6Interpretation

6 Interpretation

Note: A number of expressions used in this instrument are defined in section 995-1 of the Act, including the following:

(a) ABN;
(b) accounting standards;
(c) arm’s length;
(d) arrangement;
(e) Arts Minister;
(f) associate;
(g) Australian resident;
(h) company;
(i) completed;
(j) film;
(k) permanent establishment;
(l) production expenditure;
(m) qualifying Australian production expenditure;
(n) tax offset.

(1) In this instrument:

Act means the Income Tax Assessment Act 1997.

application for a certificate for the PDV offset means an application made under subsection 376‑230(2) of the Act.

Arts Department means the Department administered by the Arts Minister.

Board has the meaning given by rule 7 of the Film Certification Advisory Board Rules 2018.

certificate for the PDV offset means a certificate issued by the Arts Minister under section 376‑45 of the Act.

estimated qualifying Australian production expenditure means an amount worked out having regard to the matters in Subdivision 376‑C of the Act.

independent line producer means a person who, in the Board’s opinion:

(a) has recent relevant experience in film production management; and
(b) is independent of the company in relation to whom he or she is asked, under subrule 11(3) or 21(3), to provide a report.

PDV offset means the tax offset mentioned in subsection 376‑35(1) of the Act.

provisional certificate means a certificate issued by the Board under rule 15.

registered company auditor has the meaning given by section 9 of the Corporations Act 2001.

related body corporate has the meaning given by section 9 of the Corporations Act 2001.

(2) For the purposes of this instrument, if a company (the incoming company) takes over the post, digital and visual effects production for a film from another company (the outgoing company): (a) any of the activities that constitute post, digital and visual effects production for the film and that were carried out by the outgoing company are taken to have been carried out by the incoming company in relation to the film; and (b) any arrangements made, by the outgoing company, for the purposes of post, digital and visual effects production for the film are taken to have been made by the incoming company in relation to the film.