Guidelines
Eligibility

Participants

Participants in the making of the film must be nationals or permanent residents of Australia or the co-producing country/ies. (But note comments below with respect to European and New Zealand nationals.) The terms ‘nationals’ and ‘permanent residents’ are defined in the relevant co-production arrangement.

Exceptions to this rule exist for location filming, and key cast. Depending on the arrangement, a limited contribution to the screenplay may also be made by a writer from outside the co-producing countries (see below).

Generally, credited roles which are not creative or technical roles and are not part of the making of the film, such as executive producers and assistants, need not be from the co-producing countries.

Screenwriters

The screenplay must be attributed to a writer or writers who are nationals or permanent residents of one of the co-producing countries.

Subject to the terms of the relevant co-production arrangement, a writer who is not a national or permanent resident of one of the co-producing countries can contribute to the screenplay, provided that the person is not a credited writer of the screenplay (as that term is understood by the Australian Writers’ Guild or equivalent organisation).

This flexibility can only apply where the relevant co-production arrangement permits it. As of 1 October 2010, the following co-production arrangements permit such flexibility:

  • Ireland and Israel: Generally, the people involved in the making of the film must be from the co-producing countries, but these treaties permit the competent authorities to agree that screenwriters from non-party countries may be involved in the making of the film.
  • New Zealand: Generally, the people involved in the making of the film must be from the co-producing countries, but the MOU permits the competent authorities to agree that screenwriters from non-party countries may be involved in the making of the film.
  • France: The MOU is silent on the involvement of screenwriters, so approval is at the discretion of the competent authorities.

Key cast

Most co-production arrangements to which Australia is a party allow the use of one or a small number of actors from countries other than the co-producing countries where the following criteria are met:

  • the script (for example, for reasons of ethnicity of character) or financing (for example, where financiers demand a certain cast-member) dictates their involvement;
  • the competent authorities approve the request; and
  • only in exceptional circumstances.

This must be supported by documentation. The table below outlines how the various co-production arrangements provide for this issue.

Italy, Germany, Ireland, Israel, New Zealand, Singapore, South Africa, UK

In exceptional circumstance, where script or financing dictates, but subject always to the approval of the competent authorities, restricted performers from non-party countries may be engaged.

Canada

As above

but only internationally recognised performers

France

Silent on non party country performers

Australian co-producers should note that it is a requirement of these guidelines that in all majority Australian co-productions (ie where the Australian financial participation is greater than 50 per cent) which are feature films or television drama, at least one of the four lead roles must be cast with an Australian actor.

European nationals

Generally, nationals or permanent residents of one EU Member State are considered to be nationals or permanent residents of all the others.

This means that, for co-productions between Australia and the UK, Ireland, Italy or Germany, a person from any other EU country is considered to be a national of the co-producing country for the purposes of the relevant treaty and these guidelines. In the case of France, where the arrangement is an MOU, producers should contact the French competent authority, the CNC, regarding the treatment of other European nationals.

There are currently 27 EU Member States, which are listed at europa.eu/abc/european_countries/eu_members/index_en.htm.

NZ nationals

Similarly, under the terms of an agreement between Screen Australia and its New Zealand equivalent, the New Zealand Film Commission, Australians and New Zealanders receive mutual recognition in co-productions. This means that New Zealand nationals or permanent residents are considered to be Australians when working on official co-productions (and vice versa).

This cannot apply to an Australia–New Zealand co-production, in which case Australians will only be considered to be Australians, and New Zealanders considered New Zealanders.