The Federal Government.has released its long-delayed legislation aimed at limiting the type of documentary that is eligible for the Producer Offset tax rebate.
It has been several months since the Labor government announced its plans following Screen Australia.s failed court battle to reject Essential Media and Entertainment.s Offset application for TV series Lush House.
The legislation, which is open for comment until January 30, 2013, will affect any production that began principal photography from July 1, 2012. It enshrines Screen Australia.s previous practice - which spurred its unsuccessful court battle against Essential - to use the Australian Communication and Media Authority.s documentary guidelines.
Those guidelines define documentary as a creative treatment of actuality which excludes infotainment, lifestyle programs, and magazine programs. The new legislation will also explicitly exclude game shows.
Opponents of the Lush House decision have raised concerns that relaxing the documentary definition could open the funding floodgates for cheap network programming.
It has been several months since the Labor government announced its plans following Screen Australia.s failed court battle to reject Essential Media and Entertainment.s Offset application for TV series Lush House.
The legislation, which is open for comment until January 30, 2013, will affect any production that began principal photography from July 1, 2012. It enshrines Screen Australia.s previous practice - which spurred its unsuccessful court battle against Essential - to use the Australian Communication and Media Authority.s documentary guidelines.
Those guidelines define documentary as a creative treatment of actuality which excludes infotainment, lifestyle programs, and magazine programs. The new legislation will also explicitly exclude game shows.
Opponents of the Lush House decision have raised concerns that relaxing the documentary definition could open the funding floodgates for cheap network programming.
- 12/14/2012
- by Brendan Swift
- IF.com.au
The minister for the arts, Simon Crean has taken steps to better define the term ‘documentary’ for the purposes of the producer offset, a tax rebate to assist Australian productions.
The point of the definition is to distinguish the term documentary from ‘infotainment, lifestyle or magazine program.’
The move comes after a High Court case between Screen Australia and production company Essential Media and Entertainment was finalised in March over the agency’s previous definition.
Crean said in a statement: “Inserting a definition of the term ‘documentary’ will give producers greater confidence about the eligibility of their production and will support the success of the Producer Offset as a funding mechanism. It will also provide clear guidance for the program’s administrator Screen Australia and the Government in the operation of the Offset.”
Screen Australia had turned the company down from the offset on the grounds it was infotainment.
The case,...
The point of the definition is to distinguish the term documentary from ‘infotainment, lifestyle or magazine program.’
The move comes after a High Court case between Screen Australia and production company Essential Media and Entertainment was finalised in March over the agency’s previous definition.
Crean said in a statement: “Inserting a definition of the term ‘documentary’ will give producers greater confidence about the eligibility of their production and will support the success of the Producer Offset as a funding mechanism. It will also provide clear guidance for the program’s administrator Screen Australia and the Government in the operation of the Offset.”
Screen Australia had turned the company down from the offset on the grounds it was infotainment.
The case,...
- 7/5/2012
- by Colin Delaney
- Encore Magazine
The Screen Producers Association of Australia has questioned Screen Australia’s ability to administer the key tax rebate for encouraging local film production after it was defeated in a Federal Court test case today.
The comments came after production company Essential Media and Entertainment won a Federal Court appeal against Screen Australia regarding what constitutes a documentary, in regards to Essential’s ten-part doco-series Lush House.
The win entitles Lush House to a 20% tax rebate. It had originally been determined by Screen Australia to be infotainment, not a documentary, discounting it from eligibility for the producer offset. Essential Media and Entertainment took the matter to the Administrative Appeals Tribunal, which determined the series within the parameters of Screen Australia’s guideline of a documentary.
Spaa stated it was extremely concerned that Screen Australia has wasted valuable taxpayers’ funds in prosecuting this case into the Federal Court rather than accepting the...
The comments came after production company Essential Media and Entertainment won a Federal Court appeal against Screen Australia regarding what constitutes a documentary, in regards to Essential’s ten-part doco-series Lush House.
The win entitles Lush House to a 20% tax rebate. It had originally been determined by Screen Australia to be infotainment, not a documentary, discounting it from eligibility for the producer offset. Essential Media and Entertainment took the matter to the Administrative Appeals Tribunal, which determined the series within the parameters of Screen Australia’s guideline of a documentary.
Spaa stated it was extremely concerned that Screen Australia has wasted valuable taxpayers’ funds in prosecuting this case into the Federal Court rather than accepting the...
- 3/7/2012
- by Colin Delaney
- Encore Magazine
The Federal Court of Australia has confirmed that TV documentary series Lush House should qualify for the Producer Offset rebate after Screen Australia challenged last year's similar decision by the Administrative Appeals Tribunal.
