Document ID: chunk:federal_register_of_legislation:C2024C00866:section:105
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 105
Character Range: 1438187–1440659

105  Vehicle Assistance Scheme
 (1) The Commission may, in writing, determine a scheme for the provision of motor vehicles to veterans eligible under this section to participate in the scheme and for the payment of allowances towards the cost of running and maintaining vehicles so provided.
 (5) A veteran is, subject to subsection (7), eligible to participate in the scheme if the veteran is incapacitated from war‑caused injury or war‑caused disease by reason of:
 (a) amputation of both legs above the knee;
 (b) amputation of one leg above the knee and, in addition:
 (i) amputation of the other leg at or above the ankle and amputation of one arm at or above the wrist; or
 (ii) amputation of both arms at or above the wrists;
 (c) complete paraplegia resulting in the total loss of voluntary power in both legs to the extent that there is insufficient power for purposeful use for stance or locomotion; or
 (d) a condition that, in the opinion of the Commission, is similar in effect or severity to a condition described in paragraph (a) or (b).
 (7) For the purposes of subsection (5):
 (a) a leg that has been rendered permanently and wholly useless above the knee shall be treated as if it had been amputated above the knee;
 (b) a veteran shall not be taken to be incapacitated by reason of the disability described in paragraph (5)(c) unless the disability is such that surgical or other therapeutic measures are not reasonably capable of restoring power for purposeful use for stance or locomotion.

Determination must be approved by the Minister
 (8) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
 (9) A determination under subsection (1) approved by the Minister and as in force from time to time is the Vehicle Assistance Scheme.

Variation or revocation of Vehicle Assistance Scheme
 (10) The Commission may, by written determination, vary or revoke the Vehicle Assistance Scheme.
 (11) A determination under subsection (10) has no effect unless the Minister has approved it in writing.

Legislative instruments
 (12) A determination under subsection (1) or (10) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

Provision of benefits
 (13) The Commission may provide benefits for veterans referred to in subsection (5) under and in accordance with the provisions of the Vehicle Assistance Scheme.