Document ID: chunk:federal_register_of_legislation:C2004A00962:clause:1_2:p3
Version: federal_register_of_legislation:C2004A00962
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 3/5)
Character Range: 6172–9207

out using Subdivision 376‑C) is at least $15 million; and
 (g) if the total of the company's qualifying Australian production expenditure on the film is less than $50 million:
 (i) the total of the company's qualifying Australian production expenditure on the film is at least 70% of the total of all the company's *production expenditure on the film; and
 (ii) the company either carried out, or made the arrangements for the carrying out of, all the activities that were necessary for the *making of the film; and
 (iii) the company is the only company that satisfies subparagraph (ii) in relation to the film; and
 (h) if the total of the company's qualifying Australian production expenditure on the film is at least $50 million:
 (i) the company either carried out, or made the arrangements for the carrying out of, all the activities in Australia that were necessary for the making of the film; and
 (ii) the company is the only company that satisfies subparagraph (i) in relation to the film.

Note: Subparagraphs (g)(ii) and (h)(i)—the operation of these subparagraphs is affected by paragraph 376‑70(1)(d) (which deals with the situation in which one company takes over the making of a film from another company).

 (2) A *film is completed when it is first in a state where it could reasonably be regarded as ready to be distributed, broadcast or exhibited to the general public.

Note: This means that the making of a film includes post‑production and editing as well as the shooting of the film.

376‑20  Company may nominate one person whose remuneration is to be disregarded

 (1) In its application for the certificate under section 376‑15, the company may nominate one person as a person to whom this section applies.

 (2) If the company nominates a person under subsection (1), disregard the following for the purposes of this Division:
 (a) the remuneration and other benefits provided to the person for the person's services in relation to the *making of the *film;
 (b) travel and other costs associated with the services the person provides in relation to the making of the film.

Note: This means that the person's remuneration and benefits, and associated costs, are disregarded both in working out the total of the company's qualifying Australian production expenditure on the film and in working out the company's total production expenditure on the film.

Subdivision 376‑C—Production expenditure and qualifying Australian production expenditure

Table of sections

Production expenditure

376‑25 Production expenditure—general test
376‑30 Production expenditure—special qualifying Australian production expenditure
376‑35 Production expenditure—specific exclusions

Qualifying Australian production expenditure

376‑40 Qualifying Australian production expenditure—general test
376‑45 Qualifying Australian production expenditure—specific inclusions
376‑50 Qualifying Australian production expenditure—specific exclusions
376‑55 Qualifying Australian production expenditure—treatment of services embodied