Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is qualified for an Australian Government Disaster Recovery Payment if:
(a) the person is at least 16 years old, or is receiving a social security payment; and
(b) the person:
(i) is an Australian resident; or
(ii) is the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v); or
(iii) is receiving a social security payment; or
(iv) is an Australian citizen who is not an Australian resident and who is covered by a determination under subsection (2); or
(v) is covered by a determination under subsection (3A); and
(c) the person is adversely affected by a major disaster.
Note 1: For Australian resident see section 7.
Note 2: For adversely affected see section 1061L.
Note 3: For major disaster see section 36.
(2) The Minister may determine in writing that a specified class of Australian citizens who are not Australian residents can qualify for an AGDRP.
Note: For Australian resident see section 7.
(3) A determination made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
(3A) The Minister may determine, by notifiable instrument, that a person can qualify for an AGDRP if:
(a) the person has been in Australia for a specified period, or for a period or periods within a specified period, ending on the day a major disaster is determined under subsection 36(1); and
(b) the person is one of the following:
(i) an Australian citizen;
(ii) the holder of a permanent visa;
(iii) a special category visa holder who is a protected SCV holder.
(4) A person cannot be qualified for more than one AGDRP in relation to the same major disaster.