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Footnotes

Chapter 1 Introduction

[1] Esso Australia Resources Pty Ltd v The Commissioner for Taxation [2011] FCA 360, para 222.

[2] The Hon. Wayne Swan MP, Explanatory Memorandum to the Tax Laws Amendment (2011 Measures No. 8) Bill 2011 and the Pay As You Go Withholding Non-compliance Tax Bill 2011, 2011, pp. 16-17.

[3] Discussion drawn from the Explanatory Memorandum for the Tax Laws Amendment (2011 Measures No. 8) Bill 2011 and the Pay As You Go Withholding Non-compliance Tax Bill 2011.

[4] Mr Craig Emerson, ‘The More Oils Change, the More They Stay the Same’ The Australian, 7 May 2010, p. 14; Mr Richard Webb, ‘Crude Oil Excise and Royalties’, Department of the Parliamentary Library, Research Note 29, 2000-01.

[5] APPEA, Submission 1, p. 1.

[6] Department of Resources, Energy and Tourism, ‘The History of Petroleum Resource Rent Tax (PRRT)’ <http://www.ret.gov.au/resources/enhancing/taxation/prrt/Pages/ TheHistoryofPetroleumResourceRentTax(PRRT).aspx> viewed 17 October 2011.

[7] Mr James O’Toole, Treasury, Committee Hansard, Canberra, 27 October 2011, p. 6; Mr Stuart Brown, ExxonMobil Australia, Committee Hansard, Canberra, 27 October 2011, p. 13.

[8] Mr Richard Webb, ‘Petroleum Resource Rent Tax (PRRT)’ Department of the Parliamentary Library, Research Note 20, 2000-01.

[9] Mr Stuart Brown, ExxonMobil, Committee Hansard, Canberra, 27 October 2011, p. 10.

[10] The Hon. Wayne Swan MP and Senator the Hon. Penny Wong, Budget Measures, Budget Paper No. 2, 2011-12, 10 May 2011, p. 40.

[11] Mr Perry Williams, ‘ExxonMobil comes out swinging’ The Australian Financial Review, 12 May 2011, p. 19.

[12] Federal Court of Australia, ‘Appeals and Related Actions in the Federal Court’, <http://www.fedcourt.gov.au/ctlists/ctlists_appeals.html> viewed 17 October 2011.

[15] Mr Nick Sherry (then Assistant Treasurer) Crackdown on Phoenix Activity, a press release of 13 November, 2009.

[16] Mr Mark Konza, Deputy Commissioner, Small and Medium Enterprises, ATO, Joint Committee of Public Account and Audit, Biannual Hearing with the Commissioner of Taxation: Hansard, Friday 23 October 2009 pp. 8-9 and Mr Bruce Quigley, Second Commissioner, ATO, ibid, pp. 26-27.

[17] Mr Mark Konza, Deputy Commissioner, Small and Medium Enterprises, ATO, Joint Committee of Public Account and Audit, Biannual Hearing with the Commissioner of Taxation: Hansard, 23 October 2009, Friday 23 October 2009, p. 24.

[18] The Inspector-General of Taxation, The Review into the ATO’s administration of the Superannuation Guarantee Charge: A report to the Assistant Treasurer, March 2010, p. 3.

[19] The IGT, The Review into the ATO’s administration of the Superannuation Guarantee Charge, March 2010, p. 4.

[20] The IGT, The Review into the ATO’s administration of the Superannuation Guarantee Charge, March 2010, p. 4.

[21] The IGT, The Review into the ATO’s administration of the Superannuation Guarantee Charge, March 2010, p. 5.

[22] The IGT, The Review into the ATO’s administration of the Superannuation Guarantee Charge, March 2010, p. 6.

[23] The IGT, The Review into the ATO’s administration of the Superannuation Guarantee Charge, March 2010, p. 14.

[24] See Action Against Fraudulent Phoenix Activity, November 2009 and is available at: <http://www.treasury.gov.au/contentitem.asp?NavId=037&ContentID=1647>.

[25] The Australian Institute of Company Directors, submission to the Treasury, December 2009. All of the submissions that were not confidential are available at: <http://www.treasury.gov.au/contentitem.asp?ContentID=1892&NavID=037>.

[26] Law Council of Australia (Corporations Law Committee), submission to Treasury, November 2009, pp. 1-2.

[27] Law Council of Australia (Insolvency and Reconstruction Law Committee), submission to the Treasury, March 2010, p. 2.

[28] Law Council of Australia (Taxation Law Committee), submission to the Treasury, February 2010, p. 3.

Chapter 2 Analysis of the Bills

[1] Hon. Mr Wayne Swan MP, Deputy Prime Minister and Treasurer, Explanatory Memorandum, 2011, p. 16.

[2] Hon. Mr Wayne Swan MP, Deputy Prime Minister and Treasurer, Explanatory Memorandum, 2011, pp. 16-17.

