This instrument is the Veterans’ Entitlements (Special Assistance—Motorcycle Purchase) Instrument 2025.

This instrument commences on the commencement of the Administrative Review Tribunal (Miscellaneous Measures) Act 2025, Schedule 2, item 84.

1B Repeal

Veterans' Entitlements (Special Assistance—Motorcycle Purchase) Regulations 2001 is repealed.

Note Regulations in force under subsection 106(1) of the Veterans’ Entitlements Act 1986 immediately before the commencement of this instrument have effect after the commencement as if they were a legislative instrument made by the Commission under that subsection—see Veterans’ Affairs Legislation Amendment (Miscellaneous Measures) Act 2014, schedule 1, subitem 61(2).

2 Definitions

Note Some expressions used in this instrument are defined in the Act and have the same meaning as in the Act, including:

 Commission (see section 5A)

 defence‑caused disease (see sections 70 and 71)

 defence‑caused injury (see sections 70 and 71)

 Secretary (see section 5Q)

 veteran (see section 5C)

 war‑caused disease (see sections 9 and 9A)

 war‑caused injury (see sections 9 and 9A).

In this instrument, unless the contrary intention appears:

Act means the Veterans’ Entitlements Act 1986.

ANTS GST Act means the A New Tax System (Goods and Services Tax) Act 1999.

ART Act means the Administrative Review Tribunal Act 2024.

applicant means the person who makes an application, or on whose behalf an application is made, for a motorcycle benefit.

application—see section 6.

car—see section 995‑1 of the Income Tax Assessment Act 1997.

Department means the Department of Veterans’ Affairs.

GST—see section 195‑1 of the ANTS GST Act.

GST‑free—see section 195‑1 of the ANTS GST Act.

motorcycle means a motor vehicle with not more than 4 wheels that is steered by means of handle bars.

motorcycle benefit means a benefit under this instrument.

part, for a motorcycle:

means a standard replacement part of equipment that is made specifically for the motorcycle; but
does not include liquids or gases that are used in or on the motorcycle.

Examples—liquids or gases

brake fluids
greases
hydraulic oils
oils
paints
petrol
petrol additives
radiator additives
refrigerant gases

person whose interests are affected by a decision—see section 4 of the ART Act.

Tribunal means the Administrative Review Tribunal established under the ART Act.

Part 2 Eligibility for motorcycle benefit

3 Who is eligible for motorcycle benefit?

For this instrument, a person is eligible for a motorcycle benefit if:

(a) the person is a veteran:

(i) to whom section 24 of the Act applies and who receives a pension under Part II of the Act; or

(ii) who has lost a leg or both arms because of a war‑caused injury, war‑caused disease, defence‑caused injury or defence‑caused disease; or

(iii) who has had a leg or both arms rendered permanently and completely useless because of a war‑caused injury, war‑caused disease, defence‑caused injury or defence‑caused disease; and

(b) section 4 or 5 applies to the person.

Note For Part VI of the Act (which includes section 106 under which this instrument is made), veteran includes a member of the Forces and a member of a Peacekeeping Force.

4 Eligibility—purchase of motorcycle

(1) This section applies to a person who:

(a) on or after 1 July 2000, purchases a motorcycle for which GST is payable; and

(b) intends to use the motorcycle for the person’s personal transportation (whether or not as the driver); and

(i) had not received a motorcycle benefit for another motorcycle; and

(ii) had not purchased a GST-free car or vehicle.

(2) Subparagraph (1)(c)(i) does not apply in relation to the person if:

(a) the other motorcycle has been used to transport the person for distances totalling more than 40 000 kilometres; or

(b) the other motorcycle:

(i) is no longer reasonably capable of being used for the purpose for which a motorcycle of that kind is ordinarily used; and

(ii) is not insured for its replacement value; or

Example—special circumstance

The theft and non‑recovery of the other motorcycle if it is not insured for its replacement value.

(3) Subparagraph (1)(c)(ii) does not apply in relation to the person if:

(a) the car or vehicle has been used to transport the person for distances totalling more than 40 000 kilometres; or

(b) the car or vehicle:

(i) is no longer reasonably capable of being used for the purpose for which a car or vehicle of that kind is ordinarily used; and

(ii) is not insured for its replacement value; or

Example—special circumstance

The theft and non‑recovery of the car or vehicle if it is not insured for its replacement value.

5 Eligibility—purchase of part for motorcycle

This section applies to a person who:

(a) on or after 1 July 2000, purchases a motorcycle part for which GST is payable; and

(b) intends to use the part, for a motorcycle for which the person has been granted a motorcycle benefit, to replace a part of the motorcycle that:

(i) is no longer fit for its purpose because of wear and tear; or

(ii) was destroyed, damaged or stolen and was not insured for its replacement value.

Part 3 Applications for motorcycle benefit

6 Applications—formal requirements

A person may apply to the Commission for a motorcycle benefit.
The application must be:

(a) in writing; and

(b) if the Commission has approved a form for this paragraph—in the form; and

(c) accompanied by either of the following as required under the ANTS GST Act to be issued for the purchase of the motorcycle or motorcycle part:

(i) a tax invoice that complies with subsection 29‑70 (1) and, if applicable, section 54‑50 of the ANTS GST Act;

(ii) a recipient created tax invoice in accordance with subsection 29‑70 (3) of the ANTS GST Act.

(3) The application must be forwarded to, or delivered at, an office of the Department in Australia.

Note Section 5T of the Act deals with the circumstances in which an application is taken to have been forwarded to, or delivered at, an office of the Department in Australia.

(4) An application may be made by a person on behalf of a veteran.

(5) An application is not valid unless the person is in Australia on the day the application is forwarded, or delivered, under subsection (2).

