Section 1061PAA — Social Security Act 1991: Qualification for Australian Victim of Terrorism Overseas Payment

Qualification for AVTOP (1) A person is qualified for an Australian Victim of Terrorism Overseas Payment if: (a) the person is a primary victim or a secondary victim of a declared overseas terrorist act; and (b) the person and the person’s close family members were not involved in the commission of the terrorist act; and (c) the person: (i) is an Australian resident on the day the terrorist act occurred; or (ii) is covered by a determination under subsection (6). Note: For declared overseas terrorist act see section 35B. Meaning of primary victim (2) A person is a primary victim of a declared overseas terrorist act if the person: (a) was in the place where the terrorist act occurred; and (b) was harmed (within the meaning of the Criminal Code) as a direct result of the terrorist act. Meaning of secondary victim (3) A person is a secondary victim of a declared overseas terrorist act if the person is a close family member of a person who: (a) was in the place where the terrorist act occurred; and (b) died, before the end of 2 years starting on the day the terrorist act occurred, as a direct result of the terrorist act. Meaning of close family members (4) The following are a person’s close family members: (a) the person’s partner; (b) the person’s child; (c) the person’s parent; (d) the person’s sibling; (e) the person’s legal guardian. Meaning of involved (5) A person was involved in the commission of a declared overseas terrorist act if the person: (a) aided, abetted, counselled or procured the terrorist act; or (b) induced the terrorist act, whether through threats or promises or otherwise; or (c) was in any way (directly or indirectly) knowingly concerned in, or a party to, the terrorist act; or (d) conspired with others to effect the terrorist act. Ministerial determination (6) The Minister may, by legislative instrument, determine a specified class of persons for the purposes of subparagraph (1)(c)(ii).