30‑30 Meaning of arm’s length considerat30‑30 Meaning of arm’s length consideration

#### 30‑30 Meaning of arm’s length consideration (1) The arm’s length consideration for a \*supply is the amount that would reasonably be expected to be received or receivable by the miner as consideration for the supply if: (a) the miner made the supply under an agreement between the miner and another \*entity; and (b) they were dealing wholly independently with one another in relation to the supply. (2) The method used to determine that amount is to be the method that produces the most appropriate and reliable measure of that amount having regard to: (a) the miner’s circumstances, including, but not limited to, the functions performed, assets used, and risks borne by the miner in carrying on its \*mining operations, \*transformative operations and \*resource marketing operations for the mining project interest; and (b) the available information. (3) However, if it is not possible to work out the arm’s length consideration in accordance with subsections (1) and (2), the arm’s length consideration for a \*supply is the amount that is, in the Commissioner’s opinion, fair and reasonable.