Document ID: chunk:federal_register_of_legislation:F2023L01288:clause:3_7:p1
Version: federal_register_of_legislation:F2023L01288
Segment Type: clause
Provision Reference: sch 3 cl 7 (pt 1/2)
Character Range: 3240–6057

7  Determining amount of AVTOP
 (1) The Secretary must determine the total amount of an AVTOP payable to a primary victim of a declared overseas terrorist act who was at least 16 years at the time of the terrorist act using the following calculator.

      PRIMARY VICTIM TOTAL AMOUNT CALCULATOR—AT LEAST 16 YEARS
           Step 1. Work out the amount in accordance with Division 2.2 by considering the nature of any injuries suffered by the primary victim as a direct result of the terrorist act, disregarding any amount over $75 000.00.
                  Note 1 In making the consideration, the Secretary must disregard the extent to which any injuries, or the effects of any injuries, may be reduced or limited by an external removable aid or appliance.
           Step 2. If the amount is less than $75 000.00, work out the amount in accordance with section 11 by considering the effects of the terrorist act on the primary victim's life.
                  Note 2 In making the consideration, the Secretary must disregard the extent to which any injuries, or the effects of any injuries, may be reduced or limited by an external removable aid or appliance.
           Step 3. Add up the amounts from Steps 1 and 2, disregarding any amount over $75 000.00.
           Step 4. Work out the amount of any financial assistance the primary victim has received from a foreign country for any injuries arising from the terrorist act.
                  Note 3 The amount must not include financial assistance for economic loss resulting from any injuries.
                  Note 4 For any amount of financial assistance received in foreign currency, the exchange rate used for converting the foreign currency to the equivalent Australian Dollar amount is the rate on the date when the payment was received by the primary victim from the foreign country.
           Step 5. Deduct the amount from Step 4 from the result of Step 3.
                  Note 5 The Secretary must not take into account any expenses incurred by the primary victim as a result of the terrorist act.
           Step 6. Work out the amount of reduction in accordance with section 12 by considering any circumstances in which any injuries happened.
           Step 7. Deduct the amount from Step 6 from the result of Step 5.
 (2) The Secretary must determine the total amount of an AVTOP payable to a primary victim of a declared overseas terrorist act who was under 16 years at the time of the terrorist act using following calculator.

      PRIMARY VICTIM TOTAL AMOUNT CALCULATOR—UNDER 16 YEARS
           Step 1. Work out the amount in accordance with Division 2.2 by considering the nature of any injuries suffered by the primary victim as a direct result of the terrorist act, disregarding any amount over $75 000.00.
                  Note