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Guidelines |
| 4 | Overriding Principle |
| 5 | Supply of Prints |
| 6 | Flexibility of Trading Terms |
| 7 | Supply of Trailers & Advertising |
| 8 | |
| 9 | Terms of Trade |
| 10 | Exhibition Obligations |
8 |
Supply of Information |
| 8.1 |
Each distributor shall, within four (4) working days (seven (7) working days where Section 5.3 applies) after a written request
by an exhibitor who has been refused supply of a print or of the trailer and/or advertising materials for a film, provide such
exhibitor in writing with such information as is reasonably requested to demonstrate to which criteria in Sections 5.1 and 5.2
it has had regard in determining whether to supply such exhibitor with a print in first run, second run, or for an advance
screening, or at all, as the case may be or, as applicable, in determining whether to supply such exhibitor with the trailer and/or
advertising material. Where such criteria have included box office returns relating to a competitor exhibitor, the
distributor will supply such information to the exhibitor where reasonabley requested. The distributor must not
disclose information relating to an exhibitor which is not a signatory to the Code. By signing this Code exhibitors
agree to the provision of information under this Section 8.1. The distributor must not disclose confidential financial
data of an exhibitor except for box-office returns. Nothing in this Code shall require a distributor to provide an
exhibitor with box office returns relating to an exhibitor who has withheld the relevant box office returns from that distributor
under Section 8.6.
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| 8.2 |
Each distributor shall, periodically and as soon as is reasonably practicable, give reasonable details of its proposed
upcoming product and release dates to all exhibitors by publication in appropriate media, except to those it considers ineligible
for supply of a print pursuant to Section 10.6. Publication on the distributor's website or in film industry
publications generally distributed throughout Australia will constitute publication in appropriate media for the purposes of this Section.
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| 8.3 |
Prior to the booking deadline for a film, each distributor shall notify each exhibitor to whom it has offered, or to whom it
intends to offer, a print of a film, of its intended terms of supply. The terms of supply shall include the
booking deadline, rental, season and session terms, any applicble bonds or guarantees and any relevant promotional opportunities
relating to the film. The terms of supply shall also include, where possible, the running time and classification of
the film provided that, if the distributor is unable to provide details of the running time and/or the classification of a film
prior to the booking deadline, then
8.3.1 the distributor will provide that information to each such exhibitor as soon as possible after it is known by the distributor; 8.3.2 if so requested by any such exhibitor, the distributor will provide its estimate of the running time and/or its expectation of the classification of the film to the exhibitor on the basis that the exhibitor will have no recourse whatsoever against the distributor if the information provided proves to be inaccurate; and 8.3.3 if an exhibitor schedules a film for screening relying on information provided by a distributor pursuant to Section 8.3.2, which information subsequently proves to be materially inaccurate, and the exhibitor will be demonstrably adversely affected because the information is materially inaccurate, then the parties will negotiate in good faith with a view to minimising the adverse impact on the exhibitor (but the exhibitor will not, in any event, have any recourse against the distributor because the information provided by the distributor proves to be inaccurate). |
| 8.4 |
Where a distributor supplies a film to an exhibitor for exhibition, both the exhibitor and distributor will, on request, supply
information to each other on the nature and extent of promotional and media activities in relation to the release of that film
on a confidential basis.
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| 8.5 |
Each exhibitor shall upon request, make available to any distributor who is a signatory to the Code, cinema-by-cinema and
film-by-film box office receipts.
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| 8.6 |
Subject to each exhibitor's contractual obligations with each distributor, an exhibitor may withhold box office returns requested
under Section 8.5 if that exhibitor reasonably determines that the supply of that information will result in a competitor receiving
an unfair competitive advantage.
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| 8.7 |
If an exhibitor does not accept a print offered by a distributor under Section 8.3, upon request by that distributor the exhibitor
will inform that distributor of the reasons why that exhibitor has chosen not to accept the print.
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Download the Code
Download the Signatory Application/Update Form (MS Word format)