Commonwealth Consolidated Acts Commonwealth Consolidated ActsQualification for AVTOP
(1) A person is qualified for an Australian Victim of Terrorism Overseas Payment if:
(a) the person is a primary victim or a secondary victim of a declared overseas terrorist act; and
(b) the person and the person's close family members were not involved in the commission of the terrorist act; and
(c) the person:
(i) is an Australian resident on the day the terrorist act occurred; or
(ii) is covered by a determination under subsection (6).
Note: For declared overseas terrorist act see section 35B.
Meaning of primary victim
(2) A person is a primary victim of a declared overseas terrorist act if the person:
(a) was in the place where the terrorist act occurred; and
(b) was harmed (within the meaning of the Criminal Code ) as a direct result of the terrorist act.
Meaning of secondary victim
(3) A person is a secondary victim of a declared overseas terrorist act if the person is a close family member of a person who:
(a) was in the place where the terrorist act occurred; and
(b) died, before the end of 2 years starting on the day the terrorist act occurred, as a direct result of the terrorist act.
Meaning of close family members
(4) The following are a person's close family members :
(d) the person's sibling;
(e) the person's legal guardian.
Meaning of involved
(5) A person was involved in the commission of a declared overseas terrorist act if the person:
(a) aided, abetted, counselled or procured the terrorist act; or
(b) induced the terrorist act, whether through threats or promises or otherwise; or
(c) was in any way (directly or indirectly) knowingly concerned in, or a party to, the terrorist act; or
(d) conspired with others to effect the terrorist act.
Ministerial determination
(6) The Minister may, by legislative instrument, determine a specified class of persons for the purposes of subparagraph (1)(c)(ii).