Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1061paa
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1061PAA
Character Range: 1289131–1291177

1061PAA  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).