Palmer and Repatriation Commission (Veterans' entitlements)
[2024] AATA 5
•5 January 2024
Palmer and Repatriation Commission (Veterans' entitlements) [2024] AATA 5 (5 January 2024)
Division:VETERANS' APPEALS DIVISION
File Number(s): 2022/8162
Re:Gary Palmer
APPLICANT
AndRepatriation Commission
RESPONDENT
DECISION
Tribunal:Senior Member O'Donovan
Date:5 January 2024
Place:Canberra
The decision under review is varied such that benefits should be paid in relation to each of the items where the word ‘allow’ appears in the final column of the attached table.
……………………[sgd]……………………
Senior Member O’Donovan
CATCHWORDS
VETERANS' ENTITLEMENTS - where the veteran is in receipt of a special rate pension - where the veteran qualifies for a GST rebate on motorcycles - whether the motorcycles were purchased after the relevant date to qualify for the scheme - whether the parts are replacement parts as required by the scheme - whether the part to be replaced is no longer fit for purpose - whether the part to be replaced has been destroyed, damaged or stolen - whether the purchase is accompanied by a tax invoice - decision varied
LEGISLATION
A New Tax System (Goods and Services Tax) Act 1999, s 29-70
Treasury Laws Amendment (GST Low Value Goods) Act 2017
Veterans' Entitlements Act 1986, s 24Veterans' Entitlements (Special Assistance - Motorcycle Purchase) Regulations 2001
REASONS FOR DECISION
Senior Member O'Donovan
Under the Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001 (SAMP Regulations), some veterans are able to purchase, free of the Goods and Services Tax (GST), a motorcycle for their personal use and spare parts for its proper maintenance.
Mr Palmer is within that group of veterans who qualifies for the scheme – in his case because he is in receipt of a special rate pension under section 24 of the Veterans’ Entitlements Act 1986 (VE Act).
The scheme however only covers motorcycles purchased on or after 1 July 2000 in respect of which GST is payable.
In relation to parts, the scheme only covers parts which are intended to be used on motorcycles which the person has received benefits for under the scheme. This means that any parts purchased for a motorcycle acquired before 1 July 2001 cannot qualify for the benefit.
Mr Palmer owns three motorcycles two which qualified for the benefit under the scheme. The third however, a VW Bon Trike, was purchased on 11 November 1997. Consequently, it does not qualify for the scheme nor does any part purchased for it.
The applicant owns two other motorcycles both of which have been granted the motorcycle benefit under the Regulations. Consequently, parts purchased for either of these motorcycles could qualify. However, for a parts purchase to qualify, the following requirements must be satisfied:
(a)The person must intend to use the part to replace a part of the qualifying motorcycle – adding parts which were not included in the original motorcycle do not qualify for the benefit;
(b)The part that is to be replaced must either:
(i)be no longer fit for its purpose due to wear and tear; or
(ii)have been destroyed, damaged or stolen and was not insured for its replacement value.
Replacing parts to improve performance or the attractiveness of the motorcycle do not qualify for the benefit. Accessories to be added to the motorcycle do not qualify for the benefit.
Applications must be accompanied by a tax invoice or a recipient-created tax invoice as required by the A New Tax System (Goods and Services Tax) Act 1999. A tax invoice means a document that complies with the requirements of subsection 29-70(1) which provides as follows:
(1) A tax invoice is a document that complies with the following requirements:
(a)it is issued by the supplier of the supply or supplies to which the document relates, unless it is a *recipient created tax invoice (in which case it is issued by the *recipient);
(b)it is in the * approved form;
(c)it contains enough information to enable the following to be clearly ascertained:
(i) the supplier's identity and the supplier's *ABN;
(ii) if the total *price of the supply or supplies is at least $1,000 or such higher amount as the regulations specify, or if the document was issued by the recipient--the recipient's identity or the recipient's ABN;
(iii) what is supplied, including the quantity (if applicable) and the price of what is supplied;
(iv) the extent to which each supply to which the document relates is a *taxable supply;
(v) the date the document is issued;
(vi) the amount of GST (if any) payable in relation to each supply to which the document relates;
(vii) if the document was issued by the recipient and GST is payable in relation to any supply--that the GST is payable by the supplier;
(viii) such other matters as the regulations specify;
(d)it can be clearly ascertained from the document that the document was intended to be a tax invoice or, if it was issued by the recipient, a recipient created tax invoice.
In Mr Palmer’s case he has relied in a number of his claims on documents which do not meet some or all of these requirements. For the purposes of making my decision, if I can ascertain that GST was paid for specific goods, I have been prepared to accept the document as a tax invoice.
Very few of the invoices submitted by Mr Palmer meet this threshold. The inadequacy of documentation has meant that virtually no claims for items purchased from overseas prior to 2017 have been accepted. In relation to eBay purchases after 2017 where a GST paid component has been identified, I have been prepared to treat the document as a tax invoice.
Each of Mr Palmer’s claims which are the subject of dispute have been placed in a table by the respondent. The table discloses the basis on which the claim is opposed by the respondent and this is set out in the last column of the table. I have reviewed all of the disputed claims along with the original receipts submitted by the applicant. Annexed to these reasons is the table submitted by the respondent as modified by me. The final column contains my determination and reasons for rejecting or accepting a claim. For the most part I have accepted the submissions of the respondent but not in every case. Where I have accepted that the claim should be paid, I have included the word ‘allow’.
Generally speaking, my rejections are based on three principles:
(a)The claimed part is for the VW Trike. As I have explained above, because the Trike was not the subject of any benefit under the Regulations as a result of its date of purchase, none of the parts acquired for use on it qualify for the benefit;
(b)I must be satisfied that any part purchased is a replacement part that is required either because of wear and tear, or because an original part has been destroyed, damaged or stolen and was not insured. The evidence in relation to many of the claimed purchases suggest that they are accessories or upgrades for the motorcycle, or clothing for the rider. These types of items are not eligible under the scheme;
(c)Many of the invoices provided for items purchased overseas do not disclose that GST was paid on the item. I have proceeded on the basis that for items purchased pre-July 2017 no GST was paid. I have done this because on 1 July 2017 the Treasury Laws Amendment (GST Low Value Goods) Act 2017 (LVG Act) came into operation. The purpose of the LVG Act was to ensure that GST was payable on certain supplies of low value goods that are purchased by consumers and imported into Australia. The amendments made goods valued at $1000 or less at the time of sale subject to GST. The applicant has not provided evidence that GST was paid on the items I have rejected. As noted above I have taken a more generous approach in relation to post-July 2017 items purchased on eBay where a GST component is identifiable.
Having determined which claimed parts are subject to the benefit and which are not, I have decided that benefits should be paid in relation to each of the items where I have written the word ‘allow’ in the final column of the attached table.
I certify that the preceding 12 (twelve) paragraphs are a true copy of the reasons for the decision herein of Senior Member O'Donovan
....................................[sgd]....................................
