Social Security (International Agreements) Act 1999

Contents

7,733 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Part 1 · Preliminary
   1. 1 Short title
   2. 2 Commencement
   3. 3 Interpretation
   4. 4 Social security law
   5. 4A Norfolk Island
2. Part 2 · International social security agreements
   1. 5 Scheduled international social security agreements
   2. 6 Overriding of social security law by scheduled international social security agreements
   3. 7 Amendment of Schedules by regulations
   4. 8 Addition of new scheduled international social security agreements
   5. 9 Repeal of Schedule
   6. 10 Parenting payment claimed under agreement
   7. 11 Portability of international agreement pension or allowance
   8. 12 Rate of pension or allowance payable under agreement where rate to be determined under law of Australia
3. Part 3 · Calculation of international agreement portability rates
   1. Division 1 Overall rate calculation process
   2. Division 2 Australian working life residence
   3. Division 3 Residence factor
4. Part 4 · Regulations
   1. 25 Regulations
5. Schedule 2 · Italy
   1. PART A
   2. Note: See section 5.
   3. AGREEMENT ON SOCIAL SECURITY BETWEEN AUSTRALIA AND THE REPUBLIC OF ITALY
   4. Australia and the Republic of Italy,
   5. Wishing to strengthen the existing friendly relations between the two countries, and
   6. Desiring to review the Agreement providing for reciprocity in matters relating to Social Security signed on 23 April 1986, and
   7. Acknowledging the need to co-ordinate further the operation of their respective social security systems and to enhance the equitable access by people who move b
   8. Have agreed as follows:
   9. PART I — INTERPRETATION AND SCOPE
   10. ARTICLE 1
   11. Interpretation
   12. 1. In this Agreement, unless the context otherwise requires:
   13. (a) “supplement for children” means, in relation to Australia, the additional family payment and, if applicable, the guardian allowance that would be payable to
   14. (b) “Australian resident” means an Australian resident as defined in the legislation of Australia;
   15. (c) “benefit” means, in relation to a Party, a pension or allowance for which provision is made in the legislation of that Party and includes any additional amo
   16. (d) “competent authority” means,
   17. in relation to Australia:
   18. the Secretary to the Department of Social Security; and,
   19. in relation to Italy:
   20. the Ministry of Labour and Social Welfare;
   21. (e) “dependants” means, in relation to Italy, persons who are within the categories of family members of an insured person or pensioner under the legislation of
   22. (f) “disability support pension” means, in relation to Australia, the payment made under the legislation of Australia to people who are considered to be severel
   23. (g) “institution” means,
   24. in relation to Australia:
   25. the Department of Social Security; and
   26. in relation to Italy:
   27. an institution, apart from the competent authority, which is responsible for the application of this Agreement as specified in the administrative arrangements f
   28. (h) “Italian integration” means the integrazione al minimo paid to increase the amount of a benefit derived from contributions or otherwise to the minimum amoun
   29. (i) “Italian social supplement” means that welfare benefit granted in addition to the pensions of those people who have incomes lower than the amount fixed by I
   30. (j) “legislation” means the laws specified in Article 2;
   31. (k) “period of Australian working life residence” means a period defined as such in the legislation of Australia;
   32. (l) “period of credited contributions” means a period or the total of two or more periods of contributions used to acquire an entitlement to a benefit and any p
   33. (m) “spouse carer pension” means a carer pension payable, under the legislation of Australia, to the partner of a person who is in receipt of a disability suppo
   34. (n) “survivors” means, in relation to Italy, persons who are within the categories of family members of a person who was insured or was a pensioner under the le
   35. (o) “widow” means a de jure widow;
   36. 2. In the application of this Agreement by a Party, any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning which
   37. ARTICLE 2
   38. Legislative Scope
   39. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
   40. (a) in relation to Australia: the Social Security Act 1991 in so far as the Act provides for, applies to or affects the following benefits:
   41. (i) age pension;
   42. (ii) disability support pension
   43. (iii) wife pension;
   44. (iv) pensions payable to widows;
   45. (v) widowed person allowance;
   46. (vi) spouse carer pension;
   47. (vii) double orphan pension; and
   48. (viii) supplements for children.
