AUSTRALIA                                         

Official text of the Canada-Australia Treaty (17 K)


Signed July 23, 1990

Please take note that this summary is simply a reference tool and that you must comply with the complete terms of the applicable treaty(ies) (see link above) and with Telefilm Canada’s Audiovisual Coproduction guidelines

MEDIA
Film & Television.

MINIMUM PARTICIPATION
Bipartite: 30% – Annex (8)
Multipartite: Annex (4c)

SHOOTING AND PERFORMERS – VERSIONING
Annex (5)
Co-production films shall be made and processed in their entirety up to the creation of the answer print in Australia and/or Canada and/or where there is a third co-producer, in that co-producer’s country (and dubbing may be carried out in Australia and/or in Canada and/or, where there is a third co-producer, in that co-producer’s country). The majority of this work shall normally be carried out in the country of the co-producer which has the major financial participation. The competent authorities shall have the power to approve location filming in a country other than the countries of the participating co-producers.

Annex (6)
Individuals participating in the making of co-production films shall be nationals or residents of Australia, Canada or, where there is a third co-producer, citizens of that co-producer’s country. In exceptional circumstances, where script or financing dictates but subject always to the approval of the competent authorities, internationally recognized performers from other countries may be engaged. The engagement of such performers shall be restricted and, as a general rule, performers from the participating co-production countries shall be engaged in the production.

Where the competent authorities have approved location filming in a country other than that of the participating co-producers, citizens of that country may be employed as crowd artists, in small roles, or as additional employees whose services are necessary for the location work to be undertaken.

LAB WORK
No specific requirement.

COPRODUCTION AGREEMENT (ANNEX 11)
In accordance with the Films Co-productions Agreement between the Government of Canada and the Government of Australia, the coproduction agreement should:

  1. provide that a sufficient number of copies of the final protection and reproduction material used in the production be made for all the co-producers. Each co-producer shall be the owner of a copy of the protection and reproduction material and shall be entitled to use it to make the necessary reproductions. Moreover, each co-producer shall have access to the original production material in accordance with the conditions agreed upon between the co-producers;
  2. set out the financial liability of each co-producer’s for costs incurred:
    • in preparing a project which is refused conditional approval as a coproduction film by the competent authorities;
    • in making a film which has been given such conditional approval and fails to comply with the conditions of such approval; or
    • in making an approved co-production film, permission for whose public exhibition is withheld in any of the countries of the co-producers;
  3. set out the arrangements regarding the division between the co-producers of the receipts from the exploitation of the film, including those from export markets;
  4. specify the dates by which their respective contributions to the production of that film shall have been completed;
  5. provide of the sharing of the copyright.

IMPORTANT: please also consult List of essential elements required in an audiovisual coproduction agreement