Refundable Film Tax Offset Rules 2002 (Cth)
Refundable Film Tax Offset Rules 2002
as amended
made under section 376‑105 of the
Income Tax Assessment Act 1997
This compilation was prepared on 6 September 2006
taking into account amendments up to Refundable Film Tax Offset Rules 2002 (Amendment No. 1 of 2006)
The text of any of those amendments not in force on that date is appended
in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
Part 1Preliminary
1Name of rules [see Note 1] 4
2Commencement [see Note 1] 4
3Object of rules 4
4Definitions 4
Part 2Film Certification Advisory Board
5Establishment of the Board 6
6Additional functions of the Board 6
7Powers of the Board 6
8Constitution of, and appointment to, the Board 6
9Acting appointments 6
10Appointed members may be given leave of absence from meetings 7
11Resignation of appointed member 7
12Termination of appointment of appointed members 7
13Board members’ duty of confidentiality 7
14Disclosure of certain interests of Board members 8
15Board meetings 8
16Quorum 8
17Conduct of meetings 9
18Decisions without meetings 9
Part 3Provisional certificates
19Application for provisional certificate 10
20Form of application for provisional certificate 10
21Board’s consideration of whether to issue a provisional certificate 10
22Additional information 10
23Refusal to issue provisional certificate 11
24Effect of a provisional certificate 11
Part 4Certificates
25Form of application for a certificate 12
26Expenditure statements 12
27Audits 13
28Procedures for assessing applications 13
29Additional information 14
30Report from the Board to the Minister 14
Schedule 115
Part AInformation to be included in an application for a provisional certificate 15
Part BDocuments to be attached to an application for a provisional certificate 17
Schedule 2 18
Part AInformation to be included in an application for a certificate 18
Part BDocuments to be attached to an application for a certificate 20
Schedule 3Auditor’s statement 22
Schedule 4Statutory declaration 24
Notes 25
Part 1 Preliminary
Name of rules [see Note 1]
These rules are the Refundable Film Tax Offset Rules 2002.
Commencement [see Note 1]
These rules commence on gazettal.
Object of rules
The object of these rules is to:
(a) establish the Board (see paragraph 376‑105 (1) (a) of the Act);
(b) specify additional functions of the Board in relation to the operation of Division 376 of the Act (see subparagraph 376‑105 (1) (a) (ii) of the Act);
(c) specify the membership of, and the terms and conditions of appointment to, the Board (see paragraph 376‑105 (1) (b) of the Act);
(d) specify the procedures to be followed by the Board in performing its functions (see paragraph 376‑105 (1) (c) of the Act);
(e) provide for the issue of provisional certificates (see subsection 376‑105 (2) of the Act); and
(f) specify how applications for certificates (including provisional certificates) are to be made (see subsections 376‑105 (3) and (4) of the Act).
Definitions
In these rules, unless the contrary intention appears:
Act means the Income Tax Assessment Act 1997.
applicant means a company which has applied for a provisional certificate or a certificate, as the case may be.
appointed member means a Board member appointed under rule 8.
Board means the Film Certification Advisory Board established by rule 5.
certificate means a certificate issued by the Minister under section 376‑15 of the Act.
Corporations Act means the Corporations Act 2001.
Department means the Department of Communications, Information Technology and the Arts.
independent line producer means any person who, in the Board’s opinion, is independent of the applicant and has recent experience in large budget film production management.
Minister means the Arts Minister.
provisional certificate means a certificate issued by the Board under rule 21.
related body corporate has the meaning given in section 50 of the Corporations Act.
scheme means the scheme established under Division 376 of the Act.
Secretary means the Secretary of the Department.
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.
Part 2 Film Certification Advisory Board
Establishment of the Board
The Board is established by this rule.
Additional functions of the Board
The additional functions of the Board are to:
(a) advise the Minister in relation to any policy issues relevant to the film tax offset scheme, including administrative processes for the scheme; and
(b) consider applications for, and issue, provisional certificates under Part 3 of these rules.