   49. (b) in relation to Italy: the legislation in force at the date of signature of this Agreement and any legislation that subsequently amends, supplements or repla
   50. (i) old age pensions;
   51. (ii) seniority pensions;
   52. (iii) anticipated pensions;
   53. (iv) invalidity allowances;
   54. (v) inability pensions;
   55. (vi) privileged invalidity allowances;
   56. (vii) privileged inability pensions;
   57. (viii) invalidity attendance allowance;
   58. (ix) survivors’ pensions;
   59. (x) family benefit for dependants of pensioners; and
   60. (xi) unemployment allowances.
   61. 2. Notwithstanding the provisions of paragraph 1, and unless otherwise specified in this Agreement, the legislation of Australia and Italy shall not include any
   62. 3. The competent authorities of the Parties shall advise each other of legislation that amends, supplements or replaces the legislation within the scope of this
   63. ARTICLE 3
   64. Personal Scope
   65. This Agreement shall apply to any person who:
   66. (a) is or has been an Australian resident; and/or
   67. (b) has credited contributions under the legislation of Italy,
   68. and, where applicable, to dependants and survivors in regard to entitlements they may derive from the person mentioned in this Article.
   69. ARTICLE 4
   70. Equality of Treatment
   71. 1. The citizens of each of the Parties shall be treated equally in the application of the legislation of Australia and of Italy respectively and, in any case wh
   72. 2. All persons to whom this Agreement applies shall be treated equally by the Parties in regard to entitlements and obligations derived from the legislation of
   73. 3. A Party shall not be required to apply paragraphs 1 and 2 of this Article to a person who is present in the territory of that Party without lawful authority.
   74. PART II — PROVISIONS RELATING TO BENEFITS
   75. AUSTRALIAN BENEFITS
   76. ARTICLE 5
   77. Residence or Presence in Italy or in a Third Country
   78. 1. Subject to paragraph 2, where a person would be qualified for a benefit under the legislation of Australia or under this Agreement except for not being an Au
   79. (a) is an Australian resident or residing in the territory of Italy or of a third country with which Australia has implemented an agreement that includes provis
   80. (b) is in Australia, the territory of Italy or the territory of that third country,
   81. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
   82. 2. The requirement for a person to have been an Australian resident at some time shall not apply to a person who claims a double orphan pension in accordance wi
   83. ARTICLE 6
   84. Partner-related Australian benefits
   85. A person who receives or is qualified to receive a benefit under the legislation of Australia due to the fact that his or her partner receives or is qualified t
   86. ARTICLE 7
   87. Totalisation of Periods of Residence and Periods of Contributions
   88. Totalisation for Australia
   89. 1. Where a person to whom this Agreement applies has accumulated:
   90. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for a be
   91. (b) a period of Australian working life residence equal to or greater than the minimum period identified for that person in paragraph 4; and
   92. (c) a period of credited contributions in Italy;
   93. then that period of credited contributions shall be deemed, only for the purposes of meeting any minimum qualifying period for that benefit set out in the legis
   94. 2. For the purposes of paragraph 1, where a person:
   95. (a) has been an Australian resident for a continuous period which is less than the minimum period of continuous residence required by the legislation of Austral
   96. (b) has accumulated a period of credited contributions in Italy in 2 or more separate periods that equals or exceeds in total the period referred to in sub-para
   97. the total of the periods of credited contributions shall be deemed to be one continuous period.
