International Co-Production Program: Application for Provisional Co-Production Approval

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International Co-Production Program: Application for Provisional Co-Production Approval

OFFICE USE ONLY

Date of Receipt: / /

Reference No: CP.

INTERNATIONAL CO-PRODUCTION PROGRAM: APPLICATION FOR PROVISIONAL CO-PRODUCTION APPROVAL

THIS FORM MUST BE COMPLETED USING MICROSOFT WORD. The fields expand as you type. You can use the tab key to jump to the next field.

PROJECT TITLE: AKA TITLE/S:

AUSTRALIAN PRODUCER:

PARTNER COUNTRY 1:

PARTNER COUNTRY 2: (if applicable)

CO-PRODUCTION

ARRANGEMENT/S UTILISED:

Minimum financial and creative % (Partner Country 1) contribution/s required (as per Arrangement/s) % (Partner Country 2, if applicable)

Are you also submitting a Producer Offset Provisional Certification Application? Yes No

If yes, please go to https://screenaustralia.smartygrants.com.au/provisionalapplication to lodge an application.

SUBMITTING YOUR APPLICATION  All documents should be submitted in soft copy only via: https://ftp2.screenaustralia.gov.au/dropbox/POCU  Please ensure all attachments requested on the checklist at the back of this application form are supplied and are correctly named. Incomplete applications will not be accepted.  Please include a cover letter outlining any particular elements of the application that may require special consideration as this will assist in the assessment process.

ASSESSMENT OF YOUR APPLICATION  Allow up to 6 weeks for a complete application to be assessed.

 Enquiries: Phone: +61 2 8113 1042 Toll free: 1800 213 099 - [email protected]

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 1 INTRODUCTION

The Producer Offset legislation uses the term ‘film’ to refer to all formats of production. To avoid confusion, throughout this application form, the term ‘project’ is used to include feature films, telemovies, television drama series, documentaries and animation. A co-production is a project which has been made under an Arrangement (ie a Treaty or Memorandum of Understanding) with a partner country, and has been approved as an official co-production by the Competent Authority nominated in each country. You should not complete this application form without first reading the relevant Arrangement and Screen Australia’s International Co-production Program Guidelines, available at www. screenaustralia .gov.au/coproduction. Please note that:  The approval of an official co-production does not guarantee financing from Screen Australia. A separate application should be made to Screen Australia in line with its existing funding guidelines and procedures.  Screen Australia reserves the right to provide details of a project’s co-production arrangements to government organisations which require this information in order to consider an application for finance. I HAVE READ:  Screen Australia’s International Co-production Program Guidelines Yes  The relevant Arrangement/s utilised Yes  Producer Offset and Co-production fact sheet (if relevant) Yes Please refer to www.screenaustralia.gov.au/coproduction for the documents listed above.

1 PROJECT INFORMATION

ONE-PARAGRAPH SYNOPSIS Provide a brief synopsis of the project (this field is limited to 700 characters):

ATTACHMENTS: As per the checklist on page 10, you must also attach: 1. A one-page synopsis (if the project is a series, a synopsis of each episode of the series as well as any overall synopsis of the series must be provided). 2. A copy of the project script or bible.

PROJECT INFORMATION (CONTINUED)

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 2 FORMAT Please select format:

Feature film Running time (in minutes):

Feature film (large format – ie: IMAX) Running time (in minutes):

Single-episode programs (except short-form animation*)

Single-episode program (other than documentary) Running time (in minutes):

Single-episode program (documentary) Running time (in minutes):

Season of a series (except short-form animation*)

Season of a series (drama/animation) OR Season of a series (documentary)

Short-form animation* * ie an animated drama or documentary program of one episode or a collection of episodes, of not less than one commercial quarter hour in total duration.

No. episodes: x actual episode length mins = total actual running time mins

 NOTE: If you are also applying for Producer Offset provisional certification, be aware that there are eligibility requirements relating to format and duration.

LANGUAGE Language(s) in which a direct sound recording of the project will be made:

STOCK FOOTAGE Note that at least 90% of the footage included in the project must be specifically shot for the project.

