Document ID: chunk:federal_register_of_legislation:F2007C00598:body:0:p5
Version: federal_register_of_legislation:F2007C00598
Segment Type: other
Provision Reference: 
Character Range: 9997–12506

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 motorcycle benefit

  The motorcycle benefit in relation to a motorcycle or motorcycle part is:
 (a) if the GST inclusive market value of the motorcycle or motorcycle part does not exceed the car limit — an amount equal to 1/11 of the value; or
 (b) if the GST inclusive market value of the motorcycle or motorcycle part exceeds the car limit — an amount equal to 1/11 of the car limit.

Note 1   A payment under these Regulations is exempt from income tax —see sections 52‑65 and 52‑75 of the Income Tax Assessment Act 1997.

Note 2   A payment received by a person under these Regulations is determined to be an exempt lump sum under paragraph 5H (12) (c) of the Act, and is therefore not part of the person's ordinary income for the purposes of the Act — see the definition of ordinary income in subsection 5H (1) of the Act.

14 Payment into bank account

  If the Commission has determined that motorcycle benefit is to be paid to the credit of a bank account nominated and kept by a person, the account may be an account that is kept by the person alone, or jointly or in common with another person.

Note   A pecuniary benefit that is payable to a person under the Act:
(a) is payable in the way the Commission determines — see subsection 122 (4) of the Act; and
(b) may, on request by the person, be paid to another person if the Commission approves the payment to that other person — see subsection 122 (2) of the Act.

15 Repayment of motorcycle benefit in certain circumstances

 (1) This regulation applies if motorcycle benefit has been paid to a person.

 (2) If the Commission is satisfied that, in the relevant period, the person owns a car that is GST‑free, the Commission must:
 (a) decide that the person must repay the whole, or a part, of the benefit; and
 (b) notify the person, in writing, of:
 (i) the decision; and
 (ii) the reasons for the decision; and
 (iii) the person's right, if dissatisfied with the decision, to request the Commission to review the decision.

 (3) An amount to be repaid under a decision under subregulation (2) is a debt due to the Commonwealth.

 (4) For subregulation (2), the relevant period for a person is the period beginning on the day when the person purchased the motorcycle to which the motorcycle benefit relates, and ending on the day