2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Assisting the Victims of International Terrorism Bill 2009 (Mr Abbott) A Bill for an Act to establish a process for assisting victims of international terrorist acts [Page Break] 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 i Assisting the Victims of International Terrorism Bill 2009 [Page Break] 2 3 4 5 6 7 A Bill for an Act to establish a process for assisting 8 victims of international terrorist acts 9 10 The Parliament of Australia enacts: 11 1 Short title 12 This Act may be cited as the Assisting Victims of International 13 Terrorism Bill 2009. 14 2 Commencement 15 This Act commences on the day on which it receives the Royal 16 Assent. 17 3 Objects of Act 18 The objects of this Act are to acknowledge Australians who are 19 killed or injured as a result of international terrorist acts by 20 establishing a framework to facilitate the provision of financial 21 assistance for persons who suffer injury as a consequence or their 22 next of kin. 23 4 Interpretation 24 In this Act, unless the contrary intention appears: 25 the Minister means the Attorney-General. 26 the framework means the framework known as the Assisting 27 Australian Victims of International Terrorist Acts Framework. Assisting the Victims of International Terrorism Bill 2009 [Page Break] 1 the Secretary means the Secretary, Attorney-General's 2 Department. 3 5 Guidelines for the framework 4 (1) As soon as practicable after the commencement of this Act the 5 Minister must, by instrument in writing, determine guidelines for 6 the operation of the framework. 7 (2) Guidelines determined under subsection (1) must contain details on 8 the eligibility requirements to be satisfied before a 9 recommendation may be made to the Minister for the disbursement 10 of financial assistance to a person under the framework. 11 (3) An instrument determining guidelines under subsection (1) is a 12 legislative instrument for the purposes of the Legislative 13 Instruments Act 2003. 14 6 Priorities for assistance 15 The guidelines determined under section (5) must ensure that 16 financial assistance is provided to a person who suffered injury 17 requiring hospitalisation as a result of an international terrorist act 18 or to the next of kin of a person who suffered death as a result of 19 such an act. 20 7 Consultation 21 (1) The Minister must, for the purposes of this Act, consult with 22 representatives of: 23 (a) victims of the international terrorist acts and their families; 24 (b) community or welfare organisations; 25 (c) health professionals; 26 (d) international humanitarian agencies; and 27 (e) any other relevant individuals or bodies. 28 (2) Consultation under subsection (1) must take place: 29 (a) before guidelines are determined for the purposes of section 30 5; and 31 (b) twice each year after the commencement of the framework. 2 Assisting the Victims of International Terrorism Bill 2009 [Page Break] 1 8 Responsibility of Minister 2 The Minister is to have general responsibility for the operation of 3 the plan and, in particular for: 4 (a) determining guidelines as required by section (5), and 5 (b) in the event of disallowance of guidelines, determining 6 replacement guidelines so as to ensure that there is no time 7 when the framework is not in operation. 8 9 Secretary to have responsibility for administration of framework 9 The Secretary is to have general responsibility for the 10 administration of the framework. 11 10 Payment not to be recommended unless in accordance with 12 guidelines 13 A payment must not: 14 (a) be recommended in relation to the framework unless the 15 requirements of the guidelines made under section 5 have 16 been satisfied in respect of the payment; and 17 (b) exceed $75,000. 18 11 Principles of administration 19 In administrating this Act, the Secretary is to have regard to the 20 necessity of ensuring that: 21 (a) payments for the purposes of the framework are 22 recommended only in accordance with guidelines determined 23 under section 5; 24 (b) information about the operation of the framework is made 25 available to members of the public in Australia; and 26 (c) procedures and practices established under or for the 27 purposes of this Act and for the operation of the framework 28 help to minimise abuses of the framework and are broadly 29 commensurate with the procedures and practices established 30 under State victims of crime compensation schemes. Assisting the Victims of International Terrorism Bill 2009 3 [Page Break] 1 12 Regulations 2 The Governor-General may make regulations prescribing matters: 3 (a) required or permitted by this Act to be prescribed; or 4 (b) necessary or convenient to be prescribed for carrying out or 5 giving effect to this Act. 6 7 8 4 Assisting the Victims of International Terrorism Bill 2009