7 Withdrawing application

(1) An applicant may withdraw an application that has not been decided by making a withdrawal orally, or in writing, to the Department.

(2) An application that is withdrawn is taken to have never been made.

(3) The Department must make a written record of a withdrawal that is made orally.

(4) If an application was made on behalf of a veteran, the application may be withdrawn by another person only if the veteran has authorised the person, in writing, to withdraw the application.

8 Secretary to investigate applications

The Secretary must:

(a) investigate an application made in accordance with section 6; and

(b) give to the Commission for decision:

(i) the application; and

(ii) any evidence submitted with the application; and

(iii) any documents relevant to the application that are under the control of the Department, including any relevant evidence or documents obtained during the investigation.

9 Commission to decide applications

(1) The Commission must approve or refuse an application given to it by the Secretary.

(2) The Commission must approve the application if the Commission is satisfied that the applicant is eligible for a motorcycle benefit.

(3) If the Commission approves an application, the Commission must pay a motorcycle benefit to the applicant.

10 Notification of decisions

If the Commission has made a decision under section 9, the Commission must give the applicant written notice stating:

(a) the decision; and

(b) the day the decision takes effect; and

(d) the applicant’s right, if dissatisfied with the decision, to ask the Commission to review the decision.

Part 4 Payment of motorcycle benefit

11 Amount of motorcycle benefit

(1) The motorcycle benefit for a motorcycle or motorcycle part is:

(a) if its GST inclusive purchase price does not exceed the car limit for the financial year in which the motorcycle or part was purchased—an amount equal to 1/11 of the value; or

(b) if its GST inclusive purchase price exceeds the car limit for the financial year in which the motorcycle or part was purchased—an amount equal to 1/11 of the car limit.

(2) In this section:

car limit—see subsection 40‑230(3) of the Income Tax Assessment Act 1997.

GST inclusive purchase price, for a motorcycle or part, means the amount of money paid by a veteran to purchase the motorcycle or part:

without discounting for an amount of GST; and
excluding the amount of money paid for any modifications made solely for the purpose of adapting the motorcycle or part for driving or for transporting a person.

Note 1 A payment under this instrument is exempt from income tax—see sections 52‑65 and 52‑75 of the Income Tax Assessment Act 1997.

Note 2 A payment received by a person under this instrument is determined to be an exempt lump sum under paragraph 5H(12)(c) of the Act, and is therefore not part of the person’s ordinary income for the Act—see subsection 5H(1) of the Act, definition of ordinary income.

12 Payment into bank account

A motorcycle benefit may be paid to the credit of a bank account, nominated and kept by a person, that is kept by the person alone, or jointly or in common with another person.

Note 1 A pecuniary benefit that is payable to a person under the Act:

(a) is payable in the way the Commission determines—see subsection 122(4) of the Act; and

(b) may, on request by the person, be paid to another person if the Commission approves the payment to the other person—see the Act, subsection 122(2).

Note 2 A motorcycle benefit paid to a person may be recovered under section 205 of the Act.

Part 5 Review of decisions

13 Applicant may request review of decision

(1) An applicant who is dissatisfied with a decision of the Commission under section 9, or another person on the applicant’s behalf, may ask the Commission to review the decision.

(2) A request for review must:

(a) be in writing; and

(b) set out the grounds on which the request is made; and

(c) be lodged with the Commission by forwarding to, or delivering at, an office of the Department in Australia within 3 months after the day the applicant received written notice of the decision.

14 Commission to review decisions

(1) The Commission must review the decision:

(a) within 3 months after the day a request under section 13 was lodged; or

(b) within any longer period agreed in writing with the person who made the request.

(2) On review of a decision, the Commission must:

(a) affirm the decision; or

(b) set aside the decision.

(3) If the Commission sets aside a decision, it must make a decision in place of the decision set aside.

(4) If the Commission has delegated its power under this section to a person, the person must not review a decision made by the person.

15 Commission to give notice of decision reviewed

(1) If the Commission has reviewed a decision under section 14, the Commission must give written notice of the decision to:

(a) the person who requested the review; and

(b) any other person whose interests are affected by the decision.

(2) The written notice must:

(a) state the day the decision takes effect; and

(b) include a statement of reasons for the decision; and

(d) include notice of the right to apply to the Tribunal for review of the decision.

Note In giving the written notice, the Commission must have regard to any matters prescribed by the rules made under section 295 of the ART Act (see that Act, section 267).

(3) In this section:

statement of reasons, for a decision—see section 4 of the ART Act.

16 Review by Tribunal

(1) A person whose interests are affected by a decision may apply under the ART Act to the Tribunal for review of the decision of the Commission under section 14.

(2) Despite anything else prescribed under subsection 18(1) of the ART Act, the person may apply to the Tribunal for review of the decision within 3 months after the day the person is given written notice of the decision.

(3) To remove any doubt, subsection (2) does not affect subsection 18(2) and section 19 of the ART Act.

17 Transitional—applications not decided before commencement day

This section applies to an application for a motorcycle benefit:

made under the old instrument; and
that had not been decided by the Commission immediately before the commencement day.

This instrument applies in relation to the application as if the application were made under section 6.
In this section:

commencement day means the day section 1B commences.

old instrument means the Veterans' Entitlements (Special Assistance—Motorcycle Purchase) Regulations 2001.

Note 1 Item 20 of Schedule 16 to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 deals with the right of a person to make an application to the Administrative Appeals Tribunal that existed before 14 October 2024.

Note 2 Item 24 of Schedule 16 to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 deals with a proceeding in the Administrative Appeals Tribunal that had not been finalised before 14 October 2024.

Alison Frame	Mark Brewer
	AM CSC and Bar
President	Deputy President
Gwen Cherne	Kahlil Fegan
	DSC AM
Commissioner	Commissioner