Veterans’ Affairs (Legislative Instrument Re-making Exercise) Instrument 2014

made under subsection 105(2) of the

Veterans’ Entitlements Act 1986

Compilation No. 6 

Compilation date: 4 March 2025

Includes amendments: F2025L00273

About this compilation

This compilation

This is a compilation of the Veterans’ Affairs (Legislative Instrument Re-making Exercise) Instrument 2014 that shows the text of the law as amended and in force on 4 March 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Australian Government

Veterans’ Affairs (Legislative Instrument Re-making Exercise) Instrument 2014

Instrument 2014 No. R62

Name

[1] This instrument is the Veterans’ Affairs (Legislative Instrument Re-making Exercise) Instrument 2014.

Saving Provisions

[3] A process commenced under a legislative instrument revoked and re-made by this instrument but not completed at the time this instrument takes effect, continues under the legislative instrument as re-made.

[4] Nothing in this instrument affects any right or liability in a person under a legislative instrument revoked and re-made by this instrument and that right or liability continues under the legislative instrument as re-made.

Note: see also, as a complementary provision, s.7 of the Acts Interpretation Act 1901 in conjunction with s.13(1)(a) of the Legislative Instruments Act 2003.

Schedule 1

Note: the reference to Schedule 1 is not part of the instrument in Schedule 1.

