Tax Laws Amendment (2005 Measures No. 5) Act 2005 (162 of 2005)

Schedule 2   Tax offset for Australian production expenditure on television series

Income Tax Assessment Act 1997

7   After section 376-15

Insert:

376-17 Television series

(1) A television series is a *film made up of 2 or more episodes that:

(a) are produced wholly or principally for exhibition to the public on television under a single title; and

(b) contain a common theme or themes; and

(c) contain dramatic elements that form a narrative structure; and

(d) meet the requirement in subsection (2).

Note: A documentary can be a television series.

(2) The requirement is that all of the episodes must be produced wholly or principally for exhibition together, for a national market or national markets.

(3) To avoid doubt, and without limiting paragraph (1)(c), a *film satisfies the requirement in that paragraph if:

(a) the sole or dominant purpose of the film is to depict actual events, people or situations; and

(b) the film depicts those events, people or situations in a dramatic or entertaining way, with a heavy emphasis on dramatic impact or entertainment value.

(4) A pilot episode to a television series is taken to be a part of the television series.