Associate
Dated: 5 January 2024
Hearing: On the papers Date final submissions received: 3 November 2023 Applicant: In person Solicitors for the Respondent: Sparke Helmore ANNEXURE A
Application Part #1
| Claimed part | Claimed for which motorbike? | Reference | Date | Amount | Applicant’s reasoning for purchase | Accepted or rejected by delegate? | Tribunal’s determination |
| 3 globes | 1997 VW Bon-Trike | T6A p37 | 24.01.2000 | $6.00 | For new tail lights | Rejected – for unclaimed VW trike/date too old | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| L/H tail-light assemble, fuel inlet | Not specified | T6B p38 | 14.02.2000 | $49.50 | N/A | Rejected – date too old | Purchase was made prior to 1 July 2000 (s 6(1)(a) of the Regulations). Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Set of brake pads (x2) | 1997 VW Bon-Trike | T6C p39 | 30.11.2002 | $80.00 ($40.00 each) | Replace worn out brake rear pads | Rejected – purchased before bike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Clutch cable | 1997 VW Bon-Trike | T6C p39 | 30.11.2002 | $70.00 | Replacement for worn out clutch | Rejected – purchased before bike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Rear wheel brake cylinder (x2) | 1997 VW Bon-Trike | T6C p39 | 30.11.2002 | $30.00 ($15.00 each) | Replace faulty brake cylinder | Rejected – purchased before bike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| LHS tail light | 1997 VW Bon-Trike | T6C p39 | 30.11.2002 | $40.00 | Faulty broken globes on Trike all the time so replaced taillights but globes still went out all the time | Rejected – purchased before bike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| RHS tail light | 1997 VW Bon-Trike | T6C p39 | 30.11.2002 | $40.00 | As above | Rejected – purchased before bike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Replacement turn signal switch | 1997 VW Bon-Trike | T6D p40 | 20.06.2007 | $58.95 US | Required for broken turn switch | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Set of points | 1997 VW Bon-Trike | T6E p41 | 17.07.2009 | $10.00 | Replacement for none working points | Rejected – for unclaimed VW trike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Gaskets (x2) | 1997 VW Bon-Trike | T6E p41 | 17.07.2009 | $18.00 ($9.00 each) | Replacement gaskets as required for rebuild of blown up motor | Rejected – for unclaimed VW trike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Trike exhaust | 1997 VW Bon-Trike | T6F p42 | 24.07.2009 | $4,283.70 | Replace rusted out leaking exhaust system which had holes in it | Rejected – for unclaimed VW trike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Sump gasket kit | 1997 VW Bon-Trike | T6G p43 | 15.08.2009 | $4.00 | As above (motor blew up) | Rejected – for unclaimed VW trike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| 4 gaskets | 1997 VW Bon-Trike | T6G p43 | 15.08.2009 | $10.00 | As above (motor blew up) | Rejected – for unclaimed VW trike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Stop/tail indicator | T6H | 24/08/09 | $41.82 | Accepted | Unclear which motorcycle this part was purchased for. | ||
| Flamed leather cushion grips | 2003 FXSTB Harley Davidson Night Train | T6I p45 | 09.03.2010 | $49.99 US | Replacement handlebar grips as old ones from broken handlebars cannot be removed, they are glued on | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid. Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| Wild 1¼ Black Ape Hanger HB | 2003 FXSTB Harley Davidson Night Train | T6J p46 | 19.05.2010 | Not specified | Replacement handlebars for smashed handlebars | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence of the purchase amount, nor any evidence that GST was paid. Per the Applicant’s statement in relation to the ‘11 Black Ape hangers’ below, this item was unsuitable and was not used. |
| 11 Black Ape hangers | 2003 FXSTB Harley Davidson Night Train | T6J p46 | 19.05.2010 | Not specified | Replacement for above as unsuitable as can’t straighten my right arm out properly and the ones above didn’t suit | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence of the purchase amount, nor any evidence that GST was paid. |
| Harley Frame quick release kit p47 | 2003 FXSTB Harley Davidson Night Train | T6K p47 | 20.05.2010 | Not specified | Quick release sissy bar damaged to remove sissy bar(s) when required, sort of like snap on/off | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence of the purchase amount, nor any evidence that GST was paid. Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| Standard Red Flame saddle bags | 2003 FXSTB Harley Davidson Night Train | T6K p47 | 20.05.2010 | Not specified | For carrying items on motorcycle | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence of the purchase amount, nor any evidence that GST was paid. Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| Club membership | Not specified | T6K p47 | 20.05.2010 | Not specified | N/A | Rejected – US invoice | As above, and not a motorcycle part. |
| Gold club clock | Not specified | T6K p47 | 20.05.2010 | Not specified | N/A | Rejected – US invoice | As above, and not a motorcycle part. |
| Flamed leather cushion grips | 2003 FXSTB Harley Davidson Night Train | T6L p48 | 11.08.2010 | Not specified | For replaced handlebars as grips cannot be removed, glued on | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence of the purchase amount, nor any evidence that GST was paid. Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| J&P Cycles Clutch/speedometer cable (x2) | 1997 VW Bon-Trike | T6L p48 | 11.08.2010 | Not specified | Replacement for non working speedo | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Billet Cable Clamp 1 1 4x7 16 (x4) | 1997 VW Bon-Trike | T6L p48 | 11.08.2010 | Not specified | To replace damaged part to hold replacement clutch and speedo cable in place so won’t rub on front tyre, this is a metal clamp replacing cheap plastic broken wire tie | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Carburetor weber 40 IDF (x2) | 1997 VW Bon-Trike | T6M p49 | 19.06.2012 | £663.86 (£331.93 each) | Replacement of non working carbie (motor blew up) | Rejected – UK invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Inlet manifold Weber IDF | 1997 VW Bon-Trike | T6M p49 | 19.06.2012 | £141.39 | To fit replacement blown up carbie & manifold (motor blew up) | Rejected – UK invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Bellcrank carburetor linkage | 1997 VW Bon-Trike | T6M p49 | 19.06.2012 | £97.06 | As above (motor blew up) | Rejected – UK invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| K&N air filter 83mm (x2) | 1997 VW Bon-Trike | T6M p49 | 19.06.2012 | £205.88 ($102.94 each) | Replacement for air filters (motor blew up) | Rejected – UK invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Car parts | Not specified | T6N / T6O pp50 / 51 | 20.06.2012 | €1,166.49 or €1,108.16 (unclear) | N/A | Rejected – US invoice |
