Commonwealth of Australia
 
Income Tax Assessment Act 1997
Acts Interpretation Act 1901
 
 
Refundable Film Tax Offset Rules 2002
(Amendment No. 1 of 2006)
 
I, CHARLES RODERICK KEMP, Minister for the Arts and Sport, acting under section 376-105 of the Income Tax Assessment Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901 make the following amendments to the Refundable Film Tax Offset Rules 2002.
 
Dated  31/8/2006.
 
 
CR KEMP
……………………………………………..
Minister for the Arts and Sport
_________________________________________________________
1               Name of instrument
This instrument is the Refundable Film Tax Offset Rules 2002 (Amendment No. 1 of 2006).
2               Commencement
This instrument commences on the day after it is registered with the Federal Register of Legislative Instruments established pursuant to the Legislative Instruments Act 2003.
3     Amendment of the Refundable Film Tax Offset Rules 2002
Schedule 1 amends the Refundable Film Tax Offset Rules 2002.
 
Schedule 1                  Amendments
 
[1]       Note at the end of rule 4, Definitions
                substitute
 
Note   Terms used in these Rules which are defined in the Act have the same meaning in these Rules as in the Act (see paragraph 46(1)(a) of the Acts Interpretation Act).   These terms include:
·         arm’s length;
·         Arts Minister;
·         completed;
·         development expenditure;
·         film;
·         film licensed investment company;
·         production expenditure; 
·         qualifying Australian production expenditure; and
·         television series.
 
[2]       Subrule 20(5)
            delete
 
[3]       Subrule 25(3)
            substitute
             (3)    The following things must be attached to an application:
(a)              the documents specified in Part B of Schedule 2;
(b)              an expenditure statement prepared in accordance with rule 26 (including an auditor’s statement in the form in Schedule 3 and prepared in accordance with rule 27); and
(c)              a copy of the completed film with full final credit listing, in DVD or VHS format.
 
[4]       Subrule 25(5)
            delete
 
 
[5]       Subrule 26(5)
            substitute
             (5)    Amounts in an expenditure statement under this rule must be expressed in Australian dollars, worked out in accordance with item 9 of the table in subsection 960-50(6) of the Act.
 
[6]       Rule 31
            delete
 
[7]       Schedule 1, Part A, Information about the film
            substitute
Information about the film
·         Working title;
·         Format (note the restrictions in paragraphs 376‑15 (1) (d), (e) and (ea) of the Act);
·         Synopsis;
·         Estimated running time;
·         Estimated date of completion;
·         The category of estimated film expenditure: either between A$15 million and A$50 million, or A$50 million or more;
·         Whether any provisional or final certificates have been issued under Division 10BA of Part III of the Income Tax Assessment Act 1936 in relation to the film and, if so, whether any provisional certificates so issued have been revoked under subsection 124ZAB(6A) of that Act;
·         Whether any deductions have been claimed in relation to copyright in the film under Division 10B of Part III of the Income Tax Assessment Act 1936;
·         The date of commencement of principal photography or, where the film is an animated film, the date of commencement of the production of animated images.
 
[8]       After Schedule 1, Part A, Information about the film
            insert
Further information about the film where the film is a television series
·         Whether or not the television series is predominantly a digital animation or other animation;
·         Estimated length of time, in months, that will be taken for:
o        principal photography to take place (if the television series is other than predominantly a digital animation or other animation); or
o        the series to be made (if the television series is predominantly a digital or other animation), excluding pre-production activities;
·         Number of episodes in the series;
·         Estimated total qualifying Australian production expenditure;
·         Estimated duration of the series, in hours;
·         Estimated total qualifying Australian production expenditure divided by the estimated duration of the series in hours;
·         A synopsis of the television series for the purpose of assessing applications against the definition of ‘television series’ in section 376-17 of the Act;
·         Identification of expenditure on any pilot episode that is not qualifying Australian production expenditure.
 
[9]       Schedule 2, Part A, Information about the film
            substitute
Information about the film
·         Title;
·         Format (note the restrictions in paragraphs 376‑15 (1) (d), (e) and (ea) of the Act);
·         Running time;
·         Date of completion;
·         The category of film expenditure: either between A$15 million and A$50 million, or A$50 million or more;
·         Proof of distribution for the planned or confirmed exhibition of the film by way of cinema, television broadcast or video release (in the form of a deal memo or letter of confirmation from the distributor on official letterhead);
·         Whether any provisional or final certificates have been issued under Division 10BA of Part III of the Income Tax Assessment Act 1936 in relation to the film and, if so, whether any provisional certificates so issued have been revoked under subsection 124ZAB(6A) of that Act;
·         Whether any deductions have been claimed in relation to copyright in the film under Division 10B of Part III of the Income Tax Assessment Act 1936;
·         Whether any State or Territory government film incentive(s) have been applied for, or received, in relation to the film and, if so:
o        the type of incentive(s);
o        the name of the administering State or Territory Government department; and
o        the name and contact details of any relevant State or Territory government officer(s) involved in administering the incentive(s) in relation to the film;
·         A list of all non-Australian cast and crew who worked on the film in Australia and the capacity in which they worked on the film.
·         The date of commencement of principal photography or, where the film is an animated film, the date of commencement of the production of animated images.
 
[10]     After Schedule 2, Part A, Information about the film
            insert
Further information about the film where the film is a television series
·         Whether or not the television series is predominantly a digital animation or other animation;
·         Length of time, in months, that was taken for:
o        principal photography to take place (if the television series is other than predominantly a digital animation or other animation); or
o        the series to be made (if the television series is predominantly a digital or other animation), excluding pre-production activities;
·         Number of episodes in the series;
·         Total qualifying Australian production expenditure;
·         Duration of the series in hours;
·         Total qualifying Australian production expenditure divided by the duration of the series in hours;
·         A synopsis of the television series for the purpose of assessing applications against the definition of ‘television series’ in section 376-17 of the Act;
·         Identification of expenditure on any pilot episode that is not qualifying Australian production expenditure.
 
[11]     Schedule 2, Part B, Documents to be attached to an application for a certificate, last dot point
            delete