   98. 3. For the purposes of this Article, where a period as an Australian resident and a period of credited contributions coincide, the period of coincidence shall b
   99. 4. The minimum period of Australian working life residence to be taken into account for the purposes of sub-paragraph 1(b) shall be as follows:
   100. (a) for the purposes of an Australian benefit payable to a person outside Australia: the minimum period required shall be 12 months, of which at least 6 months
   101. (b) for the purposes of an Australian benefit payable to an Australian resident in Australia: no minimum period of Australian working life residence shall be re
   102. 5. For the purposes of paragraphs 1 and 2 and for the purpose of a claim by a woman for a pension payable to a widow, that woman shall be deemed to have accumul
   103. ARTICLE 8
   104. Calculation of Australian Benefits
   105. 1. Subject to the provisions of this Article, where an Australian benefit, other than a double orphan pension, is payable under this agreement or otherwise to a
   106. (a) any Italian integration and/or social supplement and family benefit for the dependants of pensioners included in the total amount of that Italian benefit sh
   107. (b) the social pension paid by Italy as non-contributory welfare support shall be disregarded; and
   108. (c) only a proportion of any other Italian benefit shall be assessed by multiplying the number of whole months of Australian working life residence used for tha
   109. 2. A person referred to in paragraph 1 shall be entitled to receive the concessional treatment of income described in sub-paragraph (c) only for any period duri
   110. 3. Subject to the related provisions in this Article, where an Australian benefit, other than a double orphan pension, is payable under this agreement to a pers
   111. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation any Italian benefit (including any Italian i
   112. (b) deducting that Italian benefit (including any Italian integration and/or social supplement and family benefit for dependants of pensioners) from the maximum
   113. (c) applying to the Australian benefit remaining, after the application of sub-paragraph (b), the relevant rate calculation set out in the legislation of Austra
   114. 4. For the purposes of this Article and for the application of the legislation of Australia, where a member of a couple is, or both his or her partner are, enti
   115. ARTICLE 9
   116. Double Orphan Pension and Spouse Carer pension
   117. 1. Where a double orphan pension would be payable to a person under the legislation of Australia, in respect of a young person whose sole surviving parent died
   118. 2. For the purposes of qualification for a spouse carer pension under this Agreement, a person who is in Italy shall be regarded as being in Australia.
   119. ARTICLE 10
   120. Exclusion of Specified Italian Payments from the Australian Income Test
   121. 1. Subject to paragraph 3 of Article 8 and paragraph 2 of this Article, where a person receives or is entitled to receive a benefit under the legislation of Aus
   122. 2. For the purposes of this Article only, the term “benefit” shall include job search, newstart and sickness allowances payable under the social security laws o
   123. ITALIAN BENEFITS
   124. ARTICLE 11
   125. Totalisation of Periods of Contributions and Periods of Residence
   126. Totalisation for Italy
   127. 1. Where a person to whom this Agreement applies has accumulated:
   128. (a) a period of credited contributions in Italy that is less than the period required to qualify that person under the legislation of Italy for a benefit; and
   129. (b) a period of credited contributions equal to or greater than the minimum period identified for that benefit for that person in paragraph 2; and
   130. (c) a period of Australian working life residence;
   131. then that period of Australian working life residence shall be deemed, for the purposes of meeting any minimum qualifying period for that benefit set out in the
   132. 2. The minimum period of credited contributions in Italy to be taken into account for the purposes of paragraph 1 shall be as follows:
   133. (a) for old age pension: 1 year;
   134. (b) for anticipated pension: 1 year;
   135. (c) for seniority pension: 15 years;
   136. (d) for invalidity allowance: 1 year;
   137. (e) for inability pension: 1 year;
   138. (f) for privileged invalidity pension allowance: 1 year;
   139. (g) for privileged inability pension: 1 year; and
   140. (h) for survivor’s pension: 1 year.
