ASSISTING THE VICTIMS OF INTERNATIONAL TERRORISM BILL 2009

i Assisting the Victims of International Terrorism Bill 2009

Contents

1 Short title ...................................................................................................... 1

2 Commencement ............................................................................................ 1

3 Objects of Act ............................................................................................... 1

4 Interpretation ................................................................................................. 1

5 Guidelines for the framework ....................................................................... 2

6 Priorities for assistance ................................................................................. 2

7 Consultation .................................................................................................. 2

8 Responsibility of Minister ............................................................................ 3

9 Secretary to have responsibility for administration of framework ................ 3

10 Payment not to be recommended unless in accordance with

guidelines ........................................................................................... 3

11 Principles of administration ........................................................................ 3

12 Regulations ................................................................................................. 4

Assisting the Victims of International Terrorism Bill 2009

A Bill for an Act to establish a process for assisting

victims of international terrorist acts

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Assisting Victims of International

Terrorism Bill 2009.

2 Commencement

This Act commences on the day on which it receives the Royal

Assent.

3 Objects of Act

The objects of this Act are to acknowledge Australians who are

killed or injured as a result of international 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, unless the contrary intention appears:

the Minister means the Attorney-General.

the framework means the framework known as the Assisting

Australian Victims of International Terrorist Acts Framework.

Section 5

2 Assisting the Victims of International Terrorism Bill 2009

the Secretary means the Secretary, Attorney-General's

Department.

5 Guidelines for the framework

(1) As soon as practicable after the commencement of this Act the

Minister must, by instrument in writing, determine guidelines for

the operation of the framework.

(2) Guidelines determined 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.

(3) An instrument determining guidelines under subsection (1) is a

legislative instrument for the purposes of the Legislative

Instruments Act 2003.

6 Priorities for assistance

The guidelines determined under section (5) must ensure that

financial assistance is provided to a person who suffered injury

requiring hospitalisation as a result of an international terrorist act

or to the next of kin of a person who suffered death as a result of

such an act.

7 Consultation

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

representatives of:

(a) victims of the international terrorist acts and their families;

(b) community or welfare organisations;

(d) international humanitarian agencies; and

(e) any other relevant individuals or bodies.

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

(a) before guidelines are determined for the purposes of section

5; and

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

Section 8 Responsibility of Minister

Assisting the Victims of International Terrorism Bill 2009 3

8 Responsibility of Minister

The Minister is to have general responsibility for the operation of

the plan and, in particular for:

(a) determining guidelines as required by section (5), and

(b) in the event of disallowance of guidelines, determining

replacement guidelines so as to ensure that there is no time

when the framework is not in operation.

9 Secretary to have responsibility for administration of framework

The Secretary is to have general responsibility for the

administration of the framework.

10 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 5 have

been satisfied in respect of the payment; and

(b) exceed $75,000.

11 Principles of administration

In administrating this Act, the Secretary is to have regard to the

necessity of ensuring that:

(a) payments for the purposes of the framework are

recommended only in accordance with guidelines determined

under section 5;

(b) information about the operation of the framework is made

available to members of the public in Australia; and

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 victims of crime compensation schemes.

Commonwealth of Australia Bills

ASSISTING THE VICTIMS OF INTERNATIONAL TERRORISM BILL 2009