Note Subparagraph 376‑105 (1) (a) (i) of the Act gives the Board the following functions:
· considering certificate applications made under section 376‑75 of the Act; and
· advising the Minister on whether to issue certificates under section 376‑15 of the Act.
Powers of the Board
The Board has the power to do everything that is necessary or convenient to be done to exercise its functions.
Constitution of, and appointment to, the Board
(1) The Board consists of:
(a) a Chair; and
(b) two other members.
(2) The Chair is to be the person who from time to time performs the duties of an SES position in the Department nominated for the purposes of this rule by the Secretary.
(3) A member referred to in paragraph (1) (b) is to be appointed by the Minister by written instrument for the period, not exceeding 3 years, specified in the instrument.
(4) A member appointed under subrule (3) must be someone who, in the Minister’s opinion, is or has been involved in the film production industry and has experience and expertise in feature film production budgets and/or film auditing.
(5) An appointed member holds office on a part-time basis.
Acting appointments
(1) The Minister may appoint a person to act as a member:
(a) during a vacancy in the office of the member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2) Anything done by a person purporting to act under an appointment under subrule (1) is not invalid merely because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in connection with the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Appointed members may be given leave of absence from meetings
The Minister may grant an appointed member leave to be absent from a meeting or meetings of the Board on the terms and conditions (if any) that the Minister determines.
Resignation of appointed member
An appointed member may resign his or her appointment by giving a written resignation to the Minister.
Termination of appointment of appointed members
(1) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.
(2) Without limiting subrule (1), the Minister may terminate the appointment of an appointed member if the member fails, without reasonable excuse, to comply with rule 13 (duty of confidentiality) or rule 14 (disclosure of interests).
(3) The Minister must terminate the appointment of an appointed member
if:
(a) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors, or makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the members is absent, except on leave of absence granted under rule 10, from 3 consecutive meetings of the Board.
(4) A termination under this rule takes effect when the member is given written notice of the termination.
Board members’ duty of confidentiality
(1) This section applies to a person who is a Board member.
(2) Except in the performance of the functions of the Board, the person must not communicate, or use to gain an advantage for himself or herself, or someone else, information that is made known to the person in the capacity of Board member.
(3) The duty in subrule (2) continues after the person ceases to be a Board member.
Disclosure of certain interests of Board members
(1) A Board member who has a direct or indirect pecuniary interest in a matter that is being considered, or is about to be considered, by the Board must disclose the nature of the interest in writing to the Minister.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.
(3) Unless the Minister consents in writing, the member:
(a) must not be present during any deliberation by the Board on the matter; and
(b) must not vote on the matter or otherwise take part in any decision of the Board on the matter.
(4) If the Minister consents, the disclosure and the Minister’s consent must be:
(a) recorded in the minutes of the relevant meeting; and
(b) noted in the Board’s report to the Minister under rule 30.
Board meetings
(1) The Chair may convene a meeting of the Board at any time.
(2) A meeting of the Board must be presided over by:
(a) if the Chair is present — the Chair: or
(b) otherwise — the person who from time to time performs the duties of an SES position in the Department nominated for the purposes of this paragraph by the Secretary.
Quorum
(1) Subject to subrule (2), at a meeting of the Board a quorum is constituted by two members.
(2) In the event that two members of the Board are unable to participate in, or to continue to participate in, the performance of their duties as a result of the disclosure of conflicts of interest under rule 14, the quorum necessary for a meeting of the Board is one.
Note As a result of subrules 14 (3) and 17 (1), the Board member who constitutes a quorum under subrule 16 (2) would be the only member entitled to vote in respect of the relevant matter.
Conduct of meetings
(1) A question arising at a meeting of the Board is to be determined by a majority of members of the Board present and entitled to vote on that question.
