Document ID: chunk:federal_register_of_legislation:F2024L00903:reg:6
Version: federal_register_of_legislation:F2024L00903
Segment Type: reg
Provision Reference: reg 6
Character Range: 4051–5979

6  Consideration of claims
 (1) Upon receiving the referral, the advocate must consider the claim.
 (2) The advocate:
 (a) must consult the Department of Foreign Affairs and Trade regarding the implications of any of the following on options for actions in response to the claim:
 (i) the Autonomous Sanctions Act 2011;
 (ii) the Charter of the United Nations Act 1945;
 (iii) Australia's foreign policy interests; and
 (b) may:
 (i) engage with the eligible recipients for the claim, or a nominated representative of the eligible recipients; and
 (ii) consult an expert on any subject matter the advocate considers relevant.
 (3) The advocate must then determine what actions to recommend in response to the claim, taking into account the following:
 (a) any information received as part of the consultation and engagement under subsection (2);
 (b) cultural expectations, within Afghanistan, of what would be an appropriate action in response to the claim;
 (c) the probability that taking a particular action in response to the claim may make funds available to, or otherwise benefit:
 (i) a sanctioned person or entity; or
 (ii) a terrorist organisation; or
 (iii) an organisation for which the provision of material support or resources constitutes an offence under section 390.4 of the Criminal Code (supporting a criminal organisation);
 (d) the following factors in relation to each eligible recipient for the claim, to the extent that the advocate is aware of relevant information:
 (i) the living standards, work status and other circumstances of the eligible recipient;
 (ii) if the claim relates to unlawful killing—the eligible recipient's relationship to, and level of dependency on, the deceased;
 (iii) whether taking a particular action in response to the claim could endanger the eligible recipient;
 (e) any other cultural, gender, societal, economic or geopolitical factors the advocate considers relevant.