Document ID: chunk:federal_register_of_legislation:C2012A00106:clause:1_35b
Version: federal_register_of_legislation:C2012A00106
Segment Type: clause
Provision Reference: sch 1 cl 35B
Character Range: 15246–16785

35B  Secondary victim claims for AVTOP
 (1) If a person makes a claim for an AVTOP as a secondary victim in relation to a close family member who has died, the Secretary must make reasonable inquiries as to whether there are other persons (a potential claimant) who may also qualify for an AVTOP as a secondary victim in relation to the same close family member.
 (2) If the Secretary considers there are potential claimants, the Secretary must give each of them a written notice stating that:
 (a) he or she may make a claim for an AVTOP as a secondary victim in relation to the close family member; and
 (b) he or she must make a claim before the day (the claim due day) specified in the notice; and
 (c) if he or she fails to make a claim by the claim due day, an AVTOP in relation to the close family member will not be payable to him or her.
 (3) The claim due day must be at least 30 days after the day the notice is given to the potential claimant.
 (4) If the Secretary is satisfied that it is appropriate to do so, the Secretary may change the claim due day to a later day.
 (5) If the Secretary changes the claim due day under subsection (4), then:
 (a) the Secretary must change the claim due day for each of the potential claimants to the new claim day; and
 (b) the Secretary must give each of the potential claimants a written notice of the new claim due day; and
 (c) the new claim due day is taken to be the day specified in the notice under subsection (2) for the purposes of subparagraph 1061PAC(b)(ii) of the 1991 Act.