Producer Offset Amendment Rules 2010 (No. 1)1
Income Tax Assessment Act 1997
I, DR RUTH HARLEY, Chief Executive Officer of Screen Australia, make these Rules under section 376-265 of the Income Tax Assessment Act 1997.
Dated 24 June 2010
DR RUTH HARLEY
Chief Executive Officer of Screen Australia
1              Name of Rules
                These Rules are the Producer Offset Amendment Rules 2010 (No. 1).
2              Commencement
                These Rules commence on 1 July 2010.
3              Amendment of Producer Offset Rules 2007
                Schedule 1 amends the Producer Offset Rules 2007.
Schedule 1        Amendments
(rule 3)
  
[1]           After subrule 7 (6)
insert
Waiver of requirement
         (7)   The film authority may waive a requirement specified in this rule for an application.
[2]           After rule 8
insert
8A           Fee for application for provisional certificate
         (1)   A fee (the application fee) is payable by an applicant in relation to an application for a provisional certificate.
Working out the application fee
         (2)   In the financial year starting on 1 July 2010, the application fee is the amount specified in the following table.
Item
If the total film expenditure of the film (excluding GST) is ...
the fee is ...

1
no more than $1 000 000
$100

2
more than $1 000 000 but no more than $5 000 000
$500

3
more than $5 000 000 but no more than $15 000 000
$1 000

4
more than $15 000 000 but no more than $30 000 000
$2 000

5
more than $30 000 000
$3 500

         (3)   However, if:
                (a)    a company proposes to make an application for a certificate for the producer offset in relation to a film; and
               (b)    the company holds a provisional certificate in relation to the film; and
                (c)    the total film expenditure of the film (excluding GST) when the application for a certificate for the producer offset is made (the new total) is higher than the total film expenditure of the film (excluding GST) that was provided in the application for the provisional certificate; and
               (d)    the application fee that was worked out under subrule (2) would have been higher if the new total had been taken into account;       
the application fee is taken to be the fee that would have been worked out if the new total had been taken into account.
Note   See rule 18A for when the balance of the adjusted application fee is to be paid.
         (4)   In the financial year starting on 1 July 2011, or a subsequent 1 July, if the latest CPI number is greater than the earlier CPI number, the application fee is the amount worked out using the formula:
where:
previous indexable amount is the amount of the fee that was payable immediately before that 1 July.
         (5)   In the financial year starting on 1 July 2011, or a subsequent 1 July, if the latest CPI number is not greater than the earlier CPI number, the application fee is the fee that was payable immediately before that 1 July.
         (6)   If, apart from this subrule, the amount worked out under subrule (4) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded up.
         (7)   For this rule:
                (a)    if the Australian Statistician publishes a CPI number for a March quarter in substitution for a CPI number previously published by the Australian Statistician for that quarter, the publication of the later CPI number must be disregarded; and
               (b)    if the Australian Statistician changes the reference base for the Consumer Price Index, then, after the change is made, regard must be had only to the CPI numbers published using the new reference base.
         (8)   In this rule:
CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.
earlier CPI number means the CPI number for the March quarter 2 financial years before that 1 July.
latest CPI number means the CPI number for the last March quarter before that 1 July.
Other matters relating to the fee
         (9)   The film authority must not consider the application unless the application fee has been paid.
       (10)   If the applicant withdraws the application, the film authority must refund the application fee to the applicant.
       (11)   If the film authority refuses to issue a provisional certificate, the application fee is not refundable.
[3]           Subrule 9 (1), note
substitute
Note   See subrule 8A (9) and rule 13.
[4]           Subparagraph 17 (3) (d) (i)
substitute
                          (i)    in the form:
                                   (A)     approved by the Chief Executive Officer of the film authority; or
                                   (B)     if the Chief Executive Officer of the film authority has not approved a form — specified in Schedule 3; and
[5]           Subrule 17 (5)
omit
[6]           After rule 18
insert
18A         Adjustment of fee for application for provisional certificate
                If subrule 8A (3) applies in relation to an application for a provisional certificate, the difference between the application fee that was paid in relation to the application and the application fee that is taken to be payable is payable when the application for a certificate for the producer offset is delivered to the film authority.
Note   If the total film expenditure of the film (excluding GST) increases before the applicant makes an application for a certificate for the producer offset, the application fee for the application for the provisional certificate in relation to the film is taken to be adjusted to the amount that would have been paid if the higher total had been known.
[7]           Schedule 1, Part B, clause 1.3
substitute
1.3           For a film that is an official co-production, evidence from the Commonwealth (or the relevant Commonwealth authority) that the film is an official co-production.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.