Vehicle Assistance Scheme

Vehicle Assistance Scheme

CONTENTS

PART 1 —COMMENCEMENT........................................8

1.1 Commencement....................................................8

PART 2 — INTRODUCTION..........................................8

2.1 Purpose of the Vehicle Assistance Scheme...............................8

2.2 Interpretation.......................................................8

2.2.1  Definitions.......................................................8

2.2.2  Notes...........................................................10

2.2.3  References to provisions............................................10

2.3 General operation of the Scheme......................................10

2.3.1  Scope of the Scheme...............................................10

2.4 Application for approval to participate in the Scheme......................10

2.4.1  Who may participate in the Scheme...................................10

2.4.2  When an application is taken to be made...............................10

2.4.3  Documents to accompany application.................................10

2.4.4  Commission must consider all relevant matters..........................11

2.4.5  Commission may require an undertaking...............................11

2.4.6  Compliance with the Scheme........................................11

2.5 Failure to comply with provisions of the Scheme.........................11

2.5.1  Disqualification from receiving assistance under the Scheme...............11

PART 3 — ELIGIBILITY............................................11

3.1 Eligibility........................................................11

3.2 Capacity to derive benefit from assistance...............................11

3.2.1  Criteria to “derive benefit” if veteran can drive..........................11

3.2.2  Criteria to “derive benefit” for initial grant if veteran cannot drive...........11

3.2.3  Criteria to “derive benefit” for a replacement motor vehicle if veteran cannot drive12

PART 4 — CONDITIONS APPLICABLE TO THE PROVISION OF AN INITIAL MOTOR VEHICLE......12

4.1 Provision of an initial motor vehicle....................................12

4.1.1  Grant of financial assistance.........................................12

4.1.2  Initial motor vehicle to meet certain requirements........................12

4.1.3  Amount of grant..................................................13

4.1.4  Motor vehicle from another scheme...................................13

4.2 General conditions.................................................13

4.2.1  Requirements when granted an initial motor vehicle......................13

4.2.2  Ownership of motor vehicle.........................................13

4.2.3  Ineligibility for further assistance.....................................13

4.2.4  Eligibility following theft or destruction of the motor vehicle...............13

4.2.5  Expenses relating to the sale of motor vehicle...........................13

PART 5 — RUNNING AND MAINTENANCE ALLOWANCE.............14

5.1 General conditions.................................................14

5.1.1  Grant of running and maintenance allowance...........................14

5.1.2  Purpose of the allowance...........................................14

5.1.3  Documents to be provided each year..................................14

5.1.4  Documents to be provided upon request................................14

5.1.5  Rate of allowance.................................................14

5.1.6  Not eligible for allowance if in receipt of other mobility benefits............14

PART 6 — GRANTS................................................14

6.1 General conditions.................................................14

6.1.1  Grants that may be provided.........................................14

6.1.2  Amount of grant..................................................15

6.1.3  Documents to be provided..........................................15

6.2 Driving devices and modifications grant................................15

6.2.1  Purpose of the grant...............................................15

6.2.2  Requirements to be satisfied before grant made..........................15

6.2.3  Direct payment to motor vehicle dealer................................15

6.2.4  Grant not to be approved if benefit received under other law or contract......15

6.3 Replacement motor vehicle grant......................................15

6.3.1  Purpose of the grant...............................................15

6.3.2  Grant may be made two years after initial motor vehicle grant..............16

6.3.3  Trade-in or sale of previous motor vehicle..............................16

6.3.4  Replacement motor vehicle grant if previous motor vehicle stolen or destroyed.16

6.3.5  Not eligible for grant if received another motor vehicle....................16

PART 7 — REVIEW OF DECISIONS.................................16

7.1 Review by the Commission..........................................16

7.1.1  Who may seek a review............................................16

7.1.2  Making a request for review.........................................17

7.1.3  Review by the Commission of its own motion...........................17

7.1.4  Delegate must not review own decision................................17

PART 8 — DETERMINATION OF CLAIMS AND DELEGATION OF POWERS......17

8.1 Determination of claims and applications for review.......................17

8.2 Delegation of powers...............................................17

8.2.1  Delegation.......................................................17

8.2.2  Power exercised by delegate.........................................17

8.2.3  Commission may exercise power itself................................17

PART 9 — TRANSITIONAL PROVISIONS............................17

9.1 Transitional provisions..............................................17

9.1.1  Eligible veterans under the former Scheme.............................17

9.1.2  Transfer of the Commonwealth’s interest in a motor vehicle................18

9.1.3  Obligations under the former Scheme.................................18

Schedule One.......................................................18

Financial Assistance for an Initial Motor Vehicle...............................18

Maximum value of an initial motor vehicle..................................18

Placing the order and authorisation of payment...............................18

Retail price greater than maximum value....................................18

Where more than the maximum value can be authorised........................18

Payment by Commonwealth only a contribution..............................18

Schedule Two......................................................19

Running and Maintenance Allowance........................................19

Rate of the allowance...................................................19

Schedule Three.....................................................19

Replacement Motor Vehicle Grant...........................................19

Maximum replacement motor vehicle grant..................................19

Placing the order for the replacement motor vehicle...........................19

Where price of replacement motor vehicle exceeds maximum grant...............19

Where more than the maximum grant can be authorised........................19

Payment by Commonwealth only a contribution..............................20

Vehicle Assistance Scheme

Repatriation Commission

Section 105
Veterans’ Entitlements Act 1986

PART 1 —COMMENCEMENT

1.1 Commencement

1.1.1 This instrument commences when the Veterans’ Affairs (Legislative Instrument Re-making Exercise) Instrument 2014 commences.

PART 2 — INTRODUCTION

2.1 Purpose of the Vehicle Assistance Scheme

2.1.1 The purpose of the Vehicle Assistance Scheme is to assist eligible veterans with the provision of a suitable motor vehicle and to assist with the running, maintenance, and replacement of a motor vehicle that has been provided under this Scheme.

2.2 Interpretation

2.2.1  Definitions

2.2.1 For the purposes of this instrument, unless the contrary intention appears:

“the Act” means the Veterans’ Entitlements Act 1986 as amended from time to time;

“Commission” means the Repatriation Commission continued in existence by section 179 of the Act;

“Department” means the Commonwealth Department of Veterans’ Affairs

“derive benefit from assistance” has the meaning given by paragraph 3.2.1, 3.2.2 or 3.2.3 of the Scheme;

“eligible veteran” means a veteran who is eligible to participate in the Scheme because of incapacity from war-caused injury or disease as specified in sub-sections 105 (5) and 105 (7) of the Act;

Note 1: Subsections 105 (5) and 105 (7) provide:

105 (5) A veteran is, subject to subsection (7), eligible to participate in the Vehicle Assistance Scheme if the veteran is incapacitated from war-caused injury or war-caused disease by reason of:

   (a) amputation of both legs above the knee;

   (b) amputation of one leg above the knee and, in addition:

       (i) amputation of the other leg at or above the ankle and amputation of one arm at or above the wrist; or

      (ii)  amputation of both arms at or above the wrists;

   (c) complete paraplegia resulting in the total loss of voluntary power in both legs to the extent that there is insufficient power for purposeful use for stance or locomotion; or

   (d) a condition that, in the opinion of the Commission, is similar in effect or severity to a condition described in paragraph (a) or (b).

 105 (7) For the purposes of subsection (5):

   (a) a leg that has been rendered permanently and wholly useless above the knee shall be treated as if it had been amputated above the knee;

   (b) a veteran shall not be taken to be incapacitated by reason of the disability described in paragraph (5) (c) unless the disability is such that surgical or other therapeutic measures are not reasonably capable of restoring power for purposeful use for stance or locomotion; and

   (c) a reference to the Vehicle Assistance Scheme shall, unless the contrary intention appears, be read as a reference to:

 (i) the Vehicle Assistance Scheme prepared under subsection (1) and approved by the Minister, but not being such a Scheme that has been revoked; or

 (ii) if that Scheme has been varied under subsection (2) by an instrument approved by the Minister—that Scheme as so varied.

Note 2: Section 96 of the Act provides that for the purposes of this Scheme “veteran” is to be read as including a reference to a member of the Forces or a member of a Peacekeeping Force as defined in section 68 of the Act.

