Veterans’ Entitlements (Special Assistance—Motorcycle Purchase) Instrument 2025

EXPLANATORY STATEMENT

Veterans’ Entitlements (Special Assistance—Motorcycle Purchase) Instrument 2025

Authority

1.       The Repatriation Commission (the Commission) makes this instrument under section 106 of the Veterans’ Entitlements Act 1986 (the Act).

Purpose

1.       The Veterans’ Entitlements (Special Assistance—Motorcycle Purchase) Instrument 2025 (the Motorcycle Purchase Instrument) is intended to provide an exemption from Goods and Services Tax (GST) to eligible veterans in the purchase of a motorcycle or motorcycle parts.
2.       The instrument replaces the Veterans’ Entitlements (Special Assistance—Motorcycle Purchase) Regulations 2001 (the Motorcycle Purchase Regulations).  A summary of the changes is provided in Attachment A.
3.       The instrument is a legislative instrument.

Overview

1.       A person is entitled to a motorcycle benefit if the person:

• is a veteran to whom section 24 of the Act applies and receives a pension under Part II of the Act; or
• has lost a leg or both arms due to a war-caused injury, war-caused disease, defence-caused injury or defence-caused disease; or
• has had a leg or both arms rendered permanently and completely useless due to a war-caused injury, war-caused disease, defence-caused injury or defence-caused disease and is eligible to purchase a motorcycle or motorcycle part under section 4 or 5 of the instrument.

1.       The amount of motorcycle benefit is worked out in accordance with Part 4 of the instrument.

Consultation

1.       No specific consultation has occurred as the regulations have continued to operate without objection and there are no significant changes to the policy enabled by the new instrument.

Commencement

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

Contents of this instrument

1.       Section 1 sets out the name of the instrument.
2.   Section 1A provides for the commencement of the instrument.
3.   Section 1B repeals the Motorcycle Purchase Regulations.
4.   Section 2 provides the definitions.
5.   Section 3 provides eligibility for a motorcycle benefit.
6.   Section 4 provides eligibility for the purchase of a motorcycle.
7.   Section 5 provides eligibility for the purchase of parts for a motorcycle.
8.   Section 6 sets out the formal requirements for submitting an application, including the provision of required tax invoices, information and documents. Where the application and accompanying documents constitute personal information, all information is collected, used, and disclosed in accordance with the Privacy Act 1988 as outlined in the privacy statement provided to the veteran when they make an application for the motorcycle benefit.
9.   Section 7 sets out the requirements for withdrawing an application.
10.   Section 8 sets out the process for investigation of an application.
11.   Section 9 provides how the Commission is to decide on an application.
12.   Section 10 sets out how the applicant must be notified of the decision.
13.   Section 11 provides the amount of motorcycle benefit for a motorcycle or motorcycle part inclusive of GST.
14.   Section 12 provides that payment will be made into a bank account.
15.   Section 13 provides a person’s right to request a review of a decision.
16.   Section 14 sets out the Commission’s duty if a request for review is made.
17.   Section 15 provides that a person must receive a written notice of decision when a request for review is submitted.
18.   Section 16 provides that a person whose interests are affected by a decision can apply for review of the decision by the Administrative Review Tribunal.
19.   Sections 17 provides for transitional arrangement to deal with applications made under the Motorcycle Purchase Regulations that have not been decided or finalised when the Motorcycle Instrument commences.

Collection, use and disclosure of personal information

There are formal requirements for submitting an application which must be adhered to, as well as requirements for withdrawing an application. The application for a motorcycle benefit must be investigated by the Secretary in accordance with section 8 of the instrument before it is submitted to the Commission for a decision. With the consent of participants, personal information is sought from applicants to facilitate a decision, via an application form, as to the eligibility of the applicant. Applicants also submit a tax invoice, or a recipient created tax invoice, as required by the A New Tax System (Goods and Services Tax) Act 1999.

The decision maker uses the information submitted by the applicant including the tax invoice, and departmental records of the client, to discharge their duties under paragraphs 8(b)(ii)-(iii) of the Motorcycle Purchase Instrument. The provisions are considered necessary and appropriate as the decision maker requires this information in order to assess the eligibility of the applicant for the rebate.

