Document ID: chunk:federal_register_of_legislation:F2024L00964:reg:27:p2
Version: federal_register_of_legislation:F2024L00964
Segment Type: reg
Provision Reference: reg 27 (pt 2/2)
Character Range: 57911–59536

between the relevant transaction and the other transaction that arose only because:
 (a) the parties to the other transaction dealt with each other at arm's length in relation to the other transaction; but
 (b) the parties to the relevant transaction did not deal with each other at arm's length in relation to the relevant transaction.
 (6) The Commissioner may be satisfied that the other transaction is comparable to the relevant transaction even if:
 (a) the parties to the other transaction dealt with each other at arm's length in relation to the other transaction; but
 (b) the parties to the relevant transaction did not deal with each other at arm's length in relation to the relevant transaction.

Relevant markets
 (7) In determining, for the purposes of paragraph (1)(c), whether a market is a relevant market, the Commissioner must have regard to the following:
 (a) the demand and supply characteristics of the market, including:
 (i) the composition of sales gas sold in the market; and
 (ii) geographic differences between the production facilities and the product delivery point of the sales gas sold in the market; and
 (iii) the end use for the sales gas sold in the market;
 (b) the terms of contracts usual in the market, including volumes, discounts, exchange exposures and other relevant conditions that would reasonably be considered to affect the price;
 (c) market strategies;
 (d) the existence of spot sales (including market penetration sales) below or above marginal cost;
 (e) processing costs;
 (f) technology used in processing;
 (g) any other factors that it would be reasonable to consider.