(2) The person presiding at a meeting has a deliberative vote and, if necessary, a casting vote.
(3) The Board may regulate proceedings at its meetings as it considers appropriate. However, proceedings at a meeting must not be inconsistent with the other rules in this Part.
Note Section 33B of the Acts Interpretation Act 1901 provides for people to participate in meetings by various means of communication (eg telephone or closed circuit television).
(4) Without limiting subrule (3), the Board may invite a person to attend a meeting for the purpose of advising or informing the Board on any matter.
(5) A person invited to attend a meeting under subrule (4) must not communicate, or use to gain an advantage for himself or herself, or someone else, information that is made known to the person as a result of being so invited.
(6) The Board must ensure that minutes of its meetings are kept.
Decisions without meetings
(1) The members of the Board may pass a resolution without a Board meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.
(2) Separate copies of a document may be used for signing by members if the wording of the resolution and statement is identical in each copy.
(3) The resolution is passed when the last member signs.
Part 3 Provisional certificates
Application for provisional certificate
(1) A company may apply to the Board for a provisional certificate if:
(a) it is the production company that is carrying out, or is making the arrangements for the carrying out of, all the activities in Australia that are necessary for the making of the film; or
(b) it is developing the film prior to the establishment of a production company.
Note The test in paragraph (1) (a) is based on the test in subparagraphs 376‑15 (1) (g) (ii) and (h) (i) of the Act, which specify the requirements for a company to apply for a certificate.
(2) Paragraph 376‑70 (1) (d) of the Act applies to an application for a provisional certificate.
Form of application for provisional certificate
(1) This rule applies to an application for a provisional certificate.
(2) An application must include the information specified in Part A of Schedule 1 and be signed by or on behalf of the applicant.
(3) The following documents must be attached to an application:
(a) the documents specified in Part B of Schedule 1; and
(b) an expenditure statement prepared in accordance with subrules
26 (1)–(5).
(4) An application:
(a) must be in written form; and
(b) must be delivered to the Department.
Board’s consideration of whether to issue a provisional certificate
(1) The Board must consider whether to issue a provisional certificate to the applicant.
(2) Subrules 28 (2)–(6) apply to the Board’s consideration of an application for a provisional certificate.
Additional information
(1) Where, in the opinion of the Board, additional information is required to assess an application for a provisional certificate, the Board may make a written request to the applicant to provide specified information within a specified time.
(2) The Board may extend the time specified under subrule (1) at the written request of the applicant.
(3) Where the applicant does not respond to the Board’s request within the specified time or does not seek an extension of the time specified within 28 days from the date of the Board’s request, the Board may refuse the application.
Refusal to issue provisional certificate
(1) If the Board decides not to issue a provisional certificate for a film, the Board must give the applicant written notice of the decision.
(2) The written notice must specify each requirement for the issue of a certificate that is not met by the application.
Note A statement of reasons can be obtained for a decision to refuse to issue a final certificate under section 376‑80 of the Act.
(3) The Board must issue the written notice as soon as practicable, and in any event within 28 days from the date of the Board’s decision not to issue the provisional certificate.
Effect of a provisional certificate
(1) A provisional certificate must state that the projected qualifying Australian production expenditure on a proposed film would, if:
(a) the film were completed on the basis of that projected qualifying Australian production expenditure; and
(b) any conditions specified in the provisional certificate were satisfied in the future;
satisfy the requirements in section 376‑15 of the Act for the issue of a certificate.
(2) A provisional certificate does not:
(a) entitle any person to claim a tax offset under Division 376 of the Act; or
(b) prevent a later decision by the Minister to refuse to grant a certificate.
Part 4 Certificates
Form of application for a certificate
(1) This rule applies to an application for a certificate made under subsection 376‑75 (1) of the Act.
(2) An application must include the information specified in Part A of Schedule 2 and be signed by or on behalf of the applicant.
