36Major disaster

36  Major disaster

 (1) The Minister may determine in writing that an event is a major disaster if the Minister is satisfied that the event is a disaster that has such a significant impact on individuals that a government response is required.

 (2) Without limiting the matters to which the Minister may have regard in considering the impact of the event on individuals, the Minister must have regard to:

 (a) the number of individuals affected; and

 (b) the extent to which the nature or extent of the disaster is unusual.

 (3) The event:

 (a) may be one that occurs naturally or otherwise; and

 (b) may be one that occurs in Australia or outside Australia.

 (4) If the same event has an impact in 2 or more locations, the Minister may:

 (a) make a single declaration under this section relating to some or all of the locations; or

 (b) make 2 or more declarations under this section, each relating to one or more of the locations (whether or not the declarations cover all of the locations).

However, the Minister must not make a determination that relates both to a location in Australia and a location outside Australia.

 (5) A determination made under this section is not a legislative instrument.

5  Part 2.24 of Chapter 2

Repeal the Part, substitute:

Part 2.24—Australian Government Disaster Recovery Payment

Division 1—Qualification for Australian Government Disaster Recovery Payment

1061K  Qualification for Australian Government Disaster Recovery Payment

 (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 (3); 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.