If any archival or stock footage is to be used, state estimated playing time: minutes

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 3 2 CO-PRODUCERS

Please provide details for all co-producers (continue on a separate sheet if necessary). AUSTRALIAN PRODUCER DETAILS

Company name

NB: this is the company that is party to the co-producers’ agreement and might not be the same as the applicant company for the Producer Offset.

ABN

Country under the laws of which

the company is incorporated

Individual producer

Contact person for this

application (name, role)

Business telephone Fax

Mobile

Email

Registered address

State Postcode

Business/mailing address

State Postcode

Address to send provisional

approval to State Postcode

Australian production company directors: Name Citizenship Residency

Beneficial owners of shares in the Australian production company: Name Citizenship Residency

ATTACHMENT: 3. As per the checklist on page 10, you must also attach an ASIC search, detailing ABN, registered address, and names and addresses of company directors for the Australian production company. CO-PRODUCERS (CONTINUED)

CO-PRODUCER DETAILS

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 4 Company name

Individual producer

Country under the laws of which

the company is incorporated

Registered business address

Email

Nationalit Name of company secretary: y

Nationalit Company directors: Name y

Nationalit Name y

Nationalit Name y

Nationalit Name y

Nationalit Name y

Third co-producer details (if a three-way co-production)

Company name

Individual producer

Country under the laws of which

the company is incorporated

Registered business address

Email

Name of company secretary: Nationality

Company directors: Name Nationality

Name Nationality

Name Nationality

Name Nationality

Name Nationality

ATTACHMENTS: As per the checklist on page 10, you must also attach: 4. Presentation credits for the project 5. A copy of the Co-producers’ Agreement, including all provisions required by the relevant Arrangement/s.

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 5 3 CREATIVE AND FINANCIAL CONTRIBUTIONS

 NOTE: The Producer Offset and Co-production Unit has created an interactive Co-production Eligibility Tool to assist with the calculation of the Australian financial and creative contributions, which you should download from the Screen Australia website. Please fill in the sections below using the data from the Co-production Eligibility Tool.

FINANCE AND SPEND Total budget A$ A

Australian co-producer’s financial contribution: A$ % of budget: B

Co-producer’s financial contribution A$ % of budget: C (Partner Country 1 from page 1):

Third co-producer’s financial contribution A$ % of budget: D (Partner Country 2 from page 1 – if applicable)

Total amount spent on Australian elements of the A$ % of budget: E project (whether in Australia or overseas):

POINTS TEST Australian Points: of (total % of Australian points) Points:

NOTES ON FINANCE AND SPEND:  The total budget (A) should be the sum of B, C and D.  The percentage of the budget spent on Australian elements of the co-production (E) must be reasonably equivalent to the Australian financial contribution (B). Some leeway is permitted in meeting this requirement: the proportion of expenditure on Australian elements can be up to 5 per cent less than the financial contribution of the Australian co-producer. This means, for example, that if the Australian financial contribution is 60 per cent, the expenditure on Australian elements must be at least 55 per cent of the total budget.  In all cases, all co-producers’ financial contributions must not be less than the minimum required by the relevant Arrangement (typically 20 per cent or 30 per cent).

NOTES ON POINTS TEST: To assess the creative contribution of Australians to the co-production, a system of allocating ‘Australian Points’ is used. As a proportion of total points, the Australian Points must:  Meet the relevant Arrangement’s minimum, and  Be reasonably equivalent to the Australian financial contribution (B as above). You should be aware that:  An individual who holds dual citizenship must be consistently treated as one or the other nationality, but cannot be both.  Splitting of points may be approved on a case-by-case basis (for example, where each co-producing country has one writer each engaged on a television series).  Revoicing or narrating in the language of each co-production country will result in the points being split.

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 6  For feature films and television drama, if the project is a majority Australian co-production (ie Australian financial contribution is greater than 50 per cent), at least one of the four lead roles must be filled by an Australian national or permanent resident (ie there must be at least one point for key cast).  Where relevant, for cast, ensure the four principal roles are listed in order of size of role. Screen Australia will assess role size on the basis of a line count, unless you are able to satisfy us that some other method should be used for this project (for example, where the lead role is mute).  If you wish to include the ‘other point’, you must demonstrate that the role in question is particularly important for the project. For example, if your project is a martial arts feature, it may be possible for you to allocate a point to the fight choreographer; or for a musical, to the musical director or choreographer. If you do claim an ‘other point’ – please attach a brief statement justifying its use.