|
| Sterl Chromite II ¼” x 6’ (x2) | 1997 VW Bon-Trike | T6P p51 | 05.07.2012 | Not specified | Replacement chrome bolts for rusty bolts | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Mag 1/4-5/16 CHR hose CLP | 1997 VW Bon-Trike | T6P p51 | 05.07.2012 | Not specified | Replacement for damaged hose clamps | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| 10mm M/cup axle 25mm cent M6x1.0 | 1997 VW Bon-Trike | T6R p54 | 16.07.2012 | $6.44 | Accepted - $0.64 | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) | |
| Sync meter with adaptor | 1997 VW Bon-Trike | T6S p55 | 13.08.2012 | $29.00 US | To adjust new carbie flow to new replacement carbies | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| 009 distributor | 1997 VW Bon-Trike | T6U p57 | 04.09.2012 | $69.95 US | For broken distributor | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Pertronix Points replacement kit | 1997 VW Bon-Trike | T6U p57 | 04.09.2012 | $79.95 US | For broken points in distributor | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Distributor O-ring | 1997 VW Bon-Trike | T6U p57 | 04.09.2012 | $1.00 US | Replacement for broken distributor (Motor blew up) | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Fast Fab degreed distributor clamp | 1997 VW Bon-Trike | T6U p57 | 04.09.2012 | $29.95 US | For damaged distributor | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Coil relocation bracket | 1997 VW Bon-Trike | T6U p57 | 04.09.2012 | $13.95 US | To relocate broken coil | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Pentronix 40kv Flamethrower Ignition Coil | 1997 VW Bon-Trike | T6U p57 | 04.09.2012 | $49.95 US | To replace coil as didn’t have OEM parts available | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Mag 1/4-5/16 CHR hose CLP | 1997 VW Bon-Trike | T6V p58 | 11.09.2012 | $27.67 US | Replacement for damaged hose clamps | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Speedo cable bon trike (x2) | 1997 VW Bon-Trike | T6W p59 | 08.01.2014 | $138.00 ($69.00 each) | Accepted - $6.27 | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) | |
| Fuses | 1997 VW Bon-Trike | T6X p60 | 23.01.2015 | $111.60 | As above (motor blew up) | Rejected – for unclaimed VW trike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| V-twin Manufacturing police type solo seat mount kit | 1959 Harley Davidson Panhead | T6Y p61 | 31.05.2022 | Not specified | To replace old worn out broken, ripped 1959 motorcycle seat | Rejected – US invoice | No evidence of total cost of any item, or any GST paid. |
| Tedds corbin gentry police solo seat | 1959 Harley Davidson Panhead | T6Y p61 | 31.05.2022 | Not specified | Replacement parts for old broken to secure 1959 seat to frame | Rejected – US invoice | No evidence of total cost of any item, or any GST paid. |
| Drag specialties beaded windshield kit | 1959 Harley Davidson Panhead | T6Y p61 | 31.05.2022 | Not specified | Replacement windscreen for old cracked broken panhead | Rejected – US invoice | No evidence of total cost of any item, or any GST paid. |
| V-Twin Manufacturing seat post and T set | 1959 Harley Davidson Panhead | T6Y p61 | 31.05.2022 | Not specified | For holding old worn out panhead seat in place | Rejected – US invoice | No evidence of total cost of any item, or any GST paid. |
| HD D Parts Catalogue | 1959 Harley Davidson Panhead | T6Z p62 | 18.06.2022 | $25.00 | For maintenance to show what parts available for old 1959 bike in Australia | Rejected – Catalogue | Not a motorcycle part. |
| V-Twin Manufacturing Trumpet Horn rubber mount (x2) | 1959 Harley Davidson Panhead | T6AA p63 | 06.07.2022 | Not specified | To replace worn out damaged cloth trumpet horn | Rejected – US invoice | No evidence of total cost or GST paid.
|
| K&N high performance replacement air filter for round air cleaners (x2) | 1959 Harley Davidson Panhead | T6AA p63 | 06.07.2022 | Not specified | Replace worn out old foam air filter | Rejected – US invoice | Eligible part, but no evidence of total cost or GST paid. |
| Daggertude Sissy Bars | Not specified | T6BB | Not specified | $295.49 | Not specified | Rejected | No date, no purchase information, no indication of whether GST paid, not an invoice. |
| HD Book | 1959 Harley Davidson Panhead | T6CC p65 | Not specified | $47.75 | For me to do maintenance for old 1959 Panhead maintenance service | Rejected – Book | Not a motorcycle part. |
| Harley-Davidson Retro Flame ¾ Helmet | All motorcycles | T6DD / T8Z p66 / p134 | Not specified | $208.37 | Needed as per to be legal to ride vehicles | Rejected – accessory | Not a motorcycle part. |
| Harley-Davidson HD-B09 5/8 Helmet | All motorcycles | T6DD / T8Z p66 / p134 | Not specified | $304.34 | Needed as per to be legal to ride vehicles | Rejected – accessory | Not a motorcycle part. |
| LED number plate light 12 LED 10-30V | 1997 VW Bon-Trike | T6EE p67 | 29.07.2012 | $29.95 | Accepted - $2.72 | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) | |
| Harley Davidson belt | 2003 FXSTB Harley Davidson Night Train | T6FF p68 | Unclear | €94.58 | Replacement rear belt drive – needed in case OEM part brakes | Rejected – UK invoice |
Unclear if this was an online purchase made after 1 July 2017. If the purchase was before 1 July 2017, then evidence of GST paid is required.
|
| Centre kickstand spacer | 1959 Harley Davidson Panhead | T6GG p69 | Not specified | Not specified but Applicant has indicated $39.90 | Required for damaged/missing part (Centrestand) | Rejected – not an invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence of the purchase amount, nor any evidence that GST was paid.
