5Meaning of nuclear test participant etc.

5 Meaning of nuclear test participant etc.

(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.