“former Scheme” means the Vehicle Assistance Scheme (Instrument 1997 No. 1);

“initial motor vehicle” means a motor vehicle for the purchase of which the Commission has granted financial assistance to a veteran under paragraph 4.1.1 of the Scheme;

“previous motor vehicle” means the last motor vehicle for the purchase of which the Commission has granted financial assistance to a veteran under this Scheme;

“replacement motor vehicle” means a motor vehicle for the purchase of which the Commission has granted financial assistance to a veteran under paragraph 6.1.1 of the Scheme;

“running and maintenance allowance” means an allowance paid annually under paragraph 5.1.1 of the Scheme to an eligible veteran to assist with the cost of running and maintaining a motor vehicle provided under the Scheme;

“Scheme” means this Vehicle Assistance Scheme, determined by the Commission and approved by the Minister in accordance with section 105 of the Act;

“war-caused” includes “defence-caused” as provided for in section 96 of the Act.

2.2.2  Notes

2.2.2 In this Scheme if a Note follows a paragraph or subparagraph, the Note is taken to be part of that paragraph or subparagraph, as the case may be.

2.2.3  References to provisions

2.2.3 In this Scheme, any reference to a Part, paragraph, subparagraph or schedule shall, unless a contrary intention appears, be taken to be a reference to that Part, paragraph, subparagraph or schedule of the Scheme.

2.3 General operation of the Scheme

2.3.1  Scope of the Scheme

2.3.1 This Scheme permits the Commission, in specified circumstances, to grant an eligible veteran:

 (a) financial assistance to purchase an initial motor vehicle; or

 (b) financial assistance to purchase a replacement motor  vehicle; and

 (c) in respect of an initial or replacement motor vehicle:

(i) a running and maintenance allowance; and

(ii) one or more driving devices and modifications grants.

2.4 Application for approval to participate in the Scheme

2.4.1  Who may participate in the Scheme

2.4.1 A veteran who satisfies the eligibility criteria in paragraph 3.1.1 may apply to participate in the Scheme by making an application in writing and in accordance with a form approved by the Commission for that purpose.

2.4.2  When an application is taken to be made

2.4.2 For the purpose of this Scheme, an application will only be taken to have been made when it is received at an office of the Department in Australia.

2.4.3  Documents to accompany application

2.4.3 The application must be accompanied by such certificates and other documentation as are required to be furnished by this Scheme.

2.4.4  Commission must consider all relevant matters

2.4.4 When the application is submitted to the Commission, the Commission must consider all matters that are relevant to the application and must then determine the application.

2.4.5  Commission may require an undertaking

2.4.5 The Commission may require a veteran who is provided with any assistance under the Scheme to give a written undertaking to comply with the conditions set out in the Scheme.

2.4.6  Compliance with the Scheme

2.4.6 The conditions set out in the Scheme must be complied with notwithstanding that a written undertaking has not been given in accordance with paragraph 2.4.5.

2.5 Failure to comply with provisions of the Scheme

2.5.1  Disqualification from receiving assistance under the Scheme

2.5.1 Where a veteran has failed, without reasonable excuse, to comply with a provision of the Scheme, the veteran shall be disqualified from receiving any assistance under the Scheme for a period of ten years from the time of the failure to comply.

PART 3 — ELIGIBILITY

3.1 Eligibility

3.1.1 A veteran is eligible for assistance under this Scheme only if the Commission is satisfied that the veteran is:

(a) an eligible veteran; and

 (b) the veteran can derive benefit from assistance under the  Scheme.

Note: Whether a veteran can “derive benefit” is determined under paragraph 3.2.1, 3.2.2 or 3.2.3 of the Scheme.

3.2 Capacity to derive benefit from assistance

3.2.1  Criteria to “derive benefit” if veteran can drive

3.2.1 For the purposes of determining an application for financial assistance towards an initial motor vehicle or a replacement motor vehicle, if an eligible veteran can personally drive the motor vehicle, the Commission will be satisfied that the veteran can derive benefit from assistance under the Scheme only if the veteran:

 (a) will benefit directly from using the motor     vehicle; and

 (b) holds a valid driver’s licence; and

 (c) will be able to drive the motor vehicle in  reasonable  comfort and safety; and

 (d) will drive the motor vehicle regularly.

3.2.2  Criteria to “derive benefit” for initial grant if veteran cannot drive

3.2.2 For the purposes of determining an application for financial assistance towards an initial motor vehicle, if an eligible veteran cannot personally drive the motor vehicle, the Commission will be satisfied that the veteran can derive benefit from assistance under the Scheme only if:

 (a) the veteran has a partner or carer who:

 (i) holds a valid driver’s licence; and

 (ii) is willing and able to drive the motor  vehicle; and

 (b) the veteran is capable of being readily transported  in the  motor vehicle; and

 (c) the veteran will be transported in the motor  vehicle  regularly by the person referred to in subparagraph (a).

3.2.3  Criteria to “derive benefit” for a replacement motor vehicle if veteran cannot drive

3.2.3 For the purposes of determining an application for financial assistance towards a replacement motor vehicle, if an eligible veteran cannot personally drive the motor vehicle the Commission will be satisfied that the veteran can derive benefit from assistance under the Scheme only if:

 (a) the veteran has a partner or carer who:

 (i) holds a valid driver’s licence; and

(ii) is willing and able to drive the  motor vehicle; and

either:

(b) the veteran will be regularly transported in the motor vehicle and in reasonable comfort and safety; or

 (c) the partner or carer will regularly drive the motor vehicle to  visit the eligible veteran at the veteran’s permanent or               temporary place of residence (not being the residence of the               partner or carer).

