Who are we?
The Business Affairs team manages the deals and underlying contracts (in conjunction with SBS Legal) for all parts of SBS’ commissioning and distribution businesses.

Contact:
Chris Irvine
Head of Business Affairs
Commissioning and Distribution
E: Chris.Irvine@sbs.com.au

Alastair McKinnon
Business Affairs Manager
Commissioning and Distribution
E: Alastair.McKinnon@sbs.com.au


SBS Contracting (Commissioning Content)

Contracting is never quite the same for any 2 given programs, but it usually follows a uniform pattern:

1. Commissioning Approval
2. Letter Of Offer
3. Long Form Contracts
4. Conditions Precedent
5. Cashflow

Commissioning Approval
The SBS Commissioning Committee meets monthly to consider whether to approve the commissioning of programs for development or production.

Offer Letters
Once your program is green-lit for either development or production by the SBS Commissioning Committee, you should expect to receive a formal letter of offer from Business Affairs. We strive to get these offers out as quickly as possible, keeping in mind the requirements of screen agency funding rounds.

The offer letter is a non-binding deal memo setting out the key commercial terms of the deal.

Whilst we are happy to respond to queries and comments on our offer terms, an SBS offer to develop or produce a program is usually open for a limited timeframe.  Once an offer lapses (unless the deadline is mutually extended) the funds allotted to that project will be reallocated.

Long Form Contracts
Once the offer is agreed and counter-signed, SBS will issue a long form contract tailored to your program. SBS recommends that producers seek legal advice before agreeing to any terms.

The long form contract must be fully executed and all of its conditions satisfied before SBS will make any drawdown towards the production (or development) costs.

In addition to SBS’ long form agreement, we will usually review third party agreements at this stage to make sure the rights are in place and that the finance plan conforms to the SBS Codes of Practice and Editorial Guidelines (which you can find here).

Conditions Precedent
Each long form contract will set out a number of conditions which are attached to SBS’ offer to finance your program. These might include (amongst other things) SBS approving a particular access agreement, release or investment contract.

Those conditions must be satisfied before SBS will draw-down on its development advance or licence fee/investment.

Cashflow
Once all the conditions are satisfied SBS will commence cash flow in accordance with the terms of the long form contract.


Invoicing SBS

All invoices and payment queries should be addressed to the following email address: sbscc@sbs.com.au

Please note that tax invoices addressed to SBS must comply with the following protocol:

SBS Details
All invoices must be addressed to SBS as follows.

Special Broadcasting Service Corporation
14 Herbert Street
Artarmon, NSW, 2064
ABN: 91 314 398 574

Please remember to include the SBS ABN as we can’t accept invoices that omit it.

Production Company Details
Ideally invoices will be presented on the letterhead of the producing company.  Remember if you are using a SPV company (Special Purpose Vehicle) the invoice must be presented by that SPV.

In any event, the Invoice must clearly set out the Name, Address and ABN of the invoicing party.

Again, please remember to include the relevant production company ABN as we can’t accept invoices that omit it.

Amount
An invoice will only be approved for payment where it directly (and accurately) reflects payment obligations which SBS has assumed under a long form agreement.

Account details
The account details for payment must match the account details in the long form agreement