[3] Mr James O’Toole, Treasury, Committee Hansard, Canberra, 27 October 2011, p. 2.

[4] Senator the Hon. Peter Walsh, Minister representing the Treasurer, Explanatory Memorandum, 28 April 1987, p. 4.

[5] Exhibit 1, p. 9.

[6] Treasury, Submission 17.1, p. 4.

[7] Mr Stuart Brown, ExxonMobil, Committee Hansard, Canberra, 27 October 2011, p. 10.

[8] Treasury, Submission 17.1, p. 5.

[9] Mr Stuart Brown, ExxonMobil, Committee Hansard, Canberra, 27 October 2011, pp. 13-14.

[10] Mr Stuart Brown, ExxonMobil, Committee Hansard, Canberra, 27 October 2011, p. 9.

[11] Mr Paul McCullough, Treasury, Committee Hansard, Canberra, 27 October 2011, p. 6.

[12] For example, the Law Council of Australia, Submission 3, p. 1; ICAA, Submission 10, p. 2; the Business Council of Australia, Submission 2, p. 1; the Australian Petroleum Production and Exploration Association, Submission 1, p. 3.

[13] Mr Stuart Brown, ExxonMobil, Committee Hansard, Canberra, 27 October 2011, p. 12.

[14] Mr Yasser El-Ansary, ICAA, Committee Hansard, Canberra, 27 October 2011, p. 20; Ms Teresa Dyson, Law Council of Australia, Committee Hansard, Canberra, 27 October 2011, p. 22.

[15] Law Council of Australia, Submission 3, p. 2.

[16] Mr Paul McCullough, Treasury, Committee Hansard, Canberra, 27 October 2011, p. 2.

[17] Ms Teresa Dyson, Law Council of Australia, Committee Hansard, Canberra, 27 October 2011, p. 22.

[18] Treasury, Submission 17.1, p. 6.

[19] Tax Institute, Submission 4, p. 2; ExxonMobil, Submission 7, p. [7]; ICAA, Submission 10, p. 2.

[20] Mr John Dashwood, ExxonMobil, Committee Hansard, Canberra, 27 October 2011, p. 15.

[21] Mr Peter Strong, COSBOA, Committee Hansard, Canberra, 27 October 2011, p. 43.

[22] Professor Bob Baxt, AO, Australian Institute of Company Directors, Committee Hansard, Canberra, 27 October 2011, p. 32-34.

[23] Mr Peter Strong, COSBOA, Committee Hansard, Canberra, 27 October 2011, p. 43.

[24] ICAA, Submission 10, p. 4.

[26] Mr Peter Strong, COSBOA, Committee Hansard, Canberra, 27 October, 2011, p. 45.

[27] Australian Institute of Company Directors, Submission 10, p. 2.

[28] Professor Bob Baxt, AO, Australian Institute of Company Directors, Committee Hansard, Canberra, 27 October 2011, p. 36.

[29] Mr Haydn Daw, Treasury, Committee Hansard, Canberra, 27 October 2011, p. 27.

[30] Mr Grant Darmanin, ATO, Committee Hansard, Canberra, 27 October 2011, p. 31.

[31] See item 6 in the Tax Laws Amendment (2011 Measures No. 8) Bill 2011.

[32] Professor Bob Baxt AO, Australian Institute of Company Directors, Committee Hansard, Canberra, 27 October 2011, p. 40.

[33] Mr Yasser El-Ansary, ICAA, Committee Hansard, Canberra, 27 October 2011, p. 24.

[34] Mr Peter Strong, COSBOA, Committee Hansard, Canberra, 27 October 2011, pp. 43-44.

[35] Mrs Geraldine Panfilo, ATO, Committee Hansard, Canberra, 27 October 2011, p. 28. Mrs Panfilo’s testimony on this point is further elaborated on pp. 30 -31.

[36] Mr Peter Strong, COSBOA, Committee Hansard, Canberra, 27 October 2011, pp. 45-46.

[37] Mr Peter Strong, COSBOA, Committee Hansard, Canberra, 27 October 2011, pp. 43-44.

[38] Treasury, Submission 17, p. 1.

[39] Textile Clothing and Footwear Union of Australia, Submission 16, pp. 3-4.

[40] Mr Michael Bradshaw, Treasury, Committee Hansard, Canberra, 27 October 2011, p. 31.

[41] Mrs Geraldine Panfilo, ATO, Committee Hansard, Canberra, 27 October 2011, p. 34.

[42] Mrs Geraldine Panfilo, ATO, Committee Hansard, Canberra, 27 October 2011, p. 28.

[43] Mrs Geraldine Panfilo, ATO, Committee Hansard, Canberra, 27 October 2011, p. 28.

[44] Mr Grant Darmanin, ATO, Committee Hansard, Canberra, 27 October 2011, p. 31.