33When the residual pricing method can be applied

33  When the residual pricing method can be applied  (1) A cost‑plus price and netback price (and the related RPM price) can be worked out by applying the residual pricing method only if information is available about the direct costs (other than marketing and selling costs) associated with the relevant operation that were incurred:  (a) by all participants in the operation; and  (b) for the relevant year of tax and previous financial years. Note 1: If the information is not available, then section 29 will apply. Note 2: The residual pricing method identifies: (a) the pooled costs of the operation attributable to the project product; and (b) the personal costs of the taxpayer attributable to the taxpayer’s share of project product. Note 3: These pooled costs are used to work out the major element of the cost‑plus and netback prices, and will be the same for each taxpayer participating in the operation. In contrast, the personal costs are used only to work out a minor element of the netback price, and will vary for each taxpayer. Note 4: These pooled costs and personal costs are used to work out the taxpayer’s cost‑plus price and netback price, which are then used to work out the RPM price under section 28. Note 5: If the participants in the operation pay a commercial tolling fee in consideration of the carrying out of one or more actions mentioned in section 8, a cost‑plus price and netback price (and the related RPM price) may be able to be worked out even if information is not available about the costs incurred in carrying out the action or actions (see subsection 35(5), which provides that certain costs are not to be treated as costs associated with the relevant operation).  (2) Despite anything else in this Part, a cost‑plus price and netback price (and the related RPM price) cannot be worked out for a taxpayer who is a participant in a relevant operation in an assessment year if:  (a) there is a tolling arrangement in effect in relation to the relevant operation at any time in the assessment year; and  (b) an amount or amounts are paid under the tolling arrangement in consideration of the carrying out of one or more actions mentioned in section 8 in relation to project product of the relevant operation; and  (c) the amount or amounts are not a commercial tolling fee. Note 1: If an RPM price cannot be worked out because of this subsection, then section 29 will apply. Note 2: See also section 20 (tolling arrangements and commercial tolling fees).