PART 4 — CONDITIONS APPLICABLE TO THE PROVISION OF AN INITIAL MOTOR VEHICLE

4.1 Provision of an initial motor vehicle

4.1.1  Grant of financial assistance

4.1.1 Subject to paragraphs 4.1.2 to 4.1.4 and the conditions set out in Schedule One, the Commission may grant financial assistance to an eligible veteran to purchase an initial motor vehicle of the veteran’s own choice.

4.1.2  Initial motor vehicle to meet certain requirements 

4.1.2 An initial motor vehicle:

 (a) must be a new motor vehicle; and

(b) must be registered under the relevant law of the State or Territory in which the veteran resides in the name of the veteran to whom financial assistance is granted; and

 (c) must not be provided to a veteran who has previously been  provided with financial assistance to purchase an initial               motor vehicle under the Scheme.

Note: Paragraph 9.1.1 of the Scheme deems a veteran who has been provided with an initial motor vehicle under the former Scheme to have been provided with that motor vehicle under this Scheme.

4.1.3  Amount of grant

4.1.3 The financial assistance payable in respect of an initial motor vehicle is an amount calculated in accordance with the procedure set out in Schedule One and is granted subject to the conditions of this Scheme, including the conditions set out in that Schedule.

4.1.4  Motor vehicle from another scheme

4.1.4 A veteran is not to be granted financial assistance to purchase an initial motor vehicle under this Scheme if the veteran has received, or has an enforceable claim to receive, a motor vehicle under any other scheme of compensation or in settlement of a claim for damages.

4.2 General conditions

4.2.1  Requirements when granted an initial motor vehicle

4.2.1 A veteran who has obtained an initial motor vehicle under the Scheme must:

 (a) register the motor vehicle; and

(b) comprehensively insure the motor vehicle to its full market value.

Note: The requirements for registration are set out in subparagraph 4.1.2(b)

4.2.2  Ownership of motor vehicle

4.2.2 Upon compliance with paragraph 4.2.1, the Commonwealth is taken to be divested of any and every interest in the initial motor vehicle.

4.2.3  Ineligibility for further assistance

4.2.3 The Commission may determine that a veteran is ineligible for further assistance under the Scheme if:

 (a) the eligible veteran ceases to derive benefit from assistance  that has been granted under the Scheme unless the               Commission is satisfied that there are exceptional               circumstances justifying the provision of continued               assistance under the Scheme to the veteran; or

Note: To determine if a veteran has ceased to derive benefit from assistance under the Scheme refer to paragraphs 3.2.1, 3.2.2 and 3.2.3.

(b) the veteran sells or otherwise disposes of an initial motor  vehicle and no replacement motor vehicle grant is provided               under Part 6; or

(c) the motor vehicle is stolen or destroyed and the veteran was  at fault, in whole or in part, in causing or permitting the               vehicle to be stolen or destroyed.

4.2.4  Eligibility following theft or destruction of the motor vehicle

4.2.4 If a motor vehicle provided to a veteran has been stolen or destroyed through no fault of the veteran, the veteran is eligible to apply for a replacement motor vehicle grant under the Scheme.

4.2.5  Expenses relating to the sale of motor vehicle

4.2.5 If a veteran sells a motor vehicle acquired under the Scheme, the Commonwealth shall not be liable for any expenses relating to that sale.

PART 5 — RUNNING AND MAINTENANCE ALLOWANCE

5.1 General conditions

5.1.1  Grant of running and maintenance allowance

5.1.1 The Commission may grant an annual running and maintenance allowance to an eligible veteran who has been provided with an initial or replacement motor vehicle under the Scheme.

Note: For provisions relating to replacement motor vehicles see Part 6 of the Scheme.

5.1.2  Purpose of the allowance

5.1.2 The purpose of the running and maintenance allowance is to assist eligible veterans with the cost of motor registration, motor vehicle insurance, and other incidental costs related to the running and maintenance of motor vehicles for which assistance has been granted under the Scheme.

5.1.3  Documents to be provided each year

5.1.3 A veteran to whom a running and maintenance allowance has been granted must present to the Department, each year, a currently valid:

 (a) motor vehicle registration certificate; and

 (b) compulsory third party motor vehicle insurance certificate;   and

 (c) comprehensive motor vehicle insurance certificate  specifying that the motor vehicle is insured for its full               market value; and

 (d) driver’s licence in the name of the person who regularly  drives the motor vehicle.

5.1.4  Documents to be provided upon request

5.1.4 If a running and maintenance allowance has been granted to an eligible veteran under the Scheme, the veteran must, if requested,  provide to the Department the following:

 (a) documentary evidence showing that the purposes and conditions of the allowance have been and will continue to be met; and

 (b) documentary evidence of the actual expenditure incurred on items for which the allowance was made.

