Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1061PAE

Secretary to determine amount of AVTOP

  (1)   The Secretary must determine the amount of an AVTOP (the relevant AVTOP ) payable to a person who is a secondary victim in relation to a close family member who has died as a direct result of a declared overseas terrorist act.

  (2)   The determination must be made in accordance with subsections   (3) to (5) and the AVTOP Principles under section   1061PAF.

  (3)   The amount must not exceed $75,000.

Limit on total payments in relation to close family member

  (4)   If the person is not the only secondary victim who has made a claim as a secondary victim in relation to the close family member, then, when working out the amount of the relevant AVTOP, the Secretary must ensure that the sum of all the AVTOPs (including the relevant AVTOP) that are paid in relation to the close family member does not exceed $75,000.

Limit on total payments to secondary victim

  (5)   If:

  (a)   the person is also a secondary victim of the terrorist act in relation to one or more other close family members; and

  (b)   an AVTOP has been paid to the person in relation to any of those other family members;

then, when working out the amount of the relevant AVTOP, the Secretary must ensure that the sum of all the AVTOPs (including the relevant AVTOP) that are paid to the person as a secondary victim of the terrorist act does not exceed $75,000.