Esso Australia Resources Pty Ltd v Commissioner of Taxation (includes corrigendum dated 20 April 2012)

• 1. Taxation
  2. › Petroleum resource rent tax
  3. › Assessable petroleum receipts
  4. › Marketable petroleum commodity
  5. › Excluded commodity
  6. › Whether assessable petroleum receipts ascertained at net sale price or at earlier point in production process
  7. › When a product is 'produced'
  8. › Concept of 'marketability'
  9. › Petroleum Resource Rent Tax Assessment Act 1987 (Cth), s 24
• 1. Statutory Interpretation
  2. › Extrinsic materials
  3. › Ordinary meaning conveyed by text
  4. › Context of the Act
  5. › Legislative history
  6. › Whether meaning of defined term can be construed by reference to its definition
  7. › Petroleum Resource Rent Tax Assessment Act 1987 (Cth)
  8. › Acts Interpretation Act 1901 (Cth), s 15AB
• 1. Contract
  2. › Gas supply agreements
  3. › Take or pay provisions
  4. › Shortfall payments
  5. › Whether shortfall payments were consideration for sale of gas or for failure to take gas
  6. › Make Up Gas entitlements
• 1. Taxation
  2. › Petroleum resource rent tax
  3. › Assessable petroleum receipts
  4. › Consideration receivable in relation to sale
  5. › Whether payments for variation of delivery terms were consideration in relation to sale of gas
  6. › Petroleum Resource Rent Tax Assessment Act 1987 (Cth), s 24(b)

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