   141. 3. For the purposes of voluntary insurance under the legislation of Italy, a period of credited contributions in Italy in relation to a person shall be combined
   142. 4. For all purposes of this Article, where a period of credited contributions and a period of Australian working life residence coincide, the period of coincide
   143. ARTICLE 12
   144. Italian Pro-Rata Benefits
   145. 1. The amount of Italian benefit payable to a person through the application of Article 11 shall be determined as follows:
   146. (a) the amount of the theoretical benefit to which the person concerned would be entitled shall be established as if the period of credited contributions in Ita
   147. (b) the amount of benefit payable shall be that amount which bears to the amount referred to in sub-paragraph (a) the same ratio as that period of credited cont
   148. 2. If the sum of the periods referred to in sub-paragraph 1(b) exceeds the maximum period provided for by the legislation of Italy for entitlement to the maximu
   149. 3. The calculation of a rate in relation to a person in accordance with paragraph 1 shall take into account only the salary or income of that person which was s
   150. 4. If a person resides in Italy and is entitled to benefits under the legislation of both Parties and the total of these benefits is less than the minimum pensi
   151. ARTICLE 13
   152. Exclusion of Specified Australian Payments from the Italian Income Test
   153. Where a person receives or is entitled to receive a benefit under the legislation of Italy by virtue of this Agreement or otherwise and that benefit includes an
   154. ARTICLE 14
   155. Unemployment Allowance
   156. For the purposes of eligibility by a citizen of Australia or of Italy for unemployment allowance under the social security laws of Italy, any periods of employm
   157. ARTICLE 15
   158. Family Benefits
   159. Family benefits payable under the legislation of Italy:
   160. (a) shall be payable under this Agreement to Australian residents who are receiving an Italian benefit payable under the social security laws of Italy, whether
   161. (b) shall not preclude the payment of family payments under the social security laws of Australia, including those laws as modified or adapted by laws giving ef
   162. and shall, for the purpose of reciprocity under this Agreement, be regarded as the Italian benefit equivalent to those Australian benefits described as:
   163. (c) wife pension;
   164. (d) spouse carer pension; and
   165. (e) supplements for children.
   166. PART III — MISCELLANEOUS PROVISIONS
   167. ARTICLE 16
   168. Lodgement of Claims
   169. 1. A claim for benefit, under this Agreement or otherwise, may be lodged:
   170. (a) in the territory of either Party in accordance with the administrative arrangements for this Agreement; or
   171. (b) in a third country if that country is of the kind referred to in Article 5,
   172. at any time after the Agreement enters into force.
   173. 2. Where a claim for a benefit of a Party is lodged in the territory of the other Party or in a third country in accordance with paragraph 1, the date on which
   174. ARTICLE 17
   175. Determination of Claims
   176. 1. In determining the entitlement of a person to a benefit under this Agreement:
   177. (a) a period of Australian residence and a period of credited contributions; and
   178. (b) any event relevant to that entitlement,
   179. shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person and whether they were
   180. 2. The start date for the payment of a benefit under this Agreement shall be determined by the legislation of the Party concerned and in no case shall that date
   181. 3. Where:
   182. (a) a claim is made for a benefit payable by one of the Parties, whether by virtue of this Agreement of otherwise; and
   183. (b) there are reasonable grounds for believing that the claimant may also be entitled, whether by virtue of this Agreement or otherwise, to a benefit (in this A
   184. that claim may be determined by the first-mentioned Party as if the assumed benefit were in fact being paid to that claimant.
   185. 4. Where a claim for a benefit is determined in accordance with the preceding paragraph 3 and it is subsequently established that the amount of the assumed bene
   186. 5. Where:
   187. (a) it appears that a person who is entitled to the payment of a benefit by one of the Parties might also be entitled to the payment of a benefit by the other P
   188. (b) the amount of the benefit that might be paid by that other Party would affect the amount of the benefit payable by the first-mentioned Party; and
   189. (c) the amount that could be due in respect of the benefit by that other Party, whether by virtue of this Agreement or otherwise, is likely to include an adjust
   190. then
   191. (d) that other Party shall, if the first-mentioned Party so requests, pay the amount of those arrears to the first-mentioned Party; and
   192. (e) the first mentioned Party may deduct from the amount of those arrears any excess amount of the benefit paid by it and shall pay any balance remaining to tha
   193. ARTICLE 18
   194. Portability of Benefits
   195. 1. Benefits of one Party are also payable in the territory of the other Party.