5.1.5  Rate of allowance

5.1.5 The maximum rate of running and maintenance allowance is set out in Schedule Two.

5.1.6  Not eligible for allowance if in receipt of other mobility benefits

5.1.6 A running and maintenance allowance is not to be granted or paid under this Part if the veteran is receiving:

 (a) a Mobility Allowance paid in accordance with Part 2.21 of the  Social Security Act 1991; or

 (b) a payment or any other benefit for mobility related disabilities  under any other law or contract.

PART 6 — GRANTS

6.1 General conditions

6.1.1  Grants that may be provided

6.1.1 Subject to this Part, the Commission may grant to an eligible veteran either or both:

 (a) a driving devices and modifications grant; and

 (b) a replacement motor vehicle grant.

6.1.2  Amount of grant

6.1.2 The amount of the grant that may be made under paragraph 6.1.1 is an amount that the Commission considers is reasonable, in all the circumstances of the case, having regard to all relevant matters, which may include:

 (a) the nature of the incapacity of the veteran from war-caused  injury, or war-caused disease, or both; and

 (b) the nature of the proposed driving devices or modifications; and

 (c) whether there are alternative suitable driving devices or  modifications that are reasonably available and cost               effective; and

 (d) whether there are alternative providers of suitable driving  devices or modifications that are reasonably accessible and               cost effective.

6.1.3  Documents to be provided

6.1.3 If a grant has been made to an eligible veteran under the Scheme, the veteran must, if requested, provide to the Department the following:

 (a) documentary evidence showing that the purposes and conditions  of the grant have been and will continue to be met; and

 (b) documentary evidence of the actual expenditure incurred on  items for which the grant was made.

6.2 Driving devices and modifications grant

6.2.1  Purpose of the grant

6.2.1 The purpose of a driving devices and modifications grant is to enable the purchasing and fitting of necessary driving devices and other modifications to an initial or replacement motor vehicle provided to a veteran under the Scheme.

6.2.2  Requirements to be satisfied before grant made

6.2.2 The Commission may grant an eligible veteran a driving devices and modifications grant only if the proposed driving devices and modifications are necessary to enable the veteran to drive safely, or be transported safely in the motor vehicle, in reasonable comfort.

6.2.3  Direct payment to motor vehicle dealer

6.2.3 The Commonwealth shall pay the supplying motor vehicle dealer directly for the provision and fitting of any necessary driving devices and modifications that the Commission has approved.

6.2.4  Grant not to be approved if benefit received under other law or contract

6.2.4 The Commission shall not approve the payment of necessary driving devices and modifications on any motor vehicle provided under the Scheme if the veteran has received a benefit under any other law or contract which provides for the fitting of such devices or modifications.

6.3 Replacement motor vehicle grant

6.3.1  Purpose of the grant

6.3.1 The purpose of a replacement motor vehicle grant is to make some financial contribution towards the cost of a motor vehicle purchased to replace either an initial motor vehicle or a replacement motor vehicle for which assistance has been granted to a veteran under the Scheme.

6.3.2  Grant may be made two years after initial motor vehicle grant

6.3.2 Subject to paragraph 4.2.4, a replacement motor vehicle grant may only be made after the two years immediately following the provision of an initial motor vehicle or a replacement motor vehicle grant under the Scheme and must be registered in the name of the veteran to whom financial assistance has been granted.

Note: Paragraph 4.2.4 provides that if a motor vehicle provided to a veteran has been stolen or destroyed through no fault of the veteran, the veteran is eligible to apply for a replacement motor vehicle grant under the Scheme.

6.3.3  Trade-in or sale of previous motor vehicle

6.3.3 Unless the previous motor vehicle was stolen or destroyed, a replacement motor vehicle grant may be granted to a veteran only if:

 (a) a veteran trades-in or sells:

 (i) an initial motor vehicle in respect of which financial  assistance has been granted under the Scheme; or

  (ii) a replacement motor vehicle; and

 (b) documentary evidence of the trade-in valuation for the  motor vehicle traded-in is provided to the Department; and

 (c) the full trade-in value or sale price is offset against the cost  of the replacement motor vehicle.

6.3.4  Replacement motor vehicle grant if previous motor vehicle stolen or destroyed

6.3.4 If the previous motor vehicle was stolen or destroyed, a veteran may be provided with a replacement motor vehicle grant only if:

 (a) documentary evidence of the amount of the insurer’s write- off  payment is provided to the Department; and

 (b) the full amount of the insurer’s write-off payment is used   towards the cost of the replacement motor vehicle.

6.3.5  Not eligible for grant if received another motor vehicle

6.3.5 A replacement motor vehicle grant is not to be made under this Part if the veteran has, since obtaining the initial motor vehicle, received:

 (a) a payment for the purchase of a motor vehicle; or

 (b) a motor vehicle;

under any other law or contract.