ATTACHMENTS: 6. As per the checklist on page 10, you must also attach a complete budget in Australian dollars, with the Australian and co-producer elements and their costs clearly identified. Expenditure on third country elements (eg location filming) must also be clearly identified. 7. Please attach the completed Co-production Eligibility Tool. 8. Please attach copies of all financing documentation substantiating the finance plan as listed above, at least in the form of a Letter of Interest. 9. If applicable, please attach a brief justification statement in support of your allocation of the ‘Other’ point claimed.

4 NON-PARTY PERSONNEL

Personnel must be nationals* of Australia or the co-producing country/ies. There are very few exceptions to this rule. For permitted exceptions, see the International Co-production Program Guidelines, under ‘Personnel: General Rule and Exceptions’. Where a name is not yet available for some key personnel, Screen Australia may be prepared to accept only the nationality initially. Complete details must be provided as soon as they are available and, in any event, before shooting commences. Please list all personnel that are not nationals or permanent residents of the co-producing countries. Please list executive producers, other heads of department, principal cast, and other lead technicians and craftspeople not mentioned in the Co-production Eligibility Tool.

Credit/Role Name Nationality*

 NOTE: * You must list the country of which the person is a citizen or permanent resident.

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 7 5 PRODUCTION SCHEDULE

Date of commencement of principal photography (or for an animation, the date the production of the animated image commenced):

Date of anticipated completion of the project:

Date of anticipated application for a final approval:

Please complete the production schedule below. Production stage Total Dates Weeks in Weeks in Weeks in Non-party weeks Australia partner non-party country each (DD/MM/YY – country country stage DD/MM/YY) Research &

Development Pre-production

Principal Photography

Post-production: Edit Post-production:

Sound Post-production: CGI Post-production:

Music Post-production: Mix Total Post-production*

* This may not be a cumulative total of the above as some tasks may have been undertaken at the same time. Total number of production weeks

(highlighted cells only; do not include research & development)

ATTACHMENT: 10. If the above table doesn’t allow for the specifics of your project please also attach a narrative.

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 8 PRODUCER’S UNDERTAKING

UNDERTAKING IN RESPECT OF OFFICIAL CO-PRODUCTION FILM GIVEN TO SCREEN AUSTRALIA AUSTRALIAN PRODUCTION COMPANY: PROJECT TITLE: CO-PRODUCTION COUNTRY/IES: PERCENTAGE OF AUSTRALIAN CREATIVE CONTRIBUTION: (percentage of Australian Points as outlined in section A3): % NAME OF INDIVIDUAL GIVING UNDERTAKING:

I declare, to the best of my knowledge and belief after taking all reasonable steps to determine the accuracy, that: 1. I am a director of the Australian production company and authorised to give these declarations and undertakings. 2. The Australian production company is not linked by common management, ownership or control (except to the extent that is inherent in the production) to the overseas co-production entity. 3. At least 90 per cent of the footage included in the project will be specifically shot for the project.

Personal Undertaking I undertake that: 1. I will give Screen Australia a copy of the final cast and crew lists for the project (including nationality and residency details) before the first day of principal photography of the project. 2. I will ensure that there is a separate credit title in the project as follows: “[majority country] - [minority country] Co-production”. 3. I will get Screen Australia’s written approval before changing any of the details on which Official Co-production status was approved. 4. I understand and acknowledge that this includes changes to:  principal cast and crew  overall balance of nationalities of cast and crew  budget payments  locations  financial and distribution arrangements. I also understand and acknowledge that if, in the sole opinion of Screen Australia, any change results in the Australian contribution to the co-production dropping below the minimum required under the relevant treaty or MOU, the project may lose its Australian status as an Official Co-production. I acknowledge that this application form contains personal information and that Screen Australia will manage this information in accordance with the Screen Australia Privacy Policy and the Privacy Act 1988. I have read and understand Screen Australia’s Privacy Policy. I have obtained the consent of all individuals named in this form to provide Screen Australia with the personal information about them in the form, and confirm that I have made them aware that this information will be managed in accordance with Screen Australia’s Privacy Policy and the Privacy Act 1988.