   196. 2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable under this Agreement
   197. 3. Where qualification for a benefit of one Party is subject to limitations as to time, then references to that Party in those limitations shall be read also as
   198. 4. A benefit payable by a Party under this Agreement shall be paid by that Party without deduction for government administrative fees and charges for processing
   199. ARTICLE 19
   200. Administrative Arrangements
   201. The competent authorities of the Parties shall make whatever administrative arrangements are necessary to implement this Agreement.
   202. ARTICLE 20
   203. Exchange of Information and Mutual Assistance
   204. 1. The competent authorities and institutions responsible for the application of this Agreement:
   205. (a) shall communicate to each other any information necessary for the application of this Agreement and of their respective social security laws;
   206. (b) shall lend their good offices and furnish assistance to one another, including the communication to each other of any necessary information, with regard to
   207. (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about change
   208. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the parti
   209. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any administrative arrangements made pursuant to Article 19.
   210. 3. Any information about a person transmitted under this Agreement to an institution shall be protected in the same manner as information obtained under the leg
   211. 4. In no case shall the provisions of paragraph 1 be construed so as to impose on the competent authority or the institution of a Party the obligation:
   212. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
   213. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or the other Party.
   214. 5. In the application of the Agreement, the competent authorities and the institutions of a Party may communicate in its official language with the other Party.
   215. ARTICLE 21
   216. Appeals
   217. 1. Any person affected by a determination, direction, decision or approval made or given by the competent authority or institution of a Party, in relation to a
   218. 2. An appeal and documents related to an appeal in accordance with paragraph 1, may be lodged in the territory of either Party in line with the administrative a
   219. 3. Subject to paragraph 4, the date on which appeals and related document are lodged in accordance with paragraph 2 with the institution of one Party shall be r
   220. 4. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an admini
   221. ARTICLE 22
   222. Review of Agreement
   223. 1. The Parties may agree at any time to review the whole or any part of this Agreement.
   224. 2. Subject to paragraph 1, the Parties shall consult regarding a review of this Agreement and its implementation after the Agreement has been in force for 4 yea
   225. 3. Where a party amends, supplements or replaces its legislation, the Parties shall, if one Party so requests, consult on any consequences of that change to the
   226. PART IV — FINAL PROVISIONS
   227. ARTICLE 23
   228. Entry into Force and Transitional Provisions
   229. 1. This Agreement shall be ratified by both Parties in accordance with their respective procedures and shall enter into force on the first day of the month foll
   230. 2. When this Agreement enters into force the Agreement between Australia and the Republic of Italy on Social Security signed on 23 April 1986 shall, subject to
   231. 3. Subject to paragraph 4, where, on the date on which this Agreement enters into force, a person:
   232. (a) is in receipt of a benefit under the legislation of either Party by virtue of the Agreement which was signed on 23 April 1986; or
   233. (b) is qualified to receive a benefit referred to in subparagraph (a) and, where a claim for that benefit is required, has claimed that benefit,
   234. no provision of this Agreement shall affect that person’s qualification to receive that benefit.
   235. 4. Th rate of a benefit for which a person is qualified by virtue of paragraph 3 shall, subject to this Agreement, be assessed in accordance with the provisions
   236. 5. Where a resident of Italy:
   237. (a) was in receipt of a widow B pension from Australia and had that pension cancelled because of the enactment of section 1215 of the Social Security Act 1991;
   238. (b) had applied for a widow B pension on or before 30 June 1992 but that application had not been determined by that date,
   239. then that cancelled pension shall be reinstated back to the date of cancellation or that application shall be determined as if section 1215 had not been enacted
   240. ARTICLE 24
   241. Termination
   242. 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other wr
   243. 2. In the event this Agreement is terminated in accordance with paragraph 1, the Agreement shall continue to have effect in relation to all persons who:
   244. (a) at the date of termination, are in receipt of benefits under this Agreement; or
   245. (b) before the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits under this Agreement.