(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) An application:
(a) must be in written form; and
(b) delivered to the Department.
Expenditure statements
(1) If an applicant claims between A$15 million and A$50 million in qualifying Australian production expenditure, an expenditure statement for the production expenditure and the qualifying Australian production expenditure claimed by the applicant in respect of a film must be attached to an application for a certificate.
(2) If an applicant claims A$50 million or more in qualifying Australian production expenditure, an expenditure statement for the qualifying Australian production expenditure claimed by the applicant in respect of a film must be attached to an application for a certificate.
(3) An expenditure statement under this rule must:
(a) distinguish the expenditure incurred on film production activity carried out in Australia from the expenditure incurred on film production activity outside of Australia;
(b) specify the claimed expenditure for travel under item 5 of the Table in subsection 376‑45 of the Act;
(c) specify any expenditure incurred by an outgoing company within the meaning of section 376‑70 of the Act;
(d) give details (name, title and role in the production) of the person whose remuneration, travel and associated costs are to be disregarded under section 376‑20 of the Act, together with the total of the expenditure to be disregarded;
(4) An expenditure statement under this rule must include:
(a) a description of each budget item;
(b) the amount of expenditure on each budget item;
(c) details of each service provider by budget item;
(d) the location and period over which each service or good was provided; and
(e) the location and period of use of any land used in making the film.
(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) An expenditure statement under this rule must be accompanied by an auditor’s statement in the form in Schedule 3.
Audits
(1) An audit referred to in a statement under Schedule 3 must be conducted in accordance with all applicable accounting standards, including any standards relating to the independence of auditors.
(2) A statement under Schedule 3 must be signed by a person who is:
(a) a registered auditor under the Corporations Act;
(b) not an officer, employee or partner of the applicant, or of a related body corporate of the applicant.
Procedures for assessing applications
(1) Upon receiving an application for a certificate, the Minister shall forward the application to the Board for its consideration and advice.
(2) In considering an application for a certificate, the Board must consider all relevant information, including:
(a) the application and attached documents;
(b) any written report requested by the Board under subrule (5) and any written submissions by the applicant in relation to that report;
(c) any additional information provided by the applicant under rule 29;
(d) any other information or advice obtained by the Board.
(3) In considering an application, the Board may:
(a) seek information or advice from any person or source; and
(b) take into account the knowledge and experience of its members.
(4) A person from whom information or advice is sought under subrule (3) must not communicate, or use to gain an advantage for himself or herself, or someone else, information that is made known to the person as a result of the request.
(5) If the Board proposes to use any information or advice from a third party in support of an assessment that the application does not meet the requirements of section 376‑15 of the Act, the applicant must be given a reasonable opportunity to comment on the substance of that information or advice.
(6) Without limiting subrule (3), the Board may request an independent line producer to provide a written report to the Board about any matter which is relevant to any or all of the requirements of section 376‑15 of the Act, including advice about:
(a) an assessment of whether specific items claimed in the applicant’s audited statements are reasonably attributable to production expenditure and qualifying Australian production expenditure, as applicable; and
(b) whether costs which are charged for specific items are made on an arm’s length basis; and
(c) advice on the extent to which costs between subsidiary companies and parent/associate companies are commercially reasonable.
(7) An applicant must be given a copy of any report prepared by the independent line producer and be given a reasonable opportunity to make written submissions to the Board in relation to the report.
Additional information
(1) Where, in the opinion of the Board, additional information is required to assess an application for a certificate, the Board may make a written request to the applicant to provide such further information as the Board requires to assess the application within a specified time.
(2) The Board may extend the time specified under subrule (1) at the written request of the applicant.
(3) Where the applicant does not respond to the Board’s request within the specified time or does not seek an extension of the time specified within 28 days from the date of the Board’s request, the Board may proceed to prepare a report to the Minister under rule 30.
