Commonwealth Consolidated Acts

AUSTRALIAN PARTICIPANTS IN BRITISH NUCLEAR TESTS AND BRITISH COMMONWEALTH OCCUPATION FORCE (TREATMENT) ACT 2006 - SECT 5

  (1)   A person is a nuclear test participant if the person:

  (a)   was present in a nuclear test area at any time during:

  (i)   if the area was the Monte Bello Islands area--the period from the beginning of 3   October 1952 to the end of 19   June 1958; or

  (ii)   if the area was the Emu Field area--the period from the beginning of 15   October 1953 to the end of 25   October 1955; or

  (iii)   if the area was the Maralinga area--the period from the beginning of 27   September 1956 to the end of 30   April 1965; and

  (c)   was, at that time, an Australian resident.

  (2)   A person is a nuclear test participant if the person:

  (a)   was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:

  (i)   if the area was the Monte Bello Islands area--the period from the beginning of 3   October 1952 to the end of 19   July 1956; or

  (ii)   if the area was the Emu Field area--the period from the beginning of 15   October 1953 to the end of 25   November 1953; or

  (iii)   if the area was the Maralinga area--the period from the beginning of 27   September 1956 to the end of 30   May 1963; and

  (b)   was, at that time:

  (i)   a member of the Australian Defence Force; or

  (ii)   an employee of the Commonwealth; or

  (iii)   a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and

  (c)   was, at that time, an Australian resident.

  (3)   A person is a nuclear test participant if:

  (a)   at any time during the period from the beginning of 3   October 1952 to the end of 31   October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and

  (b)   at the time the person flew in the aircraft, the aircraft:

  (i)   was used in measuring fallout from nuclear tests conducted in a nuclear test area; and

  (ii)   was contaminated by the fallout; and

  (c)   at that time, the person was:

  (i)   a member of the Australian Defence Force; and

  (ii)   an Australian resident.

  (3A)   A person is a nuclear test participant if the person:

  (a)   was at any time during the period from the beginning of 1   May 1965 to the end of 30   June 1988 present in the nuclear test area that was the Maralinga area; and

  (b)   was at that time:

  (i)   a Commonwealth Police Officer under the Commonwealth Police Act 1957 ; or

  (ii)   a member of the Australian Federal Police under the Australian Federal Police Act 1979 ; or

  (iii)   a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987 ; or

  (iv)   a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and

  (c)   was, at that time, an Australian resident.

  (3B)   Paragraph   5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph   (3A)(b)(i) of this section.

Note:   Paragraph   5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.

  (3C)   A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection   (3D).

  (3D)   The Commission may, by legislative instrument, specify requirements for the purposes of subsection   (3C).

  (4)   A nuclear test area is any of the areas described in the following table: