Document ID: chunk:federal_register_of_legislation:C2024C00484:section:5:p1
Version: federal_register_of_legislation:C2024C00484
Segment Type: section
Provision Reference: s 5 (pt 1/2)
Character Range: 9286–11714

5  Meaning of nuclear test participant etc.
 (1) A person is a nuclear test participant if the person:
 (a) was present in a nuclear test area at any time during:
 (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or
 (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or
 (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and
 (c) was, at that time, an Australian resident.
 (2) A person is a nuclear test participant if the person:
 (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:
 (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or
 (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or
 (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and
 (b) was, at that time:
 (i) a member of the Australian Defence Force; or
 (ii) an employee of the Commonwealth; or
 (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and
 (c) was, at that time, an Australian resident.
 (3) A person is a nuclear test participant if:
 (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and
 (b) at the time the person flew in the aircraft, the aircraft:
 (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and
 (ii) was contaminated by the fallout; and
 (c) at that time, the person was:
 (i) a member of the Australian Defence Force; and
 (ii) an Australian resident.
 (3A) A person is a nuclear test participant if the person:
 (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and
 (b) was at