Document ID: chunk:federal_register_of_legislation:F2018L00112:clause:3_24
Version: federal_register_of_legislation:F2018L00112
Segment Type: clause
Provision Reference: sch 3 cl 24
Character Range: 22722–25312

24  Consideration of application for certificate for the producer offset and other information
 (1) In determining whether or not to issue a certificate for the producer offset to the applicant, the film authority:
 (a) may seek information or advice from any person or source; and
 (b) may take into account the knowledge and experience of:
 (i) the members of the board of the film authority; and
 (ii) employees of the film authority; and
 (c) must consider all relevant information, including the following information:
 (i) the application and attached documents;
 (ii) any written report requested by the film authority under subrule (2) and any written submission made by the applicant in response to that report;
 (iii) any additional information provided by the applicant under rule 25;
 (iv) any other relevant information or advice obtained by the film authority.
 (2) Without limiting paragraph (1)(a), the film authority may ask an independent line producer to provide a written report to the film authority about any matter that is relevant to:
 (a) determining whether the applicant either carried out, or made the arrangements for the carrying out of, all the activities that were necessary for the making of the film; or
 (b) whether a condition set out in subsections 376-65(2) to (6) of the Act has been met.
 (3) If a request made under subrule (2) relates to the conditions set out in subsection 376-65(6) of the Act, the report may include advice about any of the following matters:
 (a) whether the applicant's expenditure statement is commercially reasonable;
 (b) whether specific items claimed in the applicant's expenditure statement are reasonably attributable to the estimated qualifying Australian production expenditure on the film;
 (c) whether costs that are charged for specific items indicate that the parties to the transaction were dealing with each other at arm's length.
 (4) If the film authority intends to use information or advice from a third party to support a decision to refuse to issue a certificate for the producer offset to an applicant, the film authority must give the applicant reasonable opportunity to comment on the substance of that information or advice.
 (5) If the film authority requests that an independent line producer provide the film authority with a written report under subrule (2), the authority must:
 (a) give a copy of the report to the applicant to whom it relates as soon as practicable; and
 (b) give the applicant reasonable opportunity to make a written submission to the film authority in response the report.