If:
(a) a person makes a claim for an AVTOP as a secondary victim in relation to a close family member who has died as a direct result of a declared overseas terrorist act; and
(b) either:
(i) before the claim was made, one or more persons were granted an AVTOP as secondary victims in relation to the close family member; or
(ii) the Secretary had notified the person under subsection 35B(2) of the Administration Act of the person's entitlement to make a claim, but the person did not make the claim before the day specified in the notice;
then the AVTOP is not payable to the person.