|
Application Part #2
| Claimed part | Claimed for which motorbike? | Reference | Date | Amount | Applicant’s reasoning for purchase | Accepted or rejected by delegate? | Tribunal’s Determination |
| Quote for bike purchased later | Not specified | Unclear (T7A?) pp75-80 | 19.10.2002 | Unclear | N/A | Rejected – quote | Not a motorcycle part. |
| Quote for bike purchased later | Not specified | Unclear (7B?) pp81-83 | 26.10.2002 | Unclear | N/A | Rejected – quote for bike | Not a motorcycle part. |
| Risers – straight 80-8 | 1997 VW Bon-Trike | T7C p84 | 08.01.2003 | $84.49 | Replacement of broken risers to put handlebars where I can reach them, as my right arm cannot straighten out and living remote it’s trial and error to get the right ones | Rejected – accessory | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| CHR.BILL 1.25”X5” | 1997 VW Bon-Trike | T7D p85 | 25.07.2003 | $157.00 | Unsure but is a custom chrome motorcycle part | Rejected – accessory | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Billet analog clock | 2003 FXSTB Harley Davidson Night Train | T7E p86 | 08.03.2004 | $41.95 US | Part fits on handlebars to show time bought with bike purchase | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid. Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| Multiple items | Not specified | T7F p87 | 16.07.2004 | $478.38 | N/A | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence of the purchase amount, nor any evidence that GST was paid. No evidence that these are motorcycle parts. |
| Saddlebag | 2003 FXSTB Harley Davidson Night Train | T7I p91 | 19.05.2010 | $489.59 US | To carry items bought with bike | Rejected – US invoice | Not a motorcycle part. |
| Harley frame quick release | 2003 FXSTB Harley Davidson Night Train | T7I p91 | 19.05.2010 | $116.99 US | Quick release saddlebags | Rejected – US invoice |
|
| Remote control | 2003 FXSTB Harley Davidson Night Train | T7J p92 | 17.07.2010 | $55.51 | Bought with bike – security fob | Rejected – accessory | Not a motorcycle part. |
| Kit, smoked lens | 2003 FXSTB Harley Davidson Night Train | T7J p92 | 17.07.2010 | $52.73 | Bought with bike – replacement smoked lens for blinkers | Rejected – accessory | Not a motorcycle part. |
| Decal, Fuel T (x2) | 2003 FXSTB Harley Davidson Night Train | T7J p92 | 17.07.2010 | $54.18 ($27.09 each) | Bought with bike | Rejected – accessory | Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| Barbed Gladia | 2003 FXSTB Harley Davidson Night Train | T7J p93 | 17.07.2010 | $145.40 | Bought with bike Gladiator spike axle caps | Rejected – cannot determine | Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| S/bag support | 2003 FXSTB Harley Davidson Night Train | T7J p93 | 17.07.2010 | $63.63 | Bought with bike saddlebag supports to hold saddle bags off rear wheel | Rejected – accessory | Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| Dust shield | 2003 FXSTB Harley Davidson Night Train | T7J p93 | 17.07.2010 | $3.30 | Bought with bike, motorcycle cover | Rejected - accessory | Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| Formula + | Not specified | T7J p93 | 17.07.2010 | $10.19 | N/A | Rejected – cannot determine | Not a motorcycle part. |
| DOT 4 brake F | Not specified | T7J p93 | 17.07.2010 | $8.83 | N/A | Rejected – accessory | No evidence that this is a motorcycle part. |
| Throttle grip | 2003 FXSTB Harley Davidson Night Train | T7J p94 | 17.07.2010 | $13.98 | Bought with bike | Rejected - accessory |
Allow. |
| S.E fork oil | Not specified | T7J p94 | 17.07.2010 | $12.58 | N/A | Rejected - accessory | Not a motorcycle part. |
| X | Not specified | T7J p94 | 17.07.2010 | $1,909.09 | N/A | Rejected – cannot determine | No evidence that this is a motorcycle part. |
| Tie down bracket/cable (x2) | 2003 FXSTB Harley Davidson Night Train | T7K p96 | 11.08.2010 | $3.58 ($1.79 each) US | Chrome replacement of broken plastic wire tie downs | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid.
|
| Flamed leather cushion grip set | 2003 FXSTB Harley Davidson Night Train | T7K p96 | 11.08.2010 | $44.99 US | Replaced damaged handlebar grips | Rejected – US invoice |
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| Billet cable clamp 1 1/4X (x4) | 2003 FXSTB Harley Davidson Night Train | T7L p96 | 11.08.2010 | $136.76 ($34.19 each) US | Replace damaged clamps for plastic wire clamp | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. |
| Bon trike throttle cable | 1997 VW Bon-Trike | T7N p99 | 10.06.2014 | $40.00 | To replace old broken cable rubbed through | Rejected – for declined VW trike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Magura throttle grip | 1997 VW Bon-Trike | T7N p99 | 10.06.2014 | $120.00 | Replacement damaged extension throttle grip | Rejected – for declined VW trike | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| CAD PRI Screw 36-64 | Not specified | T6Z / T7P p62 / p101 | 18.06.2022 | $56.00 | N/A | Rejected – already claimed parts #1 page 9 | Part already successfully claimed under Part #1. |
| HD parts catalogue | 2003 FXSTB Harley Davidson Night Train | T7P p101 | 18.06.2022 | $25.00 | To show what parts available for sale for specific model motorcycle | Rejected – Already claimed part #1 page 9 | Not a motorcycle part. |
| HD Motorcycle wrench tool roll kit | 2003 FXSTB Harley Davidson Night Train | T7Q p102 | 21.06.2022 | $47.00 | Maintenance for carrying on motorcycle or fixing motorcycle on the road | Rejected – tool kit | Not a motorcycle part. |
| Flamed leather cushion grip set | 2003 FXSTB Harley Davidson Night Train | T7R p103 | Not specified | $49.99 US | Spare set of handlebar grips as unavailable anymore | Rejected – US – not an invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid.
|
| Clutch speedometer cable guide/tie down blck | 2003 FXSTB Harley Davidson Night Train | T7R p103 | Not specified | $1.99 US | Missing broken cable on bike from front wheel to speedo | Rejected – US – not an invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid.
|
| Joker machine cable clamp | Not specified | T7R p103 | Not specified | $37.99 US | N/A | Rejected – US – not an invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act.
|
| Multiple washers | Not specified | T7S p104 | Not specified | $19.25 | N/A | Rejected – not an invoice | Already considered (T7L). |
Application Part #3
| Claimed part | Claimed for which motorbike? | Reference | Date | Amount | Applicant’s reasoning for purchase | Accepted or rejected by delegate? | Tribunal’s Determination |
| Size XXL vest and hookup | All motorcycles | T8A p109 | 08.08.1997 | $275.00 | 12 volt electric vest to keep my injured back warm | Rejected – accessory | Not a motorcycle part. Purchased before bike. |
| Chubby ape bar 16” rise | 1997 VW Bon-Trike | T8C p111 | 16.09.2004 | $158.65 US | To replace broken handlebars | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| 1.5” chrome chubby risers | 1997 VW Bon-Trike | T8C p111 | 16.09.2004 | $70.95 US | To hold handlebars | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| S/S FRK tube bullet bolts | 1997 VW Bon-Trike | T8C p111 | 16.09.2004 | $53.00 US | Front fork bolts (motor blew up) | Rejected – US invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Shipping charges only | Not specified | T8D p112 | 20.09.2004 | $55.00 | N/A | Rejected – no item | Not a motorcycle part. |
| Motorcycle grips | 2003 FXSTB Harley Davidson Night Train | T8E p113 | 19.10.2004 | $50.00 US | Replacement motorcycle handlebar grips | Rejected – US – not an invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid.
|
| Motorcycle shift linkage | 2003 FXSTB Harley Davidson Night Train | T8E p113 | 19.10.2004 | $100.00 US | Shift linkage replacement for changing gears | Rejected – US – not an invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid. |
| Skeleton cable enhancer | 2003 FXSTB Harley Davidson Night Train | T8F p114 | 05.01.2006 | $39.99 US | Accessory which clips on cables | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid. Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 18 December 2002. |
| ½ Visible Harley twin cam | Not specified | T8G p115 | 14.10.2006 | $69.95 US | N/A | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid.
