Part 2Eligibility for motorcycle benefit

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

(c) in the 2 years before the day the purchase mentioned in paragraph (a) is made:

(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

(c) the Commission is satisfied that there are special circumstances justifying the purchase.

Example—special circumstance

Note: 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