Document ID: chunk:federal_register_of_legislation:C2004A00587:clause:1_103m
Version: federal_register_of_legislation:C2004A00587
Segment Type: clause
Provision Reference: sch 1 cl 103M
Character Range: 13168–15874

103M  Expenditure to be nominated only once in meeting licence conditions

Channel provider and part‑channel provider

 (1) If:
 (a) either:
 (i) a person is a channel provider in relation to a subscription TV drama service provided by a licensee because the person supplies a channel; or
 (ii) a person is a part‑channel provider in relation to a subscription TV drama service provided by a licensee because the person supplies a package of programs; and
 (b) the person nominates the whole or a part of particular expenditure for the purposes of the application of a particular provision of this Division in relation to the subscription TV drama service;
the whole or part, as the case may be, of the expenditure must not be nominated by the person for the purposes of:
 (c) the application of any other provision of this Division in relation to that service; or
 (d) the application of any provision of this Division in relation to another subscription TV drama service provided by the licensee; or
 (e) the application of any provision of this Division in relation to another subscription TV drama service provided by another licensee.

 (2) However, the rule in paragraph (1)(e):
 (a) does not apply in relation to a person who is a channel provider if:
 (i) the person supplies the same or a substantially similar channel to the other licensee; and
 (ii) apart from any breaks for the purposes of the transmission of incidental matter, the same or a substantially similar channel supplied by the person is televised by the other licensee on the other subscription TV drama service; and
 (b) does not apply in relation to a person who is a part‑channel provider if:
 (i) the person supplies the same or a substantially similar package of programs to the other licensee; and
 (ii) apart from any breaks for the purposes of the transmission of incidental matter, the same or a substantially similar package of programs supplied by the person is televised by the other licensee on the other subscription TV drama service.

Licensee

 (3) If:
 (a) a licensee provides a subscription TV drama service; and
 (b) the licensee nominates the whole or a part of particular expenditure for the purposes of the application of a particular provision of this Division in relation to the subscription TV drama service;
the whole or part, as the case may be, of the expenditure must not be nominated by the licensee for the purposes of:
 (c) the application of any other provision of this Division in relation to that service; or
 (d) the application of any provision of this Division in relation to another subscription TV drama service provided by the licensee.

Subdivision B—Channel provider supplies channel