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BROADCASTING SERVICES ACT 1992 - SECT 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.


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