Document ID: chunk:federal_register_of_legislation:F2023L01288:clause:3_16
Version: federal_register_of_legislation:F2023L01288
Segment Type: clause
Provision Reference: sch 3 cl 16
Character Range: 25021–26558

16  Assessing the circumstances in which primary victim of at least 16 years died
 (1) If the primary victim who died as a direct result of a declared overseas terrorist act was at least 16 years at the time of the terrorist act, the Secretary must determine if the amount payable to a secondary victim should be reduced by assessing the circumstances in which death occurred in accordance with the following calculator.

      SECONDARY VICTIM REDUCTION CALCULATOR—AT LEAST 16 YEARS
           Step 1. Determine if any of the circumstances mentioned in the table in subsection (2) apply to the deceased primary victim as a direct result of a declared overseas terrorist act.
           Step 2. If a circumstance applies to the deceased primary victim, work out the reduction percentage by using the percentage in the table for the circumstance.
           Step 3. If two circumstances apply, work out the reduction percentage by using the higher percentage mentioned in the table for the circumstance.
           Step 4. If more than two circumstances apply, work out the amount of reduction by using the highest percentage mentioned in the table for the circumstances.
 (2) For subsection (1), the percentage reduction of the amount payable to a secondary victim if the deceased primary victim acted without due regard to the consequences or against advice about any circumstance is the percentage mentioned in the item of the following table that applies to the circumstance.
Item  Column 1   Column 2

No.   Reduction  Circumstance