   246. IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Agreement.
   247. Done in duplicate at Rome the thirteenth day of September 1993, in the English and Italian languages, both texts being equally authoritiative.
   248. FOR AUSTRALIA FOR THE REPUBLIC
   249. OF ITALY
   250. [Signatures omitted]
   251. PART B
   252. EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT, DONE AT CANBERRA ON 31 MAY 2000, AMENDING AND CLARIFYING THE AGREEMENT ON SOCIAL SECURITY BETWEEN AUSTRALIA AND THE
   253. The Department of Foreign Affairs and Trade presents its compliments to the Embassy of Italy and has the honour to refer to the Agreement on Social Security bet
   254. The Department notes that since the agreement was signed there have been changes to the legislation of both Parties which affect the interpretation and implemen
   255. Therefore the Department has the honour to propose the following amendments to, and clarifications of the Agreement:
   256. 1. The definition in Article 1.1(g) of the Agreement shall be read as follows:
   257. “(g) institution – means an institution apart from the competent authority, which is responsible for the application of this Agreement as specified in the admin
   258. 2. The definition in Article 1.1(h) of “Italian integration” shall be read so as to include also the differential amount according to Law 335/95 of Italy in add
   259. 3. The benefit referred to as “carer pension” in Article 1.1(m) shall read “carer payment”.
   260. 4. The benefit referred to as “widowed person allowance” in sub-paragraph (v) of Article 2.1(a) shall read “bereavement allowance”.
   261. 5. In the interpretation of Article 8.1 where reference is made to the rate of the benefit being determined under Australian legislation, that rate shall always
   262. If the foregoing proposal is acceptable to the Embassy of Italy, the Department of Foreign Affairs and Trade has the honour to propose that this Note and the re
   263. The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the Embassy of Italy the assurance of its highest consideration.
   264. The Embassy of Italy presents its compliments to the Department of Foreign Affairs and Trade and has the honour to refer to the Department’s Note No. LGB 00/838
   265. “The Department of Foreign Affairs and Trade presents its compliments to the Embassy of Italy and has the honour to refer to the Agreement on Social Security be
   266. The Department notes that since the Agreement was signed there have been changes to the legislation of both Parties which affect the interpretation and implemen
   267. Therefore the Department has the honour to propose the following amendments to and clarifications of the Agreement:
   268. 1. The definition in Article 1.1(g) of the agreement shall be read as follows: “(g) institution – means an institution apart from the competent authority which
   269. 2. The definition in Article 1.1(h) of “Italian integration” shall be read so as to include also the differential amount according to Law 335/95 of Italy in add
   270. 3. The benefit referred to as “carer pension” in Article 1.1(m) shall read “carer payment”.
   271. 4. The benefit referred to as “widowed person allowance” in sub-paragraph (v) of Article 2.1(a) shall read “bereavement allowance”.
   272. 5. In the interpretation of Article 8.1 where reference is made to the rate of the benefit being determined under Australian legislation, that rate shall always
   273. If the foregoing proposal is acceptable to the Embassy of Italy, the Department of Foreign Affairs and Trade has the honour to propose that this Note and the re
   274. The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the Embassy of Italy the assurance of its highest consideration.”
   275. The Embassy of Italy has the honour to confirm that the foregoing is acceptable to the Government of the Republic of Italy and that the Department’s Note and th
   276. The Embassy of Italy avails itself of this opportunity to renew to the Department of Foreign Affairs and Trade the assurances of its highest consideration.
