Document ID: chunk:federal_register_of_legislation:F2023L01288:clause:3_15:p2
Version: federal_register_of_legislation:F2023L01288
Segment Type: clause
Provision Reference: sch 3 cl 15 (pt 2/3)
Character Range: 21656–24330

victim's share by apportioning the amount from Step 7 among all of the secondary victims who have made claims and who are entitled to shares in accordance with section 17.
           Step 9. If a person is the secondary victim of more than 1 primary victim and an AVTOP has been paid to the person for any of those primary victims, reduce the amount from step 8 to ensure the sum of all the AVTOPs paid to the secondary victim of the terrorist act does not exceed $75 000.00.
 (2) If the primary victim of a declared overseas terrorist act was under 16 years at the time of the terrorist act, the Secretary must determine the total amount of AVTOP payable to a secondary victim using the following calculator.

      SECONDARY VICTIM TOTAL AMOUNT CALCULATOR—PRIMARY VICTIM UNDER 16 YEARS
           Step 1. Work out the amount of any AVTOP that has been paid to the primary victim for the declared overseas terrorist act.
           Step 2. Work out the amount of any financial assistance the primary victim has received from a foreign country for an injury suffered by the primary victim as a direct result of the terrorist act.
                  Note 1 The amount must not include financial assistance for economic loss resulting from the injury.
                  Note 2 For any amount of financial assistance received in foreign currency, the exchange rate used for converting the foreign currency to the equivalent Australian Dollar amount is the rate on the date when the payment was received by the primary victim from the foreign country.
           Step 3. If only 1 person has made a claim as a secondary victim of the primary victim, work out the total amount of any financial assistance the secondary victim has received from a foreign country for the death of the primary victim as a direct result of the terrorist act.
                  Note 3 The amount must not include financial assistance for economic loss resulting from the death.
           Step 4. If more than 1 person has made a claim as a secondary victim of the primary victim and the claimant person is entitled to a share of an AVTOP payable in accordance with section 17, work out the sum of the total amount of any financial assistance each secondary victim has received from a foreign country for the death of the primary victim as a direct result of the terrorist act.
                  Note 4 The amount must not include financial assistance for economic loss resulting from the death.

           Step 5. Add up the amounts from Steps 1 to 4.
           Step 6. Deduct the amount from Step 5 from $75 000.00.
           Step 7. If more than 1 person has made a claim as a secondary victim