The national screen agency originally rejected Essential Media and Entertainment's Producer Offset application because it viewed the ten-episode cleaning series as a 'reality' program. However, Essential argued that the series, which follows household expert Shannon Lush as she gives cleaning advice to homemakers, was similar to another of its programs, Is Your House Killing You?, which did receive the tax break.
The Aat confirmed Essential's position although Screen Australia then challenged that judgement in the Federal Court.
Essential said the Federal Court did not find any fault with the process followed by the lower court in determining that Lush House is eligible for the 20 per cent tax rebate available for broadcast documentaries.
Essential Media and Entertainment chief...
The national screen agency originally rejected Essential Media and Entertainment's Producer Offset application because it viewed the ten-episode cleaning series as a 'reality' program. However, Essential argued that the series, which follows household expert Shannon Lush as she gives cleaning advice to homemakers, was similar to another of its programs, Is Your House Killing You?, which did receive the tax break.
The Aat confirmed Essential's position although Screen Australia then challenged that judgement in the Federal Court.
Essential said the Federal Court did not find any fault with the process followed by the lower court in determining that Lush House is eligible for the 20 per cent tax rebate available for broadcast documentaries.
Essential Media and Entertainment chief...
- 3/7/2012
- by Brendan Swift
- IF.com.au
The Federal Court of Australia has confirmed that TV documentary series Lush House should qualify for the Producer Offset rebate after Screen Australia challenged last year's similar decision by the Administrative Appeals Tribunal. The national screen agency originally rejected Essential Media and Entertainment's Producer Offset application because it viewed the ten-episode cleaning series as a 'reality' program. However, Essential argued that the series, which follows household expert Shannon Lush as she gives cleaning advice to homemakers, was similar to another of its programs, Is Your House Killing You?, which did receive the tax break. The Aat confirmed Essential's position although Screen Australia then challenged that judgement in the Federal Court. Essential...
- 3/7/2012
- by Brendan Swift
- IF.com.au
Screen Australia has appealed a decision by the Administrative Appeals Tribunal that television series Lush House is a documentary. The Aat decision, if it stands, would result in the series being eligible to claim the 20% producer offset.
Lush House, an Essential Media and Entertainment program had previously been determined by Screen Australia to be infotainment, not documentary, discounting it from offset eligibility.
For the purposes of the Producer Offset, what is, and isn’t a documentary is significant for the screen production sector and for Screen Australia as the film authority under the Tax Act.
Screen Australia’s Chief Executive Officer, Ruth Harley, said: “This is the first case concerning the definition of documentary and we believe it is important to differentiate between documentary and lifestyle/infotainment programming. For this reason it is necessary to appeal the Aat decision.”
Said Chris Hilton, CEO of Essential Media and Entertainment, “The reason...
Lush House, an Essential Media and Entertainment program had previously been determined by Screen Australia to be infotainment, not documentary, discounting it from offset eligibility.
For the purposes of the Producer Offset, what is, and isn’t a documentary is significant for the screen production sector and for Screen Australia as the film authority under the Tax Act.
Screen Australia’s Chief Executive Officer, Ruth Harley, said: “This is the first case concerning the definition of documentary and we believe it is important to differentiate between documentary and lifestyle/infotainment programming. For this reason it is necessary to appeal the Aat decision.”
Said Chris Hilton, CEO of Essential Media and Entertainment, “The reason...
- 7/25/2011
- by Colin Delaney
- Encore Magazine
Screen Australia has appealed an Administrative Appeals Tribunal decision.on the grounds that TV series Lush House is not a documentary. The national agency feels the 10-part, Essential Media and Entertainment cleaning series . which follows household expert Shannon Lush as she gives cleaning advice to homemakers . is instead an .infotainment. program and therefore not.eligible for the 20 per cent producer offset. Screen Australia had 28 days to appeal the Aat judgement, which was handed down in late-June. .This is the first case concerning the definition of documentary and we believe it is important to differentiate between documentary and lifestyle/infotainment programming. For this reason it is necessary to appeal the Aat decision,....
- 7/25/2011
- by Sam Dallas
- IF.com.au
The Administrative Appeals Tribunal has overruled Screen Australia.s decision to reject Essential Media and Entertainment.s producer offset application for TV series Lush House. The decision raises serious questions about the definition of eligible documentaries and similar shows previously excluded from the 20 per cent tax break because they were categorised as .reality., .infotainment., .transformation., .makeover. or .how-to. programs. Screen Australia originally rejected the application because it viewed the ten-episode cleaning series as a reality program. However, Essential argued that the series, which follows household expert Shannon Lush as she gives cleaning advice to homemakers, was similar to another...
- 6/27/2011
- by Brendan Swift
- IF.com.au
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