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Repatriation Commission

Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Extension of Eligibility) Instrument 2017

Instrument 2017 No. R31

The Repatriation Commission, under subsection 5(3D) of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 makes the following instrument.

Dated this 3rd day of November 2017

The Seal of the                                                                )
Repatriation Commission                                               )  SEAL
was affixed hereto in the                                                 )
presence of:                                                                     )

      E Cosson                                              C Orme                                                  MA Kelly
…………………………………………………………………………………………………………………………………………....
 ELIZABETH COSSON                                     CRAIG ORME                                  Major General Mark Kelly
           AM CSC                                                      DSC AM CSC                                                              AO DSC
 ACTING PRESIDENT                                 DEPUTY PRESIDENT                                            COMMISSIONER

  1         Name

  This instrument is the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Extension of Eligibility) Instrument 2017.

  2         Commencement

  This instrument is taken to have commenced on 1 July 2017.

  3         Authority

  This instrument is made under subsection 5(3D) of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.

  4         Interpretation

  In this instrument:

   Act means the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.

   Act of Grace Scheme means the scheme, now closed, that was established in 1989 and administered jointly by the Attorney-General's Department and the former Department of Primary Industries and Energy to provide compensation to common law claimants affected by the British nuclear tests who commenced proceedings against the Commonwealth in the period from 1988 to 4 September 1989.

   Administering Authority means the Department of Employment or such other Commonwealth government agency or department as may from time to time be responsible for administering the Administrative Scheme for the Purposes of Compensating Persons Present at British Nuclear Test Sites in Australia.

   Administrative Scheme for the Purposes of Compensating Persons Present at British Nuclear Test Sites in Australia means the scheme established in 1986 in response to the 1985 Report of the Royal Commission into British nuclear tests in Australia and administered by the Department of Employment to provide compensation to Aborigines, graziers and other civilians affected by the British nuclear tests.

   Special Administrative Scheme means the scheme, now closed, that was established in 1989 and administered by the former Department of Primary Industries and Energy to provide compensation to eligible test participants involved in the British nuclear tests who suffered from leukaemia or multiple myeloma, or to their dependants in the case of participants who died from such diseases.

  5         Specified requirements – persons entitled under non-statutory compensation schemes

      (1)           For subsection 5(3C) of the Act, a person is a nuclear test participant if the person –
        (a)   has received compensation under the Act of Grace Scheme; or
      (b) has received compensation under the Special Administrative Scheme;