Part 3Applications for motorcycle benefit

Part 3 Applications for motorcycle benefit

6 Applications—formal requirements

1. A person may apply to the Commission for a motorcycle benefit.
2. 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(2) An application that is withdrawn is taken to have never been made.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(4) If an application was made on behalf of a veteran, the application may be withdrawn by another person only if the veteran has authorised the person, in writing, to withdraw the application.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.