   277. Embassy of Italy
   278. Canberra
   279. 31 May 2000
6. Schedule 3 · New Zealand
   1. Note: See section 5.
   2. PART A
   3. AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND
   4. The Government of Australia, and
   5. The Government of New Zealand
   6. Referred to in this Agreement as “the Parties”
   7. WISHING to strengthen the existing friendly relations between the two countries, and
   8. DESIRING to coordinate the operation of their respective social security systems and to enhance the equitable access by people covered by this Agreement to spec
   9. WISHING to modify and replace the Agreement providing for matters relating to social security entered into at Canberra on 28 March 2001, as amended on 21 Februa
   10. HAVE agreed as follows:
   11. PART I
   12. DEFINITIONS AND SCOPE
   13. ARTICLE 1
   14. Definitions
   15. 1. In this Agreement unless the context otherwise requires:
   16. (a) “Australian resident” has the meaning given to it under Article 5;
   17. (b) “benefit”, in relation to a Party, means the benefits as listed and defined in Article 2 and, unless otherwise stated, includes any amount, increase or supp
   18. (c) “competent authority”, in relation to New Zealand, means the chief executive of the department for the time being responsible for the implementation of the
   19. (d) “competent institution”, in relation to a Party, means the institution or institutions that are responsible for the administration or implementation of the
   20. (e) “date of severe disablement” means the date a person who applies for a disability support pension or supported living payment was first assessed as meeting
   21. (f) “legislation” in relation to a Party, means the laws, orders and regulations of that Party specified in Article 2;
   22. (g) “living alone”, in relation to New Zealand superannuation or veteran’s pension, has the meaning given to it under the social security law of New Zealand; an
   23. (h) “month”, in relation to New Zealand, means a calendar month, but where fractions of a month are to be aggregated, a month means 30 days;
   24. (i) “New Zealand resident” has the meaning given to it under Article 5;
   25. (j) “pension age”, means the qualifying age for New Zealand superannuation or the qualifying age for the Australian age pension, whichever is the higher age at
   26. (k) “permanent resident of Australia” has the meaning given to it under Article 5;
   27. (l) “present long term” means when a person is physically present in the territory of either Party and either has been in the territory of that Party for at lea
   28. (m) “severely disabled” means a person who:
   29. (i) has a physical impairment, a psychiatric impairment, an intellectual impairment, or two or all of such impairments, which makes the person, without taking i
   30. (ii) to work for at least the next 2 years; and
   31. (iii) unable to benefit within the next 2 years from participation in a program of assistance or a rehabilitation program; or
   32. (iv) is permanently blind;
   33. For the avoidance of doubt, a person can be severely disabled even if they are not of working age.
   34. (n) “social security law” means,
   35. (i) in relation to Australia, the Social Security Act 1991, the Social Security (Administration) Act 1999 and the Social Security (International Agreements) Act
   36. (ii) in relation to New Zealand the New Zealand Superannuation and Retirement Income Act 2001, the Social Security Act2016 and the Orders in Council and Regulat
   37. (o) “supported living payment” means a New Zealand payment on the grounds of sickness, injury, disability, or total blindness but does not include a payment on
   38. (p) “territory”, in relation to New Zealand, means: New Zealand only and not the Cook Islands, Niue or Tokelau; and, in relation to Australia, means: Australia
   39. (q) “third country” means a country other than Australia or New Zealand;
   40. (r) “third country pension” in relation to New Zealand, means an overseas pension as defined in the social security law of New Zealand and, in relation to Austr
   41. (s) “third country residence” has the meaning given to it under Article 5;
   42. (t) “working age residence” has the meaning given to it under Article 5;
   43. (u) “year” means 12 calendar months;
   44. (v) “1994 Agreement” means the Agreement on Social Security between the Government of New Zealand and the Government of Australia done at Wellington on 19 July
   45. (w) “1994 Agreement benefit” means a benefit defined in the 1994 Agreement in Article 2, paragraph 1, subparagraphs (a)(i), (ii), (iii), (iv), (v), (vi) and (vi
   46. (x) “2001 Agreement” means the Agreement on social security between the Government of Australia and the Government of New Zealand, signed on the twenty-eighth d
   47. 2. In the application by a Party of this Agreement in relation to a person, any term not defined in this Article shall, unless the context otherwise requires, h
   48. ARTICLE 2
   49. Legislative Scope
   50. 1. Except as provided under paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any leg