Signature …………………………………………………………………………… Date …………………………………………………………………………………

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 9 SUPPORTING DOCUMENTATION CHECKLIST INSTRUCTIONS  Please confirm by marking the boxes below that the relevant attachments have been submitted.  SOFT COPY documents should be named as indicated in the checklist.  Projects will not be assessed until a complete application is received.

______Completed application form. filename: Application Form - [Project Name].doc or .docx (Word format only; not PDF) Attached Cover letter. filename: Cover letter - [Project name].doc or .docx (Word or PDF) Attached Not applicable

PROJECT INFORMATION 1. One page synopsis. filename: Synopsis - One Page - [Project Name].doc or .docx (Word format only ; not PDF) Attached

2. Outline of episodes. filename: Outline of Episodes - [Project Name].doc, .docx or .pdf Attached Not applicable

3. Copy of the script or bible. filename: Script - [Project Name].doc, .docx or .pdf Attached Not applicable

CO-PRODUCERS 4. ASIC search, detailing ABN, registered address, and names and addresses of company directors for the Australian production company. filename: ASIC Company Statement - Applicant Company - [Company name] - [Project Name].doc, .docx or .pdf Attached

5. Presentation credits. filename: Presentation Credits - [Project Name].doc, .docx or .pdf Attached

6. A copy of the draft Co-producers’ Agreement, including all provisions required by the relevant Arrangement/s. filename: Co-Producers Agreement - [Project Name].doc, .docx or .pdf Attached

CREATIVE AND FINANCIAL CONTRIBUTIONS 7. A complete budget in Australian dollars, with the Australian and foreign co-producer elements and their costs clearly identified. Expenditure on third country elements (eg location filming) must also be clearly identified. filename: Budget - [Project Name].doc, .docx or .pdf Attached

8. Completed Co-production Eligibility Tool. filename: Eligibility Tool - [Project Name].doc, .docx or .pdf Attached

9. Copy of all documents substantiating all aspects of the finance plan, at least in the form of a Letter of Interest. filename: Finance Document - [Source of Finance] - [Project Name].doc, .docx or .pdf Attached

10. If applicable, justification for the inclusion of ‘other’ roles as claimed in the Co-production Eligibility Tool. filename: Other Role Justification - [Project Name].doc, .docx or .pdf Attached Not applicable

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 10 PRODUCTION SCHEDULE 11. If applicable, a narrative detailing the specifics of your production schedule. filename: Production Schedule Narrative - [Project Name].doc, .docx or .pdf Attached Not applicable

OTHER DOCUMENTATION 12. A signed copy of the producer’s undertaking (see page 9 of this application form). filename: Producers Undertaking - [Project Name].pdf Attached

13. Statutory declaration certifying that all information provided is true and correct (see page 12 of this application form). filename: Statutory Declaration - [Project Name].pdf Attached

Additional attachments are required if you are also applying for Producer Offset provisional certification.

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 11 STATUTORY DECLARATION

I, ______, ______, (Name of Authorised signatory on behalf of the applicant company, Role of Authorised Signature of ______

______, (address of Authorised signatory,) do solemnly and sincerely declare on behalf of

______(Name of applicant company) that the information contained in the application for Final Approval as an official Co-production, 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.

Signature of applicant ______

Declared at ______

On the ______day of ______, 20___

Before me,

Signature ______

Name ______(please print full name)

Qualification ______

Address ______

______

Note: A penalty of imprisonment for four years applies to the offence of making a false statement in a Statutory Declaration.

A full list of prescribed persons before whom a Statutory Declaration may be made is available from the Department while the legislation governing this provision can be sourced online from the Federal Government’s legal information retrieval database at http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx

CO-PRODUCTION PROVISIONAL APPLICATION FORM – August 2017 12

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