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BROADCASTING SERVICES ACT 1992 - SECT 103B

Definitions

    In this Division:

"acquiring" , in relation to a drama program, includes acquiring rights in relation to the program.

"Australian Content Standard" means:

  (a)   the Broadcasting Services (Australian Content) Standard 2005 as in force from time to time; or

  (b)   if the standard mentioned in paragraph   (a) is not in force, but there is in force another standard that is a successor (whether immediate or not) to the standard mentioned in paragraph   (a)--that other standard as in force from time to time.

"carry-forward eligible drama expenditure provision" means:

  (a)   subsection   103NA(2); or

  (b)   subsection   103RA(2); or

  (c)   subsection   103TA(2); or

  (d)   subsection   103UA(2); or

  (e)   subsection   103XA(2); or

  (f)   subsection   103ZAA(2).

"channel" means a continuous stream of programs.

"channel provider" has the meaning given by section   103C.

"designated script development expenditure" , in relation to a program, means expenditure incurred in developing the screenplay or a script outline for the program, where:

  (a)   the program is a drama program; and

  (b)   the expenditure is incurred by a person (the first person ) under a contract with another person who is not a director, officer or employee of the first person; and

  (c)   the writer, or each of the writers, involved in developing the screenplay or script outline is:

  (i)   a citizen or permanent resident of Australia; or

  (ii)   a citizen or permanent resident of New Zealand; and

  (d)   the producer of the program is:

  (i)   a citizen or permanent resident of Australia; or

  (ii)   a citizen or permanent resident of New Zealand; and

  (e)   the expenditure is paid before the commencement of principal photography for the program; and

  (f)   the expenditure is paid on or after 1   January 2006.

For the purposes of paragraph   (d), producer has the same meaning as in the Australian Content Standard.

"drama program" means:

  (a)   a program that has a fully scripted screenplay in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure; or

  (b)   a program that has:

  (i)   a partially scripted screenplay in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure; and

  (ii)   actors delivering improvised dialogue that is based on a script outline or outlines developed by a writer or writers; or

  (c)   a program that has actors delivering improvised dialogue that is based on a script outline or outlines:

  (i)   developed by a writer or writers; and

  (ii)   in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure;

and includes:

  (d)   a fully scripted sketch comedy program; and

  (e)   an animated drama; and

  (f)   a dramatised documentary;

but does not include:

  (g)   a program that involves the incidental use of actors; or

  (h)   advertising or sponsorship matter (whether or not of a commercial kind).

"eligible drama program" means:

  (a)   a drama program that is an Australian program (within the meaning of the Australian Content Standard); or

  (b)   a drama program that is an Australian/New Zealand program (within the meaning of the Australian Content Standard); or

  (c)   a drama program that is a New Zealand program (within the meaning of the Australian Content Standard); or

  (d)   a drama program that is an Australian official co - production (within the meaning of the Australian Content Standard).

"expenditure" , in relation to a program or program material, means:

  (a)   expenditure incurred in acquiring the program or program material; or

  (b)   expenditure incurred in producing the program or program material; or

  (c)   pre - production expenditure incurred in relation to the program or program material; or

  (d)   expenditure incurred by way of the making of an investment in the program or program material;

and includes nil expenditure.

Note:   Section   103H sets out a special rule for non - designated pre - production expenditure.

"financial year" means:

  (a)   the financial year beginning on 1   July 1999; or

  (b)   a later financial year.

"incidental matter" means:

  (a)   advertising or sponsorship matter (whether or not of a commercial kind); or

  (b)   a program promotion; or

  (c)   an announcement; or

  (d)   a hosting; or

  (e)   any other interstitial program.

"licensee" means a subscription television broadcasting licensee.

"new" , in relation to an eligible drama program, has the meaning given by section   103K.

"non-designated pre-production expenditure" means pre - production expenditure other than designated script development expenditure.

"part-channel provider" has the meaning given by section   103D.

"part-pass-through provider" has the meaning given by section   103F.

"pass-through provider" has the meaning given by section   103E.

"pre-production expenditure" , in relation to a program or program material, means:

  (a)   expenditure incurred in developing the screenplay or a script outline for the program or program material; or

  (b)   any other expenditure incurred by way of pre - production costs for the program or program material.

"program material" does not include advertising or sponsorship matter (whether or not of a commercial kind).

"subscription TV drama service" means a subscription television broadcasting service devoted predominantly to drama programs.


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