Document ID: chunk:federal_register_of_legislation:C2004A00587:clause:1_103v
Version: federal_register_of_legislation:C2004A00587
Segment Type: clause
Provision Reference: sch 1 cl 103V
Character Range: 31674–34577

103V  Shortfall of eligible drama expenditure—part‑channel provider supplies a package of programs exclusively to licensee

 (1) This section applies if:
 (a) a licensee (the first licensee) provides a subscription TV drama service (the first subscription TV drama service); and
 (b) a person is a part‑channel provider in relation to the subscription TV drama service because the person supplies a package of programs (the first package of programs); and
 (c) it is not the case that the part‑channel provider supplies the same or a substantially similar package of programs to another licensee in circumstances where, apart from any breaks for the purposes of the transmission of incidental matter, the same or substantially similar package of programs supplied by the part‑channel provider is televised by the other licensee on another subscription TV drama service; and
 (d) the part‑channel provider's new eligible drama expenditure (within the meaning of section 103U) in relation to the first subscription TV drama service for a particular financial year (the shortfall year) is less than 10% of the part‑channel provider's total program expenditure (within the meaning of section 103U) in relation to the first package of programs for the shortfall year.

Shortfall amount to be made up next financial year

 (2) It is a condition of the first licensee's licence that, for the next financial year (the make‑up year):
 (a) the part‑channel provider's make‑up expenditure is equal to the shortfall amount; or
 (b) the first licensee's make‑up expenditure is equal to the shortfall amount; or
 (c) the sum of:
 (i) the part‑channel provider's make‑up expenditure; and
 (ii) the first licensee's make‑up expenditure;
  is equal to the shortfall amount.

Definitions

 (3) In this section:

first licensee's make‑up expenditure means so much of the total expenditure incurred by the first licensee during the make‑up year on new eligible drama programs not included, or available to be included, in the first package of programs as the first licensee nominates for the purposes of the application of subsection (2) in relation to the first subscription TV drama service.

part‑channel provider's make‑up expenditure means so much of the total expenditure incurred by the part‑channel provider during the make‑up year on new eligible drama programs as the part‑channel provider nominates for the purposes of the application of subsection (2) in relation to the first subscription TV drama service.

shortfall amount means the amount by which the part‑channel provider's new eligible drama expenditure (within the meaning of section 103U) in relation to the first subscription TV drama service for the shortfall year fell short of 10% of the part‑channel provider's total program expenditure (within the meaning of section 103U) in relation to the first package of programs for the shortfall year.