Document ID: chunk:federal_register_of_legislation:F2004C00756:front:0:p8
Version: federal_register_of_legislation:F2004C00756
Segment Type: other
Provision Reference: 
Character Range: 16634–19338

under subsection 9 (2) of the Act on the importation of another motor vehicle; or
 (b) the vehicle is acquired in exceptional circumstances to replace a motor vehicle for which a family member received:
 (i) a concession under section 12A of the Act; or
 (ii) an exemption from indirect tax under subsection 9 (2) of the Act.

 (6) For paragraph 12A (1) (a) of the Act, the acquisition of a locally-manufactured motor vehicle by an employee of a State office for the employee's personal use is covered by these Regulations if:
 (a) the vehicle is acquired within the first 6 months of the employee's installation in Australia and the employee has not previously received:
 (i) a concession under section 12A of the Act for the acquisition of another motor vehicle; or
 (ii) an exemption from indirect tax under subsection 9 (2) of the Act on the importation of another motor vehicle; or
 (b) the vehicle is acquired in exceptional circumstances to replace a motor vehicle for which the employee received:
 (i) a concession under section 12A of the Act; or
 (ii) an exemption from indirect tax under subsection 9 (2) of the Act.

 (7) In subparagraphs (4) (b) (i) and (c) (i) and paragraphs (5) (b) and (6) (b):
exceptional circumstances, in relation to the replacement of a motor vehicle, includes the original vehicle being stolen or damaged beyond repair.

Note   Section 12A of the Act establishes an indirect tax concession scheme that provides for reimbursement by the Commissioner of Taxation of indirect tax payable for acquisitions covered by these Regulations.

11B Indirect tax concession scheme — conditions

 (1) For paragraph 12A (3) (a) of the Act, the amount mentioned in subsection 12A (1) of the Act is payable only if the following conditions are satisfied:
 (a) the person who made the acquisition is subject to an agreement in writing between the Representative and the Commonwealth to repay to the Commonwealth the amount worked out under subregulation (2) if:
 (i) for a payment in relation to an acquisition of a motor vehicle — the person disposes of the motor vehicle (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 3 years after it was acquired; or
 (ii) for a payment in relation to an acquisition of goods other than a motor vehicle — the person disposes of the goods (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after they were acquired; or
 (iii)