PRODUCER'S UNDERTAKING

Screen Australia is responsible for ensuring that approved official co-productions are made and completed within the terms of Screen Australia’s approval.

Each Australian co-producer must execute a formal undertaking, the major points of which are:

• the co-producer must obtain Screen Australia’s prior approval to any amendment or alteration to the approved casting, crewing, credits, locations, facilities, schedules and budgets and any other Australian element included in the producer’s application and/or in Screen Australia’s written terms of approval;
  
• the co-producer must obtain Screen Australia’s approval of the full credits for the film, both front and end, prior to their design and shooting (rostrum, live action or computer).
  

If a co-producer fails to comply with the undertaking or if an unauthorised deviation occurs from the original terms of co-production approval, the following may occur:

• Screen Australia may revoke co-production approval for the project;
  
• the project may be ineligible for its final Producer Offset certificate.
  

The undertaking is attached to the provisional approval application form.

Co-productions and the Producer Offset

Approved co-productions are eligible to access the Producer Offset under the Income Tax Assessment Act 1997, andare not required to satisfy the ‘significant Australian content’ test. A Fact Sheet explaining the interaction between the Producer Offset and official co-productions is available at www.screenaustralia.gov.au/coproduction.

Projects with provisional co-production approval can also apply for a provisional certificate for the Producer Offset to assist in raising finance. New application forms allow Australian co-producers to apply for both provisional co-production approval and provisional Producer Offset certification at the same time, should they wish to do so. This would incur the normal application fee charged for provisional Producer Offset certificates. (There is no charge for co-production applications by themselves.)

Co-production projects seeking to receive the Producer Offset after completion must obtain a final certificate for the Producer Offset. Again, new application forms allow Australian co-producers to apply for final co-production approval and final Producer Offset certification at the same time if they wish to do so. Please note that a final certificate for the Producer Offset cannot be issued until Screen Australia has received proof of final co-production approval from all relevant competent authorities.

Further, the Producer Offset has separate and distinct criteria to those for co-production approval, and co-producers should consult the Producer Offset website for further information. A Fact Sheet: Producer Offset and Co-Productions (PDF) is also available.

Production investment from Screen Australia

Official co-productions are eligible to apply for production investment from Screen Australia. However, Screen Australia’s production investment funds are limited and applicants should be aware that investment decisions are competitive. In order to apply for production investment, the Australian co-producer must have received a letter of preliminary compliance or provisional approval.

Please see www.screenaustralia.gov.au/production for further information.