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| Handlebar | Not specified | T8H p116 | 15.05.2007 | $460.00 US | N/A | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid.
|
| Multiple parts and accessories x 7 | 1997 VW Bon-Trike | T8I p117 | 14.06.2007 | $206.00 US | Mini oval mirror x 2 – replacement mirrors as when changed handlebars other mirrors rusty plus couldn’t see out of them 1” handlebar mirror clamps – to hold mirrors to handlebars Chrome riser bolts – bolts to hold risers Handlebar mounted clock – to tell the time Dual throttle cable clamp – to hold cable off front wheel Buff chrome steel 1 ¼ ape/dresser fat bars – handlebars | Rejected – US invoice |
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| Buff chrome steel 1 ¼ ape/dresser fat bars | Not specified | T8J p118 | 20.06.2007 | $175.89 US | N/A | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid. Not satisfied that this is a motorcycle part, does not meet the requirements of s 6(b) of the Regulations.
|
| Harley Davidson Pegasus patch | 2003 FXSTB Harley Davidson Night Train | T8K p119 | 22.07.2009 | $152.50 US | Accessory | Rejected – US – not an invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid. Not a motorcycle part. |
| Glass motorcycle engine set | Not specified | T8L p120 | 19.10.2011 | $300.00 US | N/A | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid.
|
| Return spring pack | 1997 VW Bon-Trike | T8M p121 | 18.06.2014 | £10.17 | For rebuild of broken carbies on Trike motor | Rejected – UK invoice | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Rustoleum universal all purpose metallic paint (x3) | 1997 VW Bon-Trike | T8N p122 | 26.05.2017 | $45.00 ($15.00 each) | To spray paint parts (motor blew up) | Rejected – accessory | Not a motorcycle part. |
| Anchorbond colorbond touch up spray paint (x3) | 1997 VW Bon-Trike | T8O p123 | 26.05.2017 | $43.50 ($14.50 each) | To spray paint parts (motor blew up) | Rejected – accessory | Not a motorcycle part. |
| Sandblast, prep and powdercoat | 1997 VW Bon-Trike | T8P p124 | 21.06.2018 | $352.00 | To have parts powder coated after motor blew up | Rejected – service to bike | Not a motorcycle part. |
| Premium leather dye oxblood 125ml | All motorcycles | T8Q p125 | 22.07.2021 | $12.00 | For maintenance of keeping leather looking like new from splitting and fading | Rejected – accessory | Not an eligible motorcycle part. |
| Premium leather sealer dull 125ml | All motorcycles | T8Q p125 | 22.07.2021 | $12.00 | For maintenance of keeping leather looking like new from splitting and fading | Rejected – accessory | Not a motorcycle part. |
| Leather dye oxblood 200ml | All motorcycles | T8R p126 | 22.07.2021 | $15.00 | For maintenance of keeping leather looking like new | Rejected – accessory | Not a motorcycle part. |
| Biltwell Inc Lane splitter helmet | All motorcycles | T8S p127 | 19.09.2021 | $399.99 | Helmet as required to wear by Australian law | Rejected – accessory | Not a motorcycle part. |
| Blow gun – high flow 3/8” | All motorcycles | T8T p128 | 07.10.2021 | $22.73 | For air compressor drying maintenance of motorcycles/trike | Rejected – accessory | Not a motorcycle part. |
| Air coupler – 3/8” | All motorcycles | T8T p128 | 07.10.2021 | $3.64 | For air compressor drying maintenance of motorcycle/trike | Rejected – accessory | Not a motorcycle part. |
| Dark brown distressed leather vest with studs | All motorcycles | T8U p129 | 13.10.2021 | $159.98 | For protection riding motorcycles/trike | Rejected – accessory | Not a motorcycle part. |
| Testors Harley Davidson | Not specified | T8V p130 | 13.11.2021 | $199.99 | N/A | Rejected – US invoice | No evidence that this is a motorcycle part. |
| Replica battery 6 volt with small terminal 53-0795 (x2) | 1959 Harley Davidson Panhead | T8W p131 | 12.07.2022 | $259.18 ($129.59 each) | Replacement battery which would not hold charge for panhead | Rejected – US invoice | Not satisfied that this is a motorcycle part within s 6 of the Regulations.
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| Harley-Davidson Analog chrome billet clock part # 75755-03 (x3) | 2003 FXSTB Harley Davidson Night Train | T8X p132 | Not specified | $135.72 ($45.24 each) US | Clock fits on handlebars to tell time | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid. Not a motorcycle part, but an accessory |
| Realsteel bolt caps pointed Midwest page 14-6 item # 40-668 (x2) | 2003 FXSTB Harley Davidson Night Train | T8X p132 | Not specified | $13.24 ($6.62 each) US | Chrome motorcycle fork caps | Rejected – US invoice | Invoice date unclear so cannot determine whether purchase was made after 1 July 2000 (s 6(1)(a) of the Regulations). Unclear if this was an online purchase made after 1 July 2017. If the purchase was before 1 July 2017, then evidence of GST paid is required. |
| Firstgear fire jacket size XL black and red | All motorcycles | T8X p132 | Not specified | $210.00 US | For protection | Rejected – US invoice | Not satisfied that this is a motorcycle part. |
| Wild1 Chubby 10in Apes | 2003 FXSTB Harley Davidson Night Train | T8Y p133 | Not specified | $199.95 US | Handlebars | Rejected – US invoice | Not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. There is no evidence that GST was paid. Not satisfied that this is a motorcycle part within s 6 of the Regulations. |
| Trumpet horn mount bracket | 1959 Harley Davidson Panhead | Unclear | 06.07.2022 | Unclear | Replacement of cloth worn out horn mount panhead | Rejected – US – not an invoice | Not satisfied that this is a motorcycle part within s 6 of the Regulations. |
| K&N replacement air filter element | 1997 VW Bon-Trike | Unclear | Unclear | Unclear | Replacement of blown up air filters | Rejected – US – not an invoice |
|
Application Part #4
| Claimed part | Claimed for which motorbike? | Reference | Date | Amount | Applicant’s reasoning for purchase | Accepted or rejected by delegate? | Tribunal’s Determination |
| Various | Not specified | T9B pp141-158 | 19.01.2003 – 04.07.2022 | Various | N/A | Rejected – Not an invoice | This is an eBay purchase history and not an ‘invoice’ for the purposes of section 29-70 of the ANTS (GST) Act. |
Application Part #5
| Claimed part | Claimed for which motorbike? | Reference | Date | Amount | Applicant’s reasoning for purchase | Accepted or rejected by delegate? | Tribunal’s Determination |
| Harley Davidson FLH Panhead Motorcycle T-shirt | All motorcycles | T17A / T17H p188 / p256 | 26.08.2022 | $48.61 | Accessory T-shirt | Rejected (no reason provided) | Not a motorcycle part. |
| Gauge Tyre Pencil small letter | All motorcycles | T17B p189 | 05.09.2022 | $16.99 | Tyre pressure checker | Rejected (no reason provided) | Not a motorcycle part. |
| Brake fluid | Not specified | T17D / T17E pp191 / 193 | 15.09.2022 | $9.90 | N/A | Rejected (no reason provided) | Not a motorcycle part. |
| Makita starlock multi tool blades for wood, metal & nails | All motorcycles | T17F p194 | 21.09.2022 | $30.90 | For maintenance | Rejected (no reason provided) | Not a motorcycle part. |
