’s total program expenditure (within the meaning of section 103U) in relation to the first package of programs for the shortfall year.
Shortfall amount to be made up next financial year
(2) It is a condition of the first licensee’s licence that, for the next financial year (the make‑up year):
(a) the part‑channel provider’s make‑up expenditure is equal to the shortfall amount; or
(b) the first licensee’s make‑up expenditure is equal to the shortfall amount; or
(c) the sum of:
(i) the part‑channel provider’s make‑up expenditure; and
(ii) the first licensee’s make‑up expenditure;
is equal to the shortfall amount.
Definitions
(3) In this section:
first licensee’s make‑up expenditure means so much of the total expenditure incurred by the first licensee during the make‑up year on new eligible drama programs not included, or available to be included, in the first package of programs as the first licensee nominates for the purposes of the application of subsection (2) in relation to the first subscription TV drama service.
part‑channel provider’s make‑up expenditure means so much of the total expenditure incurred by the part‑channel provider during the make‑up year on new eligible drama programs as the part‑channel provider nominates for the purposes of the application of subsection (2) in relation to the first subscription TV drama service.
shortfall amount means the amount by which the sum of:
(a) the part‑channel provider’s new eligible drama expenditure (within the meaning of section 103U) in relation to the first subscription TV drama service for the shortfall year; and
(b) the part‑channel provider’s carry‑forward eligible drama expenditure (within the meaning of section 103U) in relation to the first TV drama service for the shortfall year;
fell short of 10% of the part‑channel provider’s total program expenditure (within the meaning of section 103U) in relation to the first package of programs for the shortfall year.
103W Shortfall of eligible drama expenditure—part‑channel provider supplies a package of programs to multiple licensees