Legislation & Rules
Income Tax Assessment Act 1997 (ITAA)
Division 376 of the ITAA (as amended):
This is the Producer Offset legislation. It provides the basis for certifying applicants and calculating QAPE for the Producer Offset, and the sister programs, the Location and PDV Offsets. The document is a compilation of Division 376 taking into account amendments up to June 2014, including those that introduced the ‘new rules’ in 2011, and the definition of 'documentary' in 2013.
Amendments to the ITAA and associated explanatory documents
Tax Laws Amendment Act (2007 Measures No. 5) Act 2007 – Sch 10
This is the original legislation which introduced the Producer Offset. The Explanatory Memorandum provides additional guidance to the meaning and operation of the various provisions.
Tax Laws Amendment Act (2011 Measures No. 7) Act 2011 – Sch 9
This legislation introduced the ‘new rules’ which amended the calculation of QAPE and the eligibility thresholds. The Explanatory Memorandum explains the Amendment Act’s provisions.
Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013 – Sch 1
This legislation introduced the definition of 'documentary'. The Explanatory Memorandum provideds background to the legislation.
Producer Offset Rules and associated explanatory documents
Producer Offset Rules 2007 (as amended):
The Producer Offset Rules govern the procedures and application process for Final Certificates and provide for applications for, and the issue of, Provisional Certificates. The Rules were originally made by the then Film Finance Corporation under section 376–265 (1) and (2) of the ITAA and are now administered by Screen Australia. This compilation takes into account amendments made in 2010 that introduced the fee structure for provisional certificate applications.
Explanatory Statement – Producer Offset Rules 2007
The Explanatory Statement to the original Rules provides explanation on the Rules’ various clauses.
Explanatory Statement – Producer Offset Amendment Rules 2010
The Amendment Rules introduced the fee structure for Provisional Certificate applications, amongst other things. The Explanatory Statement explains how these amendments operate.