| Luggage racks x 2 | 2003 FXSTB Harley Davidson Night Train | T17C p190 | 06.09.2022 | $477.78 | Chrome luggage racks, rare 1959 Panhead missing/damaged parts unavailable so purchased 2 one as a spare | Rejected (no reason provided) | Not a motorcycle part, but an accessory |
| Perform RWC inspection | 1959 Harley Davidson Panhead | T17D pp191-193 | 15.09.2022 | $2,288.80 | Roadworthy inspection | Rejected (no reason provided) | Not a motorcycle part. |
| Dririder Woman’s cruise black jacket (14) | All motorcycles | T17G p195 | Not specified | $233.96 | Ladies jacket to keep dry and protection | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Davidson Helmet Drawstring Black Bag | All motorcycles | T17H p196 | 18.07.2020 | $8.99 | As above | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Davidson Black Helmet Dust Cover Helmet Bag | All motorcycles | T17H p196 | 18.07.2020 | $14.99 US | As above | Rejected (no reason provided) | Not a motorcycle part. |
| HELMAR – Foam Glue – Acid Free – 125ml bottle | Not specified | T17H p197 | 09.09.2020 | $14.90 | To glue damaged helmet insides together | Rejected (no reason provided) | Not a motorcycle part. |
| 12pc Bungee Cord Set Octopus Luggage Strap Tie Downs 4x24” 4x18” 4x12” | All motorcycles | T17H p198 | 10.09.2020 | $55.90 | To tie down luggage | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Davidson Black Motorcycle Helmet Drawstring Bag Cloth Cover | All motorcycles | T17H p199 | 07.10.2020 | $18.00 US | To keep helmets in better condition as the foam inside and padding come apart | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Davidson Motorcycles Helmet Dust Cover Bag Skeleton Bones Orange Black | All motorcycles | T17H p199 | 07.10.2020 | $16.50 US | To keep helmets in better condition as the foam inside and padding come apart | Rejected (no reason provided) | Not a motorcycle part. |
| Pro Audio Speaker Cable | All motorcycles | T17H p200 | 24.01.2021 | $24.50 | Maintenance to keep all battery trickle charged from solar panels | Rejected (no reason provided) | Not a motorcycle part. |
| 5M Speaker Cable Wire Vehicles Home Stereo HiFi Audio | All motorcycles | T17H p200 | 24.01.2021 | $8.99 | As above | Rejected (no reason provided) | Not a motorcycle part. |
| Bobster cruiser motorcycle riding sunglasses orange amber lens *NEW* XVS harley | All motorcycles | T17H p201 | 03.02.2021 | $39.00 | Sunglasses for eye protection | Rejected (no reason provided) | Not a motorcycle part. |
| F-type compression crimper hand tool rotary coaxial cable cutter + 20x connectors | All motorcycles | T17H p202 | 09.02.2021 | $21.89 | For use of solar panels to connect to motorcycle/trike to trickle charge | Rejected (no reason provided) | Not a motorcycle part. |
| Extension test leads for multimeter banana plug clips alligator 1 meter OZ | All motorcycles | T17H p203 | 16.06.2021 | $9.96 | For use with maintenance with Multi-Meter | Rejected (no reason provided) | Not a motorcycle part. |
| Leather Dye Oxblood 200ml | All motorcycles | T17H p204 | 06.07.2021 | $15.00 | As above | Rejected (no reason provided) | Not a motorcycle part. |
| 10-Pcs DIY leathercraft wool leather dye dauber finish applicator tool kit | All motorcycles | T17H p205 | 11.07.2021 | $19.00 | To apply leather dye | Rejected (no reason provided) | Not a motorcycle part. |
| Leather Dye Oxblood 200ml | All motorcycles | T17H p206 | 22.07.2021 | $15.00 | Maintenance of motorcycle leather products | Rejected (no reason provided) | Not a motorcycle part. |
| Men vintage motorcycle leather waistcoat distressed brown biker leather vest | Not specified | T17H p207 | 14.08.2021 | $79.99 | N/A | Rejected (no reason provided) | Not a motorcycle part. |
| DC10-100V LCD battery level indicator voltmeter voltage tester blue backlight | All motorcycles | T17H p208 | 16.08.2021 | $16.51 | To check battery voltage | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Davidson Belt Heritage Softail | All motorcycles | T17H p209 | 22.08.2021 | $65.00 | Leather belt to wear on jeans | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Davidson motorcycles Australia Belt Buckle | All motorcycles | T17H p209 | 22.08.2021 | $120.00 | Belt buckle to wear on jeans | Rejected (no reason provided) | Not a motorcycle part. |
| Vintage 90s Harley Davidson leather panhead Jacket vest convertible size XL | 2003 FXSTB Harley Davidson Night Train | T17H p210 | 04.09.2021 | $250.00 US | For wearing for motorcycle protection | Rejected (no reason provided) | Not a motorcycle part. |
| Motorcycle breathable seat cushion 3D inflatable air pad anti-vibration Pressure | 2003 FXSTB Harley Davidson Night Train | T17H p211 | 18.09.2021 | £27.97 | For lady comfort with bad back | Rejected (no reason provided) | Not satisfied that this is a motorcycle part within s 6 of the Regulations. |
| Double Seat cushion 3D inflatable Air Pad anti-vibration pressure relief | 1997 VW Bon-Trike | T17H p212 | 18.09.202 | $58.68 | For lady comfort with bad back | Rejected (no reason provided) | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations) |
| Motorcycle Air Cushion Inflatable Seat 3D Blow Anti-Vibration W/Inflator Pump | Not specified | T17H p212 | 18.09.2022 | $35.70 | N/A | Rejected (no reason provided) | Not a motorcycle part. |
| Biltwell Inc Lane Splitter Motorcycle Helmet | All motorcycles | T17H p213 | 19.09.2021 | $399.99 | For lady to wear as required by Australian law | Rejected (no reason provided) |
Not a motorcycle part. |
| New Dririder Blizzard 3 Ladies Textile Pants Black/Black | All motorcycles | T17H p214 | 20.09.2021 | $179.96 | For lady comfort and riding protection | Rejected (no reason provided) | Not a motorcycle part. |
| For Harley Touring Heritage Softail 09-17 Black Backrest Sissy Bar Luggage Rack | 2003 FXSTB Harley Davidson Night Train | T17H p214 | 20.09.2021 | $246.90 | As above | Rejected (no reason provided) | Not a motorcycle part. |
| Motor Passenger Sissy Bar Backrest Cushion Pad for Harley Chopper Universal YS | 2003 FXSTB Harley Davidson Night Train | T17H p215 | 23.09.2021 | $18.42 | Padded back sissy bar for passenger | Rejected (no reason provided) | Not a motorcycle part. |
| Old Harley Davidson Leather Travel Duffle Bag 2 Strap 22”x10”x12” Made in Italy | All motorcycles | T17H p216 | 25.09.2021 | $240.00 US | To carry luggage | Rejected (no reason provided) | Not a motorcycle part. |
| Old Harley Davidson Leather Travel Duffle Bag 2 Strap 22”x10”x12” Made in Italy | All motorcycles | T17H p216 | 25.09.2021 | $200.00 US | To carry luggage | Rejected (no reason provided) | Not a motorcycle part. |
| Vintage Harley Davidson Soft Saddlebags Carrier Side Bag Nylon Luggage | All motorcycles | T17H p216 | 25.09.2021 | $55.00 US | As above | Rejected (no reason provided) | Not a motorcycle part. |
| Motorcycle Pannier Leather Saddlebags Saddle Bags Luggage Side Bag Universal PE | All motorcycles | T17H p217 | 07.10.2021 | $157.69 | To carry luggage | Rejected (no reason provided) | Not a motorcycle part.