Personal information is collected, used and disclosed in accordance with the Privacy Act 1988.

Human rights implications

1.   This instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

Making the instrument

1.   The instrument was made by the Repatriation Commission.

Attachment A

Schedule of Amendments in the Motorcycle Purchase Instrument compared to the Motorcycle Purchase Regulations

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Veterans’ Entitlements (Special Assistance—Motorcycle Purchase) Instrument 2025

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Instrument 2025 (the Motorcycle Purchase Instrument) replaces and updates the previous Veterans’ Entitlements (Special Assistance—Motorcycle Purchase) Regulations 2001 (the Motorcycle Purchase Regulations) and provides an exemption from Goods and Services Tax (GST) on the purchase of a motorcycle or motorcycle parts for eligible veterans.

The Commission must make a decision on an application received from the Secretary and must approve the application if it is satisfied that the applicant is eligible for a motorcycle benefit. The Commission must inform the applicant of its decision in writing including the reasons for the decision and the applicant’s right to seek review of the decision if dissatisfied. The decision will take effect on the day specified in the decision.

The instrument provides the amount of motorcycle benefit for a motorcycle or motorcycle part inclusive of GST, which is if its GST inclusive purchase price does not exceed the car limit—an amount equal to 1/11 of the value; or if its GST inclusive purchase price exceeds the car limit—an amount equal to 1/11 of the car limit. The 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.

A person, or another person on the person’s behalf, who is dissatisfied with a decision of the Commission under section 9, may ask the Commission to review the decision. A request for review must but in writing; and set out the grounds on which the request is made; and be lodged with the Commission by being forwarded to, or delivered at, an office of the Department in Australia within 3 months after the day when the person seeking review was informed of the decision. The Commission has a duty to review the decision within 3 months after the day when a request under section 13 was lodged; or within any longer period agreed in writing with the person who made the request. On review of a decision, the Commission must either affirm the decision; or set the decision aside. If the Commission sets aside a decision, it must make a decision in place of the decision set aside. A person to whom the Commission has delegated its power to review decisions under this section must not review a decision if the person made the decision under review. After a decision is reviewed, the Commission must give written notice of the decision to the person seeking review. The written notice must include a statement of reasons for the decision and refer to the applicant’s right to apply to the Administrative Review Tribunal for review of the Commission’s decision; and give reasons for the decision made on review.

The instrument allows for a person whose interests are affected by a decision to apply for review of a decision by the Administrative Review Tribunal. The application must be made within 3 months after the day when the person is given a copy of the written record of the decision.

The instrument provides that an application made under the Motorcycle Purchase Regulations and has not been finalised, will be considered to be made under this instrument.

Human rights implications

The Legislative Instrument engages and promotes the following human rights:

• The right to social security under article 9 of the International Covenant on Economic Social and Cultural Rights (ICESCR).
• The right to an adequate standard of living in Article 11 of ICESCR and Article 28 of the Convention on the Rights of Persons with Disabilities.
• The right to privacy as contained in article 17 of the International Covenant on Economic, Social and Cultural Rights.

Right to social security

The right to social security requires a system be established under domestic law, and that public authorities must take responsibility for the effective administration of the system.  The social security scheme must provide a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water, sanitation, foodstuffs, and the most basic forms of education.

Right to adequate standard of living

The Instrument promotes the right to social security and the right to an adequate standard of living for people with disabilities by allowing and providing guidance for the calculation of an exemption from GST to eligible veterans in the purchase of a motorcycle or motorcycle parts.

Right to privacy

The instrument limits the right to privacy by requiring that an application for motorcycle benefit must be accompanied by authorisation from the veteran for the Secretary to seek relevant information from the applicant in order to assess the eligibility of the applicant for the rebate.

Conclusion

This Legislative Instrument is compatible with human rights because it promotes the right to social security, and the right to an adequate standard of living.

Repatriation Commission

Rule-Maker