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Assisting Victims of Overseas Terrorism Bill 2010

 

2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Assisting Victims of Overseas Terrorism Bill 2010

 

No.      , 2010

 

(Senator Brandis)

 

 

 

A Bill for an Act to establish a process for assisting victims of overseas terrorist acts, and for related purposes

   

   

   



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

 



A Bill for an Act to establish a process for assisting victims of overseas terrorist acts, and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Assisting Victims of Overseas Terrorism Act 2010 .

2   Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3   Objects of Act

                   The objects of this Act are to acknowledge Australians who are killed or injured overseas as a result of terrorist acts by establishing a framework to facilitate the provision of financial assistance for persons who suffer injury as a consequence or their next of kin.

4   Interpretation

                   In this Act:

framework means the Assisting Australian Victims of Overseas Terrorist Acts Framework established by section 5.

Minister means the Attorney-General.

Secretary means the Secretary of the Attorney-General’s Department.

5   Assisting Australian Victims of Overseas Terrorist Acts Framework

                   The Assisting Australian Victims of Overseas Terrorist Acts Framework is established by this section, to provide financial assistance to Australians who are killed or injured overseas as a result of terrorist acts or to their next of kin.

6   Guidelines for the framework

             (1)  As soon as practicable after the commencement of this Act, the Minister must, by legislative instrument, determine guidelines for the operation of the framework.

             (2)  Guidelines made under subsection (1) must contain details on the eligibility requirements to be satisfied before a recommendation may be made to the Minister for the disbursement of financial assistance to a person under the framework.

7   Priorities for assistance

                   The guidelines made under section 6 must ensure that financial assistance is provided to a person who suffered injury requiring hospitalisation as a result of an overseas terrorist act or to the next of kin of a person who suffered death as a result of such an act.

8   Consultation

             (1)  The Minister must, for the purposes of this Act, consult with representatives of:

                     (a)  victims of overseas terrorist acts and their families; and

                     (b)  community or welfare organisations; and

                     (c)  health professionals; and

                     (d)  international humanitarian agencies; and

                     (e)  any other relevant individuals or bodies as the Minister thinks fit.

             (2)  Consultation under subsection (1) must take place:

                     (a)  before guidelines are made for the purposes of section 6; and

                     (b)  twice each year after the commencement of the framework.

9   Responsibility of Minister

                   The Minister is to have general responsibility for the operation of the framework and, in particular for:

                     (a)  making guidelines as required by section 6; and

                     (b)  in the event of disallowance of guidelines, making replacement guidelines to ensure that there is no time when the framework is not in operation.

10   Secretary to have responsibility for administration of framework

                   The Secretary is to have general responsibility for the administration of the framework.

11   Payment not to be recommended unless in accordance with guidelines

                   A payment must not:

                     (a)  be recommended in relation to the framework unless the requirements of the guidelines made under section 6 have been satisfied in respect of the payment; and

                     (b)  exceed $75,000.

12   Principles of administration

                   In administering the framework, the Secretary is to have regard to ensuring that:

                     (a)  payments for the purposes of the framework are recommended only in accordance with guidelines made under section 6; and

                     (b)  information about the operation of the framework is made available to members of the public in Australia; and

                     (c)  procedures and practices established under or for the purposes of this Act and for the operation of the framework help to minimise abuses of the framework and are broadly commensurate with the procedures and practices established under State and Territory victims of crime compensation schemes.

13   Appropriation

                   Payments under the framework are payable out of money appropriated by the Parliament for the purpose.

14   Regulations

                   The Governor-General may make regulations prescribing matters:

(a)   required or permitted by this Act to be prescribed; or

(b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.