Document ID: chunk:federal_register_of_legislation:C2004A00587:clause:1_103u
Version: federal_register_of_legislation:C2004A00587
Segment Type: clause
Provision Reference: sch 1 cl 103U
Character Range: 30003–31674

103U  10% minimum eligible drama expenditure—part‑channel provider supplies package of programs

 (1) If:
 (a) a licensee provides a 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;
it is a condition of the licence that, for each financial year of operation, the part‑channel provider's new eligible drama expenditure in relation to the subscription TV drama service equals or exceeds 10% of the part‑channel provider's total program expenditure in relation to the package of programs.

 (2) In this section:

part‑channel provider's new eligible drama expenditure, in relation to the subscription TV drama service, means so much of the total expenditure incurred by the part‑channel provider during the financial year on new eligible drama programs as the part‑channel provider nominates for the purposes of the application of subsection (1) in relation to the subscription TV drama service.

part‑channel provider's total program expenditure, in relation to the package of programs, means the total expenditure incurred by the part‑channel provider during the financial year on the program material that is included, or available to be included, in the package of programs.

 (3) Division 3 of Part 10 (which deals with breaches of conditions) does not apply to the condition set out in subsection (1).

Note: If the part‑channel provider's new eligible drama expenditure is less than 10% of the part‑channel provider's total program expenditure, the shortfall will have to be made up in the next financial year—see sections 103V and 103W.