Document ID: chunk:federal_register_of_legislation:F2007C00598:body:0:p4
Version: federal_register_of_legislation:F2007C00598
Segment Type: other
Provision Reference: 
Character Range: 7489–10206

created tax invoice, as required by the ANTS GST Act to be issued in relation to the purchase of the motorcycle or motorcycle part.

 (2) 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.

 (3) An application may be made by a person on behalf of another person.

 (4) An application must not be made by, or on behalf of, a person unless the person is in Australia on the day when the application is forwarded, or delivered, under subregulation (2).

8 Withdrawal of application

 (1) An applicant for motorcycle benefit 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 (2) An application that is withdrawn is taken not to have been made.

 (3) The Department must make a written record of a withdrawal that is made orally.

 (4) An applicant must not withdraw an application that was made on behalf of another person, unless the applicant is authorised in writing by the person to withdraw the application.

9 Investigation of application

 (1) If an application that complies with regulation 7 is made, the Secretary must investigate the application.

 (2) After the investigation is finished, the Secretary must submit the application to the Commission for decision.

 (3) An application that is submitted to the Commission must be accompanied by:
 (a) any evidence submitted with the application; and
 (b) any documents relevant to the application that are under the control of the Department, including any relevant evidence or documents obtained during the investigation.

10 Commission to decide application

 (1) The Commission must decide an application submitted to it by the Secretary.

 (2) The Commission may decide to grant the application if it is satisfied that the person by, or on behalf of, whom the application is made is eligible for motorcycle benefit.

 (3) The Commission must make a written record of the decision.

11 Notification of decision

  The Commission must notify the applicant, in writing, of:
 (a) the decision; and
 (b) the reasons for the decision; and
 (c) the applicant's right, if dissatisfied with the decision, to request the Commission to review the decision.

12 Date of effect of decision

 (1) This regulation applies to a decision under regulation 10, 15 or 17.

 (2) A decision takes effect on the day specified in the decision.

 (3) The day may be the day when the decision is made, or a later or earlier day.

Part 4 Payment of motorcycle benefit

13 Amount of