PART 7 — REVIEW OF DECISIONS

7.1 Review by the Commission

7.1.1  Who may seek a review

7.1.1 If a veteran is dissatisfied with any decision of the Commission in respect of a claim for assistance under the Scheme, the veteran may apply for review of that decision by the Commission.

7.1.2  Making a request for review

7.1.2 An application for review of a decision under the Scheme must be made in writing and lodged at an office of the Department in Australia within three months after the veteran has been served with a copy of the written decision, but not otherwise.

7.1.3  Review by the Commission of its own motion

7.1.3 If the Commission is of the opinion that sufficient reason exists for reviewing any decision under this Scheme, the Commission may, in its absolute discretion, do so.

7.1.4  Delegate must not review own decision

7.1.4 If the Commission has delegated its powers under this Scheme to the person who made the decision under review, that person must not review the decision.

PART 8 — DETERMINATION OF CLAIMS AND DELEGATION OF POWERS

8.1 Determination of claims and applications for review

8.1.1 The Commission must determine all claims for assistance under the Scheme, including claims for grants and allowances, and must determine all applications for review of decisions made under this Scheme.

8.2 Delegation of powers

8.2.1  Delegation

8.2.1 The Commission may, generally or as otherwise provided by instrument in writing, delegate to an officer or employee of the Department, any of its powers under this Scheme, except this power to delegate.

8.2.2  Power exercised by delegate

8.2.2 A power delegated by the Commission under paragraph 8.2.1, when exercised by the delegate, shall, for the purposes of this Scheme, be deemed to have been exercised by the Commission.

8.2.3  Commission may exercise power itself

8.2.3 A delegation of a power under paragraph 8.2.1 does not prevent the exercise of a power by the Commission.

PART 9 — TRANSITIONAL PROVISIONS

9.1 Transitional provisions

9.1.1  Eligible veterans under the former Scheme

9.1.1 An eligible veteran who has obtained a motor vehicle, or has received a grant or allowance under the former Scheme is taken to have been provided with that motor vehicle, grant or allowance under this Scheme and is subject to the conditions and provisions of this Scheme.

9.1.2  Transfer of the Commonwealth’s interest in a motor vehicle

9.1.2 Upon the commencement of this Scheme, any interest that the Commonwealth had, immediately before the commencement of this Scheme, in a motor vehicle in the possession of a veteran who:

 (a) obtained it under the former Scheme; and

 (b) has not contravened any provision of the former Scheme;  and

 (c) at the commencement of this Scheme, remained able to  derive benefit from assistance (as defined in paragraph               3.2.1, 3.2.2 or 3.2.3);

is taken to have passed from the Commonwealth to the eligible veteran, notwithstanding anything to the contrary in the former Scheme.

9.1.3  Obligations under the former Scheme

9.1.3 If an eligible veteran was under an obligation under the former Scheme, and a provision of this Scheme provides for an equivalent obligation to apply to an eligible veteran, the veteran is taken to be under that obligation under this Scheme.

Schedule One

Financial Assistance for an Initial Motor Vehicle

Maximum value of an initial motor vehicle

1. Subject to paragraph 4 of this Schedule, the maximum value of an initial motor vehicle that may be purchased under the Scheme is $39,810.

Placing the order and authorisation of payment

2. If the Commission has determined that a veteran is eligible for assistance under this Scheme, the veteran may place the order for an initial motor vehicle of his or her own choice directly with the supplying motor vehicle dealer and, subject to paragraph 3 of this Schedule, the Commission shall authorise payment of an amount equivalent to the retail price of the motor vehicle direct to the supplying dealer.

Retail price greater than maximum value

3. Subject to paragraph 4 of this Schedule, if the retail price of the initial motor vehicle chosen by the veteran is more than the amount specified in paragraph 1 of this Schedule, the Commission shall only authorise payment to the supplying motor vehicle dealer of the amount specified in paragraph 1 of this Schedule.

Where more than the maximum value can be authorised

4. If the Commission is satisfied that the provision of a more expensive motor vehicle is necessary due to the nature of the veteran’s incapacity from war-caused injury or war-caused disease, or both, the Commission may authorise payment of the whole or part of the difference in cost between the amount specified in paragraph 1 of this Schedule, and the actual purchase price of the initial motor vehicle.

Payment by Commonwealth only a contribution

5. Subject to paragraph 4 of this Schedule, any amount authorised by the Commission to be paid to the supplying motor vehicle dealer is only a contribution towards the purchase of the initial motor vehicle and the Commonwealth is not liable to pay the supplying dealer either in whole or in part the difference between that contribution and the price of the motor vehicle.

Schedule Two

Running and Maintenance Allowance

Rate of the allowance

1. The running and maintenance allowance is paid annually in advance, and is equal to 26 times the rate of Recreation Transport Allowance, set out in item 1 of the Table in subsection 104 (1) of the Act, that applies at the date of payment of the allowance.

Note : Section 198D of the Act provides for indexation of the rate of Recreation Transport Allowance.

