Document ID: chunk:federal_register_of_legislation:C2011C00519:clause:10_1:p8
Version: federal_register_of_legislation:C2011C00519
Segment Type: clause
Provision Reference: sch 10 cl 1 (pt 8/13)
Character Range: 195607–198262

(a) the *film was produced for:
 (i) exhibition to the public in cinemas or by way of television broadcasting (including broadcasting by way of the delivery of a television program by a broadcasting service within the meaning of the Broadcasting Services Act 1992); or
 (ii) distribution to the public as a video recording (whether on video tapes, digital video disks or otherwise); and
 (b) the film is:
 (i) a *feature film or a film of a like nature; or
 (ii) a mini‑series of television drama; or
 (iii) a television series that is not covered by subparagraph (i) or (ii); and
 (c) the film is not, or is not to a substantial extent:
 (i) if the film is covered by subparagraph (b)(i) or (ii)—a documentary; or
 (ii) a film for exhibition as an advertising program or a commercial; or
 (iii) a film for exhibition as a discussion program, a quiz program, a panel program, a variety program or a program of a like nature; or
 (iv) a film of a public event; or
 (v) if the film is covered by subparagraph (b)(i) or (ii)—a film forming part of a drama program series that is, or is intended to be, of a continuing nature; or
 (vi) a training film; or
 (vii) a computer game (within the meaning of the Classification (Publications, Films and Computer Games) Act 1995).

Television series

 (3) The condition in this subsection is that, if the *film is a television series that is not covered by subparagraph (2)(b)(i) or (ii), it is made up of 2 or more episodes that:
 (a) are produced wholly or principally for exhibition to the public on television under a single title; and
 (b) contain a common theme or themes; and
 (c) contain dramatic elements that form a narrative structure; and
 (d) are produced wholly or principally for exhibition together, for a national market or national markets.

Note: A documentary can be a television series.

 (4) To avoid doubt, and without limiting paragraph (3)(c), a *film satisfies the requirement in that paragraph if:
 (a) the sole or dominant purpose of the film is to depict actual events, people or situations; and
 (b) the film depicts those events, people or situations in a dramatic or entertaining way, with a heavy emphasis on dramatic impact or entertainment value.

Conditions relating to expenditure thresholds

 (5) The conditions of this subsection are that:
 (a) the total of the company's *qualifying Australian production expenditure on the *film (as determined by the *Arts Minister under section 376‑50), to the extent that it relates to *post, digital and visual effects production for the film, is at least $5 million; and
 (b) the company either carried out, or made the arrangements for