【Policy】Australian Screen Production Incentives - Part II,澳大利亚豪力法律服务微信公众号文章

Introduction

There are three principal Australian Government incentives to support screen production in Australia:

the Producer Offset

the Location Offset

the Post, Digital and Visual Effects (PDV) Offset.

In the recent releases we have provided an introduction of 'Producer Offset' and 'Location Offset' and 'PDV Offset'. We will be introducing 'Official International Co-Productions ' to you in this article.

Official International Co-Productions

Official international co-productions are film or television projects made in accordance with one or more international co-production treaties or similar arrangements.

As referred to above, Australia has official co-production treaties with each of the United Kingdom, Canada, Italy, Ireland, Israel, Germany, South Africa, Singapore and China, and MOUs with France and New Zealand (all countries together, Treaty Countries). Australia has also entered into a co-production arrangement with Korea.

Eligibility

An official co-production must be made under, and comply with the terms of, the treaty or MOU between Australia and the relevant Treaty Country. An official co-production must also comply with the “International Co-Production Program Guidelines” of Screen Australia (Australian Guidelines) and the guidelines and other requirements of the competent authority of the relevant Treaty Country.

It is acceptable for an official co-production to involve a co-producer from a third country which has an official co-production treaty or MOU with either Australia or the other Treaty Country.

Finance

The treaties and MOUs each provide that the co-producers must together contribute all the financing for an official co-production, although the financing may be sourced by the co-producers from any country.

Contributors

Generally, persons involved in the making of an official co-production must be ‘nationals’ or ‘residents’ of one of the co-producing countries, as those terms are defined in the relevant treaty or MOU. However, a project may be based on an underlying work (e.g. a book or concept) originating from any country.

A limited degree of ﬂexibility in relation to the nationality or residency of participants in official co-productions is permitted under each of the treaties and MOUs with the agreement of the competent authorities. For example, in exceptional circumstances, where script or financing dictates, the competent authorities may allow an actor from a country other than the co-producing countries. An executive producer is not considered part of the making of an official co-production so, provided the role is not creative, there can be an executive producer/s from a country other than the co-producing countries. Other exceptions are set out in the Australian Guidelines.

Contribution levels

Each treaty and MOU requires a minimum creative and financial contribution from each of the co-producers, usually 20% or 30%, and an overall balance of all creative and financial elements of an official co-production.

The Australian creative contribution is determined in two ways:

Australian points – being the proportion of Australian nationals in key roles, allocated in accordance with the applicable points test set out in the Australian Guidelines; and
Australian spend – being the proportion of expenditure on Australian elements of the project.

The Australian Guidelines provide that the proportion of the Australian points and the proportion of Australian spend must not be more than 5% below the Australian financial contribution (but always must be above the minimum required by the relevant treaty or MOU).

Applying for official co-production status

To apply for official co-production status, the Australian co- producer must submit an application to Screen Australia, first, for provisional approval and second, once the project is completed, for final approval.

Screen Australia will assess an application based on whether or not the application complies with the relevant treaty or MOU and the Australian Guidelines.

Final approval will only be granted when Screen Australia and the competent authority of the relevant Treaty Country have approved the completed project as eligible for official co- production status.

Further information

Further information about the Producer Offset and Official International Co-Productions is available from:

Screen Australia

T: +61 2 8113 1042

E: [email protected]

Internet: www.screenaustralia.gov.au/producer_offset and www. screenaustralia.gov.au/coproductions

Further information about the Location Offset and the PDV Offset is available from:

Ministry for the Arts

Attorney General’s Department

T: +61 2 6141 4383

E: [email protected]

Internet: http://arts.gov.au/film-tv/australian-screen-production-incentive/offsets

Note:

If you are interested in the Part I - Producer Offset and Part II - Location Offset and PDV Offset, please click 'history' on the upper right hand button.

Contact details

Sydney

Ian Robertson, National Managing Parner

T +61 2 8083 0401

E [email protected]

Sonia Borella, Partner

T +61 2 8083 0412

E [email protected]

Melbourne

Dan Pearce, Partner

T +61 3 9321 9840

E [email protected]

Disclaimer

The information in this Article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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