{"id":"F2017L00111","name":"Social Security (Declared Overseas Terrorist Act) Declaration 2017—Berlin","slug":"social-security-declared-overseas-terrorist-act-declaration-2017-berlin","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95796,"registerId":"commonwealth-F2017L00111-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Declared Overseas Terrorist Act) Declaration 2017—Berlin","content":"![Commonwealth Coat of Arms](image.001.png)\n\nSocial Security (Declared Overseas Terrorist Act) Declaration 2017—Berlin\n\nSocial Security Act 1991\n\nI, MALCOLM BLIGH TURNBULL, Prime Minister, make this declaration under subsection 35B(1) of the Social Security Act 1991.\n\nDated 8 February 2017\n\n  \nMALCOLM BLIGH TURNBULL\n\nPrime Minister\n\n1 Name of declaration\n\nThis declaration is the Social Security (Declared Overseas Terrorist Act) Declaration 2017—Berlin.\n\n2 Commencement\n\nThis declaration commences on the day after this instrument is registered.\n\n3 Definitions\n\nIn this declaration:\n\nAct means the Social Security Act 1991.\n\nterrorist act has the same meaning as in subsection 100.1(1) of the Criminal Code.\n\n4 Declared overseas terrorist act\n\nFor the purposes of subsection 35B(1) of the Act, the following terrorist act is a declared overseas terrorist act:\n\n1) the attack at approximately 8.00pm (local time) at the Christmas market in Breitscheidplatz, near the Kaiser Wilhelm Memorial Church, in Berlin, Germany on 19 December 2016.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration performs exactly the narrow, specific function intended by the legislative framework: declaring a particular historical event as a 'declared overseas terrorist act' to trigger the victim compensation scheme. It has not expanded beyond this original purpose."},"complexity_factors":["Very short instrument (4 sections, approximately 200 words)","Only 2 defined terms ('Act' and 'terrorist act'), with the latter simply cross-referencing the Criminal Code","Single operative provision (section 4) containing one factual declaration","No conditional logic, exceptions, or nested provisions","No substantive legal rules — merely triggers existing framework in the Social Security Act 1991","Straightforward temporal and geographic specificity"],"plain_english_summary":"This is a formal declaration by the Prime Minister that designates a specific terrorist attack as a 'declared overseas terrorist act' under Australian law.\n\n**What it does:**\n- Declares the **Berlin Christmas market attack** (19 December 2016) as a 'declared overseas terrorist act'\n- This designation triggers special provisions in the Social Security Act 1991\n\n**Who it affects:**\n- Australian victims of this specific attack and their families\n- Specifically, this declaration enables eligible people to access **Australian Victim of Terrorism Overseas Payment** — a one-off financial assistance payment from the Australian Government\n- To qualify, a person must have been an Australian resident who was harmed (physically or psychologically) by this specific attack\n\n**Why it matters:**\n- Without this declaration, victims of this Berlin attack could not access the Australian Victim of Terrorism Overseas Payment\n- The government must formally declare each overseas terrorist act individually before the payment scheme applies\n- This ensures Australian victims of overseas terrorism receive the same financial support as victims of domestic terrorism\n\n**Key details of the attack covered:**\n- **When:** 8:00pm local time, 19 December 2016\n- **Where:** Christmas market at Breitscheidplatz, near Kaiser Wilhelm Memorial Church, Berlin, Germany\n- **What:** Vehicle-ramming attack on a crowded Christmas market"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument extends the set of events treated as \"declared overseas terrorist act[s]\" for the purposes of subsection 35B(1) of the Social Security Act 1991 by adding the 19 December 2016 Breitscheidplatz (Berlin) attack to that set (section 4). The instrument itself does not amend the Act's text beyond making that declaration; any change in legal or financial effect flows from how subsection 35B(1) operates once the event is classified."},"complexity_factors":["Instrument is short and narrowly targeted (single-event declaration).","Effect depends on cross-reference to an external provision (subsection 35B(1) of the Social Security Act 1991), requiring consultation of the Act to determine consequences.","No procedural, evidentiary or multi-party rules contained in the instrument — only a factual listing (section 4).","Commencement rule is simple and immediate (section 2).","Decision-maker and authority are explicit (Prime Minister in preamble), but limits on discretion are located outside this instrument."],"plain_english_summary":"This instrument, made by the Prime Minister, formally declares the 19 December 2016 Breitscheidplatz (Berlin Christmas market) attack to be a \"declared overseas terrorist act\" for the purposes of subsection 35B(1) of the Social Security Act 1991 and takes effect the day after registration. It simply creates that legal classification; any changes to entitlements, payments or administrative treatment flow from how subsection 35B(1) operates, not from this instrument itself."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-declared-overseas-terrorist-act-declaration-2017-berlin","history":"/api/acts/social-security-declared-overseas-terrorist-act-declaration-2017-berlin/history","analysis":"/api/acts/social-security-declared-overseas-terrorist-act-declaration-2017-berlin/analysis","conflicts":"/api/acts/social-security-declared-overseas-terrorist-act-declaration-2017-berlin/conflicts","importantCases":"/api/acts/social-security-declared-overseas-terrorist-act-declaration-2017-berlin/important-cases","documents":"/api/acts/social-security-declared-overseas-terrorist-act-declaration-2017-berlin/documents"}}