Report from the Board to the Minister
(1) The Board must advise the Minister in a written report, in a form approved by the Board, as to whether the application meets the requirements of section 376‑15 of the Act.
(2) If the Board considers that the application does not meet one or more of those requirements, its report must give reasons for its view.
Schedule 1
(rule 20)
Part A Information to be included in an application for a provisional certificate
Information about the applicant company
Registered name of company;
Australian Business Number (ABN);
Registered address;
Names and addresses of company directors;
Details of the contact person for the application including:
· Name;
· Office/Title;
· Telephone;
· Office;
· Mobile;
· Facsimile;
· Email.
The applicant’s level of responsibility for the making of the film;
[NB: In the A$15 million and A$50 million category, the applicant must be responsible for making, or arranging for the making of, the film in its entirety. In the A$50 million or more category, the applicant must be responsible for all production activities undertaken in Australia.]
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.
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.
Other information (where applicable)
If available, and where relevant to the film project, the following details should be provided:
Registered name and ABN of production company;
Registered address of production company;
Names and addresses of production company directors;
Details of all providers of goods/services that are used in the making of the film where the provider(s) are associated with the applicant or any of its associate companies;
Details of any company or companies from whom the applicant has taken over the making of a film (for the purposes of section 376‑70 of the Act).
Part B Documents to be attached to an application for a provisional certificate
Declaration in the form in Schedule 4 signed by or on behalf of the applicant;
If available, evidence that the applicant is an Australian resident or, if it is not an Australian resident, has a permanent establishment in Australia and has an ABN;
Evidence that the copyright in promotional material claimed as qualifying Australian production expenditure is held by a qualified person (within the meaning of section 32 of the Copyright Act 1968).
Schedule 2
(rule 25)
Part A Information to be included in an application for a certificate
Information about the applicant company
Registered name of company;
Australian Business Number (ABN);
Registered address;
Names and addresses of company directors;
Details of the contact person for the application including:
· Name;
· Office/Title;
· Telephone;
· Office;
· Mobile;
· Facsimile;
· Email;
The applicant’s level of responsibility for the making of the film;
[NB: In the A$15 million and A$50 million category, the applicant must be responsible for making, or arranging for the making of, the film in its entirety. In the A$50 million or more category, the applicant must be responsible for all production activities undertaken in Australia.]
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:
othe 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.
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.
Other information
Details of any company or companies from whom the applicant has taken over the making of a film (for the purposes of section 376‑70 of the Act);
These companies are to be identified in the application form with the relevant legal agreement attached;
Details of all providers of goods/services that are used in the making of the film where the provider(s) are associated with the applicant or any of its associate companies.
Part B Documents to be attached to an application for a certificate
Declaration signed by or on behalf of the applicant in the form in Schedule 4;
Details of advances, fees and residuals (where advances are non-recoverable from the payee and residuals paid out to cast before the film’s completion are included in total production expenditure);
Evidence that the applicant is an Australian resident or, if it is not an Australian resident, has a permanent establishment in Australia and has an ABN;
Any agreement relating to:
·
the responsibility of the applicant for production of the film (either responsibility for all the activities required to make the film (including internationally) or responsibility for all the activities required to make
the film in Australia (including responsibility for costs incurred by
non-Australian companies for activities in Australia);
· the establishment of the applicant production company;
· transfer of film production responsibility from a previous production company or companies (for the purposes of section 376‑70 of the Act);
· transfer of ownership of copyright in the film (where purchase of Australian copyright is being claimed as qualifying Australian production expenditure); and
· distribution/exhibition of the completed film (including any letter of confirmation of the distribution/exhibition agreement).
Evidence that the copyright in promotional material claimed as qualifying Australian production expenditure is held by a qualified person (within the meaning of section 32 of the Copyright Act 1968);
Schedule 3 Auditor’s statement
The Program Manager
Refundable Film Tax Offset
Department of Communications,
Information Technology, and the Arts
GPO Box 2154
CANBERRA ACT 2601
We have examined the attached statement of production expenditure in so far as it relates to the making of the film entitled ______________________________ (“the schedule”).
We confirm that the auditor responsible for the preparation of this report is a registered auditor under the Corporations Act 2001 and is not an officer, employee or partner of the applicant, or of a related body corporate of the applicant.
The applicant is responsible for the preparation of the expenditure statement. It is our responsibility to form an independent opinion, based on our examination, on the expenditure statement referred to below and to report our opinion to you.
Basis of opinion: We conducted our audit in accordance with the Australian Auditing Standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial information is free of material misstatement.
We have received all the information and documents necessary to enable us to ascertain the amount of production expenditure and qualifying Australian production expenditure (as defined in Division 376 of the Income Tax Assessment Act 1997).
Our work included examining, on a test basis, evidence supporting the amounts and disclosures in the expenditure statement, and the presentation of that statement.
On the basis of such examination, we report that in our opinion [strike out whichever paragraph is inapplicable]:
[For films in the Aus $15 million — $50 million category]
(a) the total of the company’s qualifying Australian production expenditure is Aus $________________, and that this amount represents _______% of the total production expenditure for the film;
[For films in the Aus $50 million or more category]
(b) the total of the company’s qualifying Australian production expenditure on the film is Aus $_______________.
In our opinion, the statement presents fairly, in all material respects, the production costs of the film entitled _______________________ for the period ended ____________ in accordance with generally accepted accounting principles.
[Signed by partner]
[for Auditor]
[Dated]
Schedule 4 Statutory declaration
I,(1) , do solemnly and sincerely
declare on behalf of (2)
that the information contained in the application for a provisional certificate/certificate, and the documents attached to it, is correct and true in every particular and I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.
(3)
Declared at
on the day of
Before me,
(4)
(5)
(1) Here insert name, address and office held in the applicant of person making the declaration. This person should be authorised to make the declaration on behalf of the applicant.
(2) Name of applicant.
(3) Signature of person making the declaration.
(4) Signature of person before whom the declaration is made.
(5) Here insert title of person before whom the declaration is made.
(6) Note: A penalty of imprisonment for 4 years applies to the offence of making a false statement in a statutory declaration.
Notes to the Refundable Film Tax Offset Rules 2002
Note 1
The Refundable Film Tax Offset Rules 2002 (in force under section 376‑105 of the Income Tax Assessment Act 1997) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
| Title | Date of notification | Date of | Application, saving or |
| Refundable Film Tax Offset Rules 2002 | 26 June 2002 (see Gazette 2002, No. S219) | 26 June 2002 | |
| Refundable Film Tax Offset Rules 2002 (Amendment No. 1 of 2003) | 12 Feb 2003 (see Gazette 2003, No. S36) | 12 Feb 2003 | — |
| Refundable Film Tax Offset Rules 2002 (Amendment No. 1 of 2006) | 5 Sept 2006 (see F2006L02966) | 6 Sept 2006 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Part 1 | |
| Note to r. 4............................. | rs. 2006 No. 1 |
| Part 2 | |
| Note to r. 6............................. | rs. 2003 No. 1 |
| Part 3 | |
| Note to r. 19 (1).................... | rs. 2003 No. 1 |
| R. 20....................................... | am. 2006 No. 1 |
| R. 21....................................... | am. 2003 No. 1 |
| R. 23....................................... | am. 2003 No. 1 |
| Part 4 | |
| R. 25....................................... | am. 2003 No. 1; 2006 No. 1 |
| R. 26....................................... | am. 2006 No. 1 |
| R. 31....................................... | rep. 2006 No. 1 |
| Schedule 1 | |
| Schedule 1............................ | am. 2003 No. 1; 2006 No. 1 |
| Schedule 2 | |
| Schedule 2............................ | am. 2003 No. 1; 2006 No. 1 |
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