Document ID: chunk:federal_register_of_legislation:C2004A00587:clause:1_103zm
Version: federal_register_of_legislation:C2004A00587
Segment Type: clause
Provision Reference: sch 1 cl 103ZM
Character Range: 55577–57294

103ZM  Licensee supplies all program material during 1999‑2000—shortfall to be made up during 2000‑2001

 (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 the financial year beginning on 1 July 1999 (the shortfall year) is less than 10% of the licensee's total program expenditure (within the meaning of section 103T) in relation to the subscription TV drama service for the shortfall year.

Shortfall amount to be made up next financial year

 (2) It is a condition of the licence that, for the financial year beginning on 1 July 2000 (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 means 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.

shortfall amount means the amount by which the licensee's new eligible drama expenditure (within the meaning of section 103T) 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 103T) in relation to the subscription TV drama service for the shortfall year.