{"id":"F2021L01249","name":"Social Security (Declared Overseas Terrorist Act—Kabul 2016) Declaration 2021","slug":"social-security-declared-overseas-terrorist-act-kabul-2016-declaration-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440984,"registerId":"F2021L01249-fast-fetch-1775956426232","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Declared Overseas Terrorist Act—Kabul 2016) Declaration 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Declared Overseas Terrorist Act—Kabul 2016) Declaration 2021\n\nI, SCOTT JOHN MORRISON, Prime Minister, make the following declaration.\n\nDated  14  ·  8  ·  2021\n\nSCOTT JOHN MORRISON\n\nPrime Minister\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Declared overseas terrorist act\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Declared Overseas Terrorist Act—Kabul 2016) Declaration 2021.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered.\n\n3  Authority\n\n  This instrument is made under subsection 35B(1) of the Social Security Act 1991 (the Act).\n\n4  Definitions\n\n  In this instrument, terrorist act has the meaning given by subsection 100.1(1) of the Criminal Code.\n\n5  Declared overseas terrorist act\n\n  The following terrorist act is a declared overseas terrorist act:\n\n (a) the kidnapping of two academics employed by the American University of Afghanistan, which occurred in Kabul, Afghanistan at approximately 8.35pm local time on 7 August 2016, until their release on 19 November 2019.\n\n \n\n Note:  If the Prime Minister makes a declaration under subsection 35B(1) of the Act, then the Minister is taken to have made a determination under subsection 36(1) of the Act that the terrorist act is a major disaster.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, specific function intended by the parent legislation: declaring a particular overseas terrorist act for social security purposes. It has not expanded beyond this original purpose."},"complexity_factors":["Extremely short instrument — only 5 operative sections","Single defined term ('terrorist act') which simply cross-references the Criminal Code definition","No conditional logic, exceptions, or nested provisions","Straightforward factual declaration with no discretionary elements","No substantive legal rules created — purely declaratory in nature"],"plain_english_summary":"This declaration by the Prime Minister officially recognises the 7 August 2016 kidnapping of two American University of Afghanistan academics (held until 19 November 2019) as a \"declared overseas terrorist act\" for social security purposes. It makes Australian victims and their families eligible for treatment as a \"major disaster\" under the Social Security Act 1991, unlocking access to special Centrelink payments and support they would not otherwise receive."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument adds the specific Kabul kidnapping (7 Aug 2016–19 Nov 2019) to the list of declared overseas terrorist acts, thereby bringing that past event within the Social Security Act’s disaster-determination mechanism and its consequences (s5; note referencing s36(1)). It does not alter the wider statutory scheme but extends the Act’s disaster treatment to this particular event, creating administrative effects for claim assessment and entitlements for persons identified as affected."},"complexity_factors":["Single-event, time-limited declaration specifying precise start and end dates (s5) — keeps legal scope narrow but requires temporal application to past periods.","Depends on an external definition: 'terrorist act' uses the Criminal Code definition (s4 referencing Criminal Code s100.1(1)) — requires cross-reference to criminal law to know what acts qualify.","Made under the Social Security Act power (s3 cites subsection 35B(1)) and the instrument triggers treatment as a Ministerial determination that the act is a 'major disaster' (note referencing subsection 36(1)) — substantive effects are mediated through other Social Security Act provisions.","Retroactive effect for a past event (dates in s5) — may require the Department to reassess historical claims, entitlements or administrative records for the period specified.","Textual and procedural simplicity (name, commencement, one substantive clause) eases drafting and publication (ss1–2), but operational complexity arises for departmental implementation and claimant identification.","The instrument does not define who qualifies as 'affected' under the Social Security Act or how individual entitlements change — leaves factual determinations and eligibility assessments to departmental processes, creating potential for case-by-case discretion."],"plain_english_summary":"This declaration names a specific kidnapping in Kabul (7 Aug 2016 to 19 Nov 2019) as a \"declared overseas terrorist act\" under the Social Security Act. By doing so it mechanically brings that event within the Act’s disaster-related rules, which can change how social security entitlements and administrative treatment apply to people affected by the event."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-declared-overseas-terrorist-act-kabul-2016-declaration-2021","history":"/api/acts/social-security-declared-overseas-terrorist-act-kabul-2016-declaration-2021/history","analysis":"/api/acts/social-security-declared-overseas-terrorist-act-kabul-2016-declaration-2021/analysis","conflicts":"/api/acts/social-security-declared-overseas-terrorist-act-kabul-2016-declaration-2021/conflicts","importantCases":"/api/acts/social-security-declared-overseas-terrorist-act-kabul-2016-declaration-2021/important-cases","documents":"/api/acts/social-security-declared-overseas-terrorist-act-kabul-2016-declaration-2021/documents"}}