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| Holts PEP Koroade Kure 60mL | All motorcycles | T17H p219 | 31.01.2022 | $19.99 | This is goo you put on battery terminals to stop them corroding | Rejected (no reason provided) | Not a motorcycle part. |
| Ocky Straps 12” 18” 24” 30” 36” 48” 72” Tie Downs | All motorcycles | T17H p220 | 28.03.2022 | $26.00 | To tie down luggage, replacement for damaged parts (different sizes) | Rejected (no reason provided) | Not a motorcycle part. |
| Ocky Straps 12” 18” 24” 30” 36” 48” 72” Tie Downs | All motorcycles | T17H p220 | 28.03.2022 | $22.00 | To tie down luggage | Rejected (no reason provided) | Not a motorcycle part. |
| Ocky Straps 12” 18” 24” 30” 36” 48” 72” Tie Downs | All motorcycles | T17H p220 | 28.03.2022 | $24.00 | To tie down luggage | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Davidson 1940-65 gas tank shut off operating knob extension chrome 7801-2 | Not specified | T17H p221 | 23.04.2022 | $21.25 | N/A | Rejected (no reason provided) | Not satisfied that this is a motorcycle part within s 6 of the Regulations.
No evidence of which motorcycle this was purchased for. |
| Saas Silicone Hose Clamp T-Bolt Stainless Steel 76mm x 3 inch – High Quality | Not specified | T17H p221 | 20.04.2022 | $12.00 | N/A | Rejected (no reason provided) |
|
| Rainbird Adults Unisex Waterproof STOWaway Jacket Navy, Black, Fluoro Yellow | All motorcycles | T17H p222 | 25.04.2022 | $64.95 | To keep dry whilst riding in the rain | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Knucklehead Panhead Shovelhead Dash Cover chrome trim | 1959 Harley Davidson Panhead | T17H p222 | 08.05.2022 | $69.95 US | Missing damaged original part | Rejected (no reason provided) |
|
| Harley Davidson patented nameplate oil tank nameplate medallion | 1959 Harley Davidson Panhead | T17H p223 | Not specified | $34.99 US | To make 1959 panhead original part (missing/damaged) | Rejected (no reason provided) |
|
| Harley 61776-56 Two Oil Tank Decals Panhead FLH 56-60 waterside one pair | 1959 Harley Davidson Panhead | T17H p223 & p238 | 08.05.2022 | $13.95 US | Original damaged part missing | Rejected (no reason provided) | Not a motorcycle part, but an accessory, so it must have been bought at the same time as the motorcycle on 24 May 2022. |
| Harley Davidson duo glide Panhead Shovelhead Centre Stand | 1959 Harley Davidson Panhead | T17H p224 | 09.05.2022 | $169.00 US | Part required for missing/damaged centre stand | Rejected (no reason provided) |
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| 20pcs round belt screw leather wallet craft Chicago nail brass rivets stud head | 2003 FXSTB Harley Davidson Night Train | T17H p225 | 12.05.2022 | $9.19 | Brass rivets to replace rusty ones | Rejected (no reason provided) | Eligible part. Allow. |
| 20pcs round belt screw leather wallet craft Chicago nail brass rivets stud head | 2003 FXSTB Harley Davidson Night Train | T17H p226 | 12.05.2022 | $8.99 | To replace rusty rivets | Rejected (no reason provided) | Eligible part.
|
| 10-32 3/16” ¼” 5/16” 3/8” ½” UNF Imperial Fine Hex Set Screw Stainless G304 | All motorcycles | T17H p226 | 18.05.2022 | $11.00 | Stainless screws to replace rusty old screws | Rejected (no reason provided) |
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| Rainbird Adults Unisex Waterproof STOWaway Waterproof Overpant Navy, Black, Fluro Yellow | All motorcycles | T17H p227 | 19.05.2022 | $59.95 | To keep dry when riding in the rain | Rejected (no reason provided) | Not a motorcycle part. |
| Motorcycle number plate/surround, & clear lens “polished” Triumph etc | 2003 FXSTB Harley Davidson Night Train | T17H p227 | Not specified | $39.00 | Number plate surround to stop number plate falling off. Missing/damaged | Rejected (no reason provided) | Not satisfied that this is a motorcycle part within s 6 of the Regulations.
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| Projecta 6/12 volt 4amp 8 stage battery charger maintainer AC040 | All motorcycles | T17H p228 | 30.05.2022 | $91.64 | Battery charger | Rejected (no reason provided) | Not a motorcycle part. |
| 2000TC ultra soft top flat sheet super king single double queen size bed sheet | 1959 Harley Davidson Panhead | T17H p229 | 01.06.2022 | $23.91 | This is a bed sheet purchased to keep bike in good condition and dust off it | Rejected (no reason provided) | Not a motorcycle part. |
| Drag specialties medium 9.5x6.5 mud flap chrome studded Harley Davidson | 1959 Harley Davidson Panhead | T17H p230 | 03.06.2022 | $43.90 US | Missing original/damaged mud flap part | Rejected (no reason provided) | Not satisfied that this is a motorcycle part within s 6 of the Regulations. |
| Harley Davidson Key for Oval Tool Box (2 pack) VT50-0603 | 1959 Harley Davidson Panhead | T17H p231 | 03.06.2022 | $20.00 | Missing/damaged toolbox key attached to motorcycle | Rejected (no reason provided) | Not a motorcycle part, but an accessory. |
| K&N filter recharge clean and oil kit 99-5050 | All motorcycles | T17H p232 | 06.06.2022 | $19.51 | To clean dirty air filters | Rejected (no reason provided) | Not a motorcycle part. |
| 6V 12V 10A auto solar panel charge controller battery charger regulator P&11 | 1959 Harley Davidson Panhead | T17H | 18.06.2022 | $10.39 | Solar panel to keep 6 volt battery charged | Rejected (no reason provided) | Not a motorcycle part. |
| LOCTITE 406-243 medium strength thread-locker industrial super glue | All motorcycles | T17H p234 | 19.06.2022 | $15.99 | To stop bolt threads from coming loose | Rejected (no reason provided) | Not a motorcycle part. |
| SAE bullet connector to alligator clips power cable battery charging cable 60cm | All motorcycles | T17H p234 | 19.06.2022 | $12.95 | Battery connection to extend out from bike for easy battery charging | Rejected (no reason provided) | Not a motorcycle part. |
| SAE bullet connector to alligator clips power cable battery charging cable 90cm | All motorcycles | T17H p234 | 19.06.2022 | $17.95 | Battery connection to extend out from bike for easy battery charging | Rejected (no reason provided) | Not a motorcycle part. |
| Exhaust sealant grey 999 RTV silicone-sensor safe & high temp | All motorcycles | T17H p236 | 19.06.2022 | $20.99 | Exhaust sealant to stop exhaust leaks | Rejected (no reason provided) | Not a motorcycle part. |
| Lucas oil grease white lithium conventional 237ml tube (10533) | All motorcycles | T17H p236 | 19.06.2022 | $25.90 | Stops fuel from escaping | Rejected (no reason provided) | Not a motorcycle part. |
| General motorcycle car long mouth funnel plastic refuelling oil filling tools | All motorcycles | T17H p236 | 19.06.2022 | $21.70 | For maintenance of putting in oil etc | Rejected (no reason provided) | Not a motorcycle part. |
| Toolking ODD8 oil coolant water drain dishpan 8 litre capacity plastic | 1959 Harley Davidson Panhead | T17H p237 | 20.06.2022 | $18.00 | 1959 Harleys had ‘total lose oil system’ thus drips oil everywhere so this was to catch the oil | Rejected (no reason provided) | Not a motorcycle part. |
| Harley 61776-56 two oil tank decals Panhead FLH 56-60 water slide one pair | 1959 Harley Davidson Panhead | T17H p237 | 20.06.2022 | $13.95 US | Missing original decals from Panhead | Rejected (no reason provided) |
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| SAE connector to merit cigarette plug power cable battery charging cable 2m | All motorcycles | T17H p237 | 19.06.2022 | $23.95 | Battery connection to extend out from bike for easy battery charging | Rejected (no reason provided) | Not a motorcycle part. |
| V-Twin 50-0795-Replica Battery 6 volt with small terminal | 1959 Harley Davidson Panhead | T17H p239 / p242 | 21.06.2022 | $125.70 US | 6 volt battery as unavailable in Australia for old Panhead, old one not holding charge (damaged) | Rejected (no reason provided) | Not satisfied that this is a motorcycle part within s 6 of the Regulations. |
| Motorcycle motorbike HD Harley Davidson imperial wrench under seat tool kit | 1959 Harley Davidson Panhead | T17H p240 | 21.06.2022 | $47.00 | Harley tool kit rejected but delegate accepted another Harley wrench?? | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Panhead pointed peaked top accessory windshield w/red bottom | 1959 Harley Davidson Panhead | T17H p241 / p243 | 21.06.2022 | $344.99 US | Missing/damaged original Panhead windscreen which came as standard back in the day | Rejected (no reason provided) |
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| 6V 12V1.5amp battery charger maintainer for Harley Davidson motorcycles | 1959 Harley Davidson Panhead | T17H p244 | 21.06.2022 | $29.99 | Battery maintainer to keep 6V Panhead battery charged | Rejected (no reason provided) | Not a motorcycle part. |
| Penrite motorcycle chain lube 400ml | 1959 Harley Davidson Panhead | T17H p245 | 25.06.2022 | $25.00 | Rear chain lube maintenance as chain dry | Rejected (no reason provided) | Not a motorcycle part. |
| Harley Davidson Motorcycles 50th Anniversary Front Fender Emblem, Panhead FLH | 1959 Harley Davidson Panhead | T17H p246 | 28.06.2022 | $99.95 US | Missing original part | Rejected (no reason provided) | Not satisfied that this is a motorcycle part within s 6 of the Regulations. |
| Drag Specialties 5/16” 33-6009-HC4 DS-223001 | 1959 Harley Davidson Panhead | T17H p247 | 29.06.2022 | $17.90 | I think these are replacement washers | Rejected (no reason provided) |
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| SCA oil drain pan – 5 litre | 1959 Harley Davidson Panhead | T17H p248 | 29.06.2022 | $6.99 | To catch oil drips from total lose system | Rejected (no reason provided) | Not a motorcycle part. |
| New Harley Big Twin Panhead 45’s hummer waffle handle grips 56212-53 RED | 1959 Harley Davidson Panhead | T17H p249 | 19.07.2022 | $42.50 US | Spare set of grips as 1959 original grips unavailable – spare set | Rejected (no reason provided) |
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| Solar wireless car TPMS tyre pressure monitoring system + 4 external sensor MEL | 1997 VW Bon-Trike | T17H p251 | 25.07.2022 | $68.00 | Tyre pressure indicators | Rejected (no reason provided) | Not purchased for an eligible motorcycle (ss 5(1)(a) and 6(1)(a) of Regulations). Not satisfied that this is a motorcycle part within s 6 of the Regulations. |
| AU solar motorcycle TPMS tire pressure monitoring alarm system with 2 sensors | 2003 FXSTB Harley Davidson Night Train | T17H p251 | 23.07.2022 | $111.00 | Tyre pressure indicators | Rejected (no reason provided) |
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| AU solar motorcycle TPMS tire pressure monitoring alarm system with 2 sensors | 1959 Harley Davidson Panhead | T17H p251 | 23.07.2022 | $111.00 | Tyre pressure indicators | Rejected (no reason provided) |
| Trumpet horn Harley Panhead Duoglide Knucklehead FL FLH FLE DUO OEM | 1959 Harley Davidson Panhead | T17H p252 | 26.07.2022 | $425.00 US | Missing defective/damaged part trumpet horn for Panhead | Rejected (no reason provided) |
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| Chrome trumpet horn power pack mount bracket Harley Panhead Shovelhead 1954-84 | 1959 Harley Davidson Panhead | T17H p253 | 27.07.2022 | $17.99 US | N/A | Rejected (no reason provided) |
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| Sidchrome battery hydrometer | All motorcycles | T17H p254 | 01.08.2022 | $24.48 | Hydrometer to check battery condition | Rejected (no reason provided) | Not a motorcycle part. |
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Administrative Law
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Statutory Interpretation
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