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This is a Bill, not an Act. For current law, see the Acts databases.
ASSISTING VICTIMS OF OVERSEAS TERRORISM BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Assisting Victims of Overseas Terrorism
Bill 2012
No. , 2012
(Senator Brandis)
A Bill for an Act to establish a process for assisting
victims of overseas terrorist acts, and for related
purposes
i Assisting Victims of Overseas Terrorism Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3
Objects of Act .................................................................................... 2
4 Interpretation
......................................................................................
2
5 Assisting
Australian
Victims
of Overseas Terrorist Acts
Framework ......................................................................................... 2
6
Guidelines for the framework ............................................................ 2
7
Priorities for assistance ...................................................................... 3
8 Consultation
.......................................................................................
3
9 Responsibility
of
Minister ................................................................. 3
10
Secretary to have responsibility for administration of
framework .......................................................................................... 3
11
Payment not to be recommended unless in accordance with
guidelines ........................................................................................... 4
12
Principles of administration ............................................................... 4
13 Appropriation
.....................................................................................
4
14 Regulations
........................................................................................
4
Assisting Victims of Overseas Terrorism Bill 2012 No. , 2012 1
A Bill for an Act to establish a process for assisting
1
victims of overseas terrorist acts, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Assisting Victims of Overseas
6
Terrorism Act 2012.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
Section 3
2 Assisting Victims of Overseas Terrorism Bill 2012 No. , 2012
3 Objects of Act
1
The objects of this Act are to acknowledge Australians who are
2
killed or injured overseas as a result of terrorist acts by establishing
3
a framework to facilitate the provision of financial assistance for
4
persons who suffer injury as a consequence or their next of kin.
5
4 Interpretation
6
In this Act:
7
framework means the Assisting Australian Victims of Overseas
8
Terrorist Acts Framework established by section 5.
9
Minister means the Attorney-General.
10
Secretary means the Secretary of the Attorney-General's
11
Department.
12
5 Assisting Australian Victims of Overseas Terrorist Acts
13
Framework
14
The Assisting Australian Victims of Overseas Terrorist Acts
15
Framework is established by this section, to provide financial
16
assistance to Australians who are killed or injured overseas as a
17
result of terrorist acts or to their next of kin.
18
6 Guidelines for the framework
19
(1) As soon as practicable after the commencement of this Act, the
20
Minister must, by legislative instrument, determine guidelines for
21
the operation of the framework.
22
(2) Guidelines made under subsection (1) must contain details on the
23
eligibility requirements to be satisfied before a recommendation
24
may be made to the Minister for the disbursement of financial
25
assistance to a person under the framework.
26
Section 7
Assisting Victims of Overseas Terrorism Bill 2012 No. , 2012 3
7 Priorities for assistance
1
The guidelines made under section 6 must ensure that financial
2
assistance is provided to a person who suffered injury requiring
3
hospitalisation as a result of an overseas terrorist act or to the next
4
of kin of a person who suffered death as a result of such an act.
5
8 Consultation
6
(1) The Minister must, for the purposes of this Act, consult with
7
representatives of:
8
(a) victims of overseas terrorist acts and their families; and
9
(b) community or welfare organisations; and
10
(c) health professionals; and
11
(d) international humanitarian agencies; and
12
(e) any other relevant individuals or bodies as the Minister thinks
13
fit.
14
(2) Consultation under subsection (1) must take place:
15
(a) before guidelines are made for the purposes of section 6; and
16
(b) twice each year after the commencement of the framework.
17
9 Responsibility of Minister
18
The Minister is to have general responsibility for the operation of
19
the framework and, in particular for:
20
(a) making guidelines as required by section 6; and
21
(b) in the event of disallowance of guidelines, making
22
replacement guidelines to ensure that the framework is
23
always in operation.
24
10 Secretary to have responsibility for administration of framework
25
The Secretary is to have general responsibility for the
26
administration of the framework.
27
Section 11
4 Assisting Victims of Overseas Terrorism Bill 2012 No. , 2012
11 Payment not to be recommended unless in accordance with
1
guidelines
2
A payment must not:
3
(a) be recommended in relation to the framework unless the
4
requirements of the guidelines made under section 6 have
5
been satisfied in respect of the payment; and
6
(b)
exceed
$75,000.
7
12 Principles of administration
8
In administering the framework, the Secretary is to ensure that:
9
(a) payments for the purposes of the framework are
10
recommended only in accordance with guidelines made
11
under section 6; and
12
(b) information about the operation of the framework is made
13
available to members of the public in Australia; and
14
(c) procedures and practices established under or for the
15
purposes of this Act and for the operation of the framework
16
help to minimise abuses of the framework and are broadly
17
commensurate with the procedures and practices established
18
under State and Territory victims of crime compensation
19
schemes.
20
13 Appropriation
21
(1) Payments under the framework are payable out of money
22
appropriated by the Parliament for the purpose.
23
(2) Despite anything else in this Act, this Act does not create an
24
entitlement to payment under this Act unless and until the
25
Consolidated Revenue Fund has been appropriated for the purpose
26
of this Act.
27
14 Regulations
28
The Governor-General may make regulations prescribing matters:
29
(a) required or permitted by this Act to be prescribed; or
30
Section 14
Assisting Victims of Overseas Terrorism Bill 2012 No. , 2012 5
(b) necessary or convenient to be prescribed for carrying out or
1
giving effect to this Act.
2