Document ID: chunk:federal_register_of_legislation:F2012L00196:body:0:p1
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Australian Government

Australian Participants in British Nuclear Tests (Treatment) Act 2006

Australian Participants in British Nuclear Tests (Treatment) Act 2006 (Participants in British Nuclear Tests – Extension of Eligibility) Instrument 2012
Instrument No. R8/2012

The Repatriation Commission, pursuant to subsection 5(3D) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (the Act), specifies, for the purposes of subsection 5(3C) of the Act, the requirements a person must satisfy in order to be a nuclear test participant.

Dated this 24th day of  January               2012

Ian Campbell             Shane Carmody              Major General Mark Kelly AO DSC

………………………………………………………………………………………….
IAN CAMPBELL            SHANE CARMODY                     Major General Mark Kelly
        PSM                                                                                                             AO DSC
PRESIDENT                  DEPUTY PRESIDENT                                 COMMISSIONER

1. Name of Instrument

    This instrument is the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (Participants in British Nuclear Tests – Extension of Eligibility) Instrument 2012

2. Commencement

    This instrument commences on the day after the day it is registered on the Federal Register of Legislative Instruments.

    Note: Item 5 of Schedule 1 to the Veterans' Affairs Legislation Amendment (Participants in British Nuclear Tests) Act 2011 provides that the Repatriation Commission may approve treatment under the Act for an eligible person where it was provided before this instrument took effect, but on or after 19 June 2006, provided the person made a claim for a determination that the person is an eligible person and the claim was made before this instrument took effect or within 6 months after the instrument took effect, and the Repatriation Commission determines the person is an eligible person because the person satisfies the requirements in this instrument.

    3. Definitions

    Several words and expressions used in this Instrument have the meaning given in the Act.  For example:

    Australian resident (subsection 4(1)).
    Commission (subsection 4(1)).
    Nuclear test area (subsection 4(1)).

    4. Requirements
 (1) A person is a nuclear test participant under subsection 5(3C) if the person satisfies the following requirements:

        (a) the person was involved in the transport, recovery, maintenance or cleaning of an aircraft that was contaminated as a result of its use in a nuclear test conducted 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 15 May 1956; 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) the person was, at that time:

(i) a member of the Australian Defence Force; or

        (ii)