Document ID: chunk:federal_register_of_legislation:F2015L01245:body:0:p7
Version: federal_register_of_legislation:F2015L01245
Segment Type: other
Provision Reference: 
Character Range: 17567–20535

when determining the amount of any subsidy under the Scheme.

3.4.4          Circumstances when a person is eligible for a replacement motor vehicle

    3.4.4 Subject to any other provision of this Part, where a person has received compensation in the form of a subsidy under this Scheme to assist with the purchase of a motor vehicle, the person is eligible for compensation to assist with the purchase of a new or second hand replacement motor vehicle under this paragraph if:

      (a)     the person's:

            (i)                  application for compensation under paragraph 3.4.4 is made at least 5 years after the person last received compensation under paragraph 3.1.1 or 3.4.4; or

             (ii)                 motor vehicle has travelled at least 100,000 kilometres after it was purchased or modified, whichever last occurred; or

            (iii)             motor vehicle that was purchased with compensation in the form of a subsidy is stolen or destroyed through no fault of the person; or

         (iv)              if the person's existing motor vehicle has not been destroyed—the person trades in or sells his or her existing motor vehicle in respect of which the person has received compensation in the form of a subsidy under this Scheme to assist with the purchase of a motor vehicle; and

      (b)     an occupational therapist or other approved rehabilitation provider has made a written recommendation to the Commission that the occupational therapist is satisfied on reasonable grounds that the person would derive benefit directly from:

         (i)                  driving a motor vehicle, taking account of the benefits to the person's physical and mental health and the person's level of mobility without driving a motor vehicle; or

         (ii)               being driven in a motor vehicle, taking account of the benefits to the person's physical and mental health and the person's level of mobility without access to a motor vehicle; and

      (c)     a qualified mechanic considers that it is appropriate to replace the person's existing vehicle taking into account the existing motor vehicle's maintenance and service history, and its condition and safety.

    3.4.5 For the purposes of paragraph 3.4.4, a person is not to be taken to derive direct benefit through the use of the motor vehicle by another person.

3.4.6 Determining the amount of any subsidy

The amount of any subsidy under paragraph 3.4.4, is such amount as the Commission considers is reasonable, after deducting the trade-in value at arm's length of the person's existing motor vehicle (if any) and taking account of all the circumstances the Commission thinks are relevant, including all, or any, of the following:

      (a)     the nature of the person's impairment;

      (b)     the type and cost of the motor vehicle that the person is proposing to purchase;

(cc) the type and cost of accessories that are reasonably required for the