Schedule Three

Replacement Motor Vehicle Grant

Maximum replacement motor vehicle grant

1. The maximum replacement motor vehicle grant that may be paid to a veteran is an amount representing the difference between the trade-in value or sale price of the previous motor vehicle and the purchase price of the replacement motor vehicle, but, subject to paragraph 3, cannot be greater than $19,905.

Placing the order for the replacement motor vehicle

2. If the Commission has determined that a veteran is eligible for a replacement motor vehicle under this Scheme, the veteran may place the order for a replacement motor vehicle directly with the supplying motor vehicle dealer, but no grant can be made until after a statement from a motor dealer has been received at an office of the Department in Australia certifying the trade-in value or the sale price of the previous motor vehicle (if the previous motor vehicle was not stolen or destroyed).

Where price of replacement motor vehicle exceeds maximum grant

3. Subject to paragraph 4 of this Schedule, if the difference between:

 (a) the trade-in value, the sale price, or the insurer’s write-off  payment, as the case may be; and

 (b) the purchase price of the replacement motor vehicle;

exceeds the amount specified in paragraph 1 of this Schedule, the Commission shall only authorise payment to the supplying motor vehicle dealer of an amount equivalent to the amount set out in paragraph 1 of this Schedule.

Where more than the maximum grant can be authorised

4. If the Commission is satisfied that the provision of a more expensive motor vehicle is necessary because of the veteran’s incapacity from the war-caused injury or war-caused disease, or both, the Commission may authorise payment of the whole or part of the difference in cost between the amount specified in paragraph 1 of this Schedule and the actual purchase price of the replacement motor vehicle.

Payment by Commonwealth only a contribution

5. Subject to paragraph 4 of this Schedule, any amount authorised by the Commission to be paid to the supplying motor vehicle dealer is only a contribution towards the purchase of the replacement motor vehicle and the Commonwealth is not liable to pay the supplying dealer either in whole or in part the difference between that contribution and the full price of the motor vehicle.

Schedule 6

Note: the reference to Schedule 6 is not part of the instrument in Schedule 6.

Contents Page

Part 1 Preliminary....................................................23

1 Name of Principles.......................................23

2 Commencement.........................................23

3 Definitions.............................................23

4 Purpose................................................23

Part 2 Disposal of ordinary income (on or after 1 January 2002) by individual..24

5 Purpose of Part 2.........................................24

6 Definitions.............................................24

7 Transferor as sole attributable stakeholder.....................24

8 Transferor as member of couple.............................24

9 Transfer to company or trust with 2 or more attributable stakeholders.                            24

10 Transfer to company or trust by individual who becomes attributable stakeholder              25

Part 3 Disposal of ordinary income (on or after 1 January 2002) by company or trust              26

11 Purpose of Part 3.........................................26

12 Disposal to attributable stakeholder..........................26

Part 4 Disposal of ordinary income (before 1 January 2002) by attributable stakeholder              27

13 Purpose of Part 4.........................................27

14 Definitions.............................................27

15 Application of Division 7 of Part IIIB of Act where value of property same or greater              27

16 Application of Division 7 of Part IIIB of Act where value of property decreased after transfer              27

17 Application of Division 7 of Part IIIB of Act where company or trust retains value of transferred property              28

18 Transfer by member of couple..............................28

Part 5 Disposal of ordinary income (before 1 January 2002) by individual whose spouse is attributable stakeholder              29

19 Purpose of Part 5.........................................29

20 Definitions.............................................29

21 Application of Division 7 of Part IIIB of Act where value of property same or greater              29

22 Application of Division 7 of Part IIIB of Act where value of property decreased after disposal              29

23 Application of Division 7 of Part IIIB of Act where company or trust retains value of transferred property              30

Part 1 Preliminary

1 Name of Principles

  These Principles are the Veterans’ Entitlements (Modification of Income Deprivation Rules) Principles 2002.

2 Commencement

  These Principles commence when the Veterans’ Affairs (Legislative Instrument Re-making Exercise) Instrument 2014 commences.

3 Definitions

  In these Principles:

Act means the Veterans' Entitlements Act 1986.

4 Purpose

  These Principles set out decision-making principles with which the Commission must comply for the purposes of making a determination under subsection 52ZZZB (1), 52ZZZC (3), 52ZZZD (1) or 52ZZZE (1) of the Act.

Part 2 Disposal of ordinary income (on or after 1 January 2002) by individual

5 Purpose of Part 2

  This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZB (1) of the Act.

6 Definitions

  In this Part:

individual means an individual who transfers property to a company or trust in accordance with subsection 52ZZZB (1) of the Act.

7 Transferor as sole attributable stakeholder

 (1) This section applies to an individual who is not a member of a couple.

 (2) The Commission must take into account whether the individual was the only attributable stakeholder of the company or trust, either before or after the transfer.

8 Transferor as member of couple

 (1) This section applies to an individual who is a member of a couple.

 (2) The Commission must take into account whether:

 (a) the individual was the only attributable stakeholder of the company or trust, either before or after the transfer; or

 (b) both members of the couple were the only attributable stakeholders of the company or trust, either before or after the transfer.

9 Transfer to company or trust with 2 or more attributable stakeholders

 (1) This section applies if, in relation to a transfer of property to a company or trust:

 (a) the transfer is made by an attributable stakeholder of the company or trust; and

 (b) before the transfer, there were 2 or more attributable stakeholders of the company or trust.

 (2) This section also applies if, in relation to a transfer of property to a company or trust:

 (a) the transfer is made by an attributable stakeholder of the company or trust; and

 (b) after the transfer, there were 2 or more attributable stakeholders of the company or trust.

 (3) The Commission must take into account the income attribution percentage of each attributable stakeholder of the recipient company or recipient trust, before and after the transfer of the property.

10 Transfer to company or trust by individual who becomes attributable stakeholder

 (1) This section applies if, in relation to a transfer of property to a company or a trust:

 (a) the transfer is made by an individual who is not an attributable stakeholder of the company or trust; and

 (b) as a result of the transfer, the individual is an attributable stakeholder.

 (2) The Commission must take into account the income attribution percentage of each attributable stakeholder of the company or trust, before and after the transfer of the property.

Part 3 Disposal of ordinary income (on or after 1 January 2002) by company or trust

11 Purpose of Part 3

  This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZC (3) of the Act.

12 Disposal to attributable stakeholder

  The Commission must take into account whether, in relation to a transfer of ordinary income of a company or trust in accordance with subsection 52ZZZC (1) of the Act, the transfer is to an individual who is an attributable stakeholder of the company or trust.

Part 4 Disposal of ordinary income (before 1 January 2002) by attributable stakeholder

13 Purpose of Part 4

  This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZD (1) of the Act.

14 Definitions

  In this Part:

individual means an individual who transfers property to a company or trust in accordance with subsection 52ZZZD (1) of the Act.

15 Application of Division 7 of Part IIIB of Act where value of property same or greater

 (1) This section applies if:

 (a) property is transferred by an individual to a company or trust; and

 (b) on 1 January 2002, the property is owned or controlled by the company or trust; and

 (c) on 1 January 2002, the value of the property is the same as, or greater than, it was at the time of its transfer.

 (2) The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.

16 Application of Division 7 of Part IIIB of Act where value of property decreased after transfer

 (1) This section applies if:

 (a) property is transferred by an individual to a company or trust; and

 (b) on 1 January 2002, the property is owned or controlled by the company or trust; and

 (c) on 1 January 2002, the value of the property is less than it was at the time of its transfer; and

 (d) the decrease in the value of the property is not attributable to any conduct that the Commission reasonably believes was intended to avoid the operation, or minimise the effect, of Division 11A of Part IIIB of the Act.

 (2) The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.

17 Application of Division 7 of Part IIIB of Act where company or trust retains value of transferred property

 (1) This section applies if:

 (a) property is transferred by an individual to a company or trust; and

 (b) before 1 January 2002, the company or trust transferred the property to another individual or other entity in consideration of an arm’s length amount; and

 (c) the company or trust retained the amount or value of the consideration.

 (2) The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.

18 Transfer by member of couple

 (1) This section applies if:

 (a) an individual, who is a member of a couple, transfers property to a company or trust before 1 January 2002; and

 (b) as a result of the transfer:

 (i) the individual is the only attributable stakeholder, on 1 January 2002, of the company or trust; or

 (ii) both members of the couple are the only attributable stakeholders, on 1 January 2002, of the company or trust.

 (2) The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.

Part 5 Disposal of ordinary income (before 1 January 2002) by individual whose spouse is attributable stakeholder

19 Purpose of Part 5

  This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZE (1) of the Act.

20 Definitions

  In this Part:

individual means an individual who transfers property to a company or trust in accordance with subsection 52ZZZE (1) of the Act.

21 Application of Division 7 of Part IIIB of Act where value of property same or greater

 (1) This section applies if:

 (a) property is transferred by an individual to a company or trust; and

 (b) on 1 January 2002, the property is owned or controlled by the company or trust; and

 (c) on 1 January 2002, the value of the property is the same as, or greater than, it was at the time of its transfer.

 (2) The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.

22 Application of Division 7 of Part IIIB of Act where value of property decreased after disposal

 (1) This section applies if:

 (a) property is transferred by an individual to a company or trust; and

 (b) on 1 January 2002, the property is owned or controlled by the company or trust; and

 (c) on 1 January 2002, the value of the property is less than it was at the time of its transfer; and

 (d) the decrease in the value of the property is not attributable to any conduct that the Commission reasonably believes was intended to avoid the operation, or minimise the effect, of Division 11A of Part IIIB of the Act.

 (2) The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.

23 Application of Division 7 of Part IIIB of Act where company or trust retains value of transferred property

 (1) This section applies if:

 (a) property is transferred by an individual to a company or trust; and

 (b) before 1 January 2002, the company or trust transferred the property to another individual or other entity in consideration of an arm’s length amount; and

 (c) the company or trust retained the amount or value of the consideration.

 (2) The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history