Provisional approval

Producers should apply for provisional approval when finance is committed, but before pre-production commences.

Provisional co-production status will be granted to the Australian co-producer if Screen Australia is satisfied that:

• there is a producer from each country (the co-producers);
  
• a co-producers’ agreement is in place (or is at least in draft form) between the co-producers that outlines the responsibilities and rights of each co-producer and fulfils all the requirements of the relevant co-production arrangement/s;
  
• the financial contribution of each co-producer is secure and committed, including where relevant, the minimum contribution of a third-party co-producer;
  
• the Australian producer’s financial contribution is reasonably similar proportionally to its Australian creative contribution, based on the points test; and
• the Australian producer’s financial contribution is reasonably similar proportionally to the spend on Australian elements.
  

The Committee will decide whether the project complies with the guidelines, the relevant co-production arrangement/s and the overarching principle of balance over time.

Consultation will take place between Screen Australia and the foreign competent authority/ies.

The provisional approval will be valid for two years from the date of the approval and principal photography must have commenced before the provisional approval lapses. If principal photography has not commenced two years from the date of approval and the project is still going ahead, a new provisional application will need to be submitted to Screen Australia for approval.

Provisional approval as an official co-production will enable a production to apply for, but does not automatically guarantee, Screen Australia funding through the Production Investment Department. Provisional approval will also allow a production to ‘by-pass’ the ‘significant Australian content’ (SAC) test for provisional certification for the Producer Offset (although the applicant will have to meet other criteria in order to qualify for the Producer Offset).

As part of the provisional approval process, the Australian co-producer must execute a formal undertaking so that Screen Australia can be satisfied that the project will be completed according to the terms of the approval (see Producer’s Undertaking).

Significant changes to the creative and/or financial contributions of the co-producers may affect compliance with the co-production arrangement. Failure to obtain the approval of Screen Australia in relation to any proposed material change may result in refusal of the final approval. Screen Australia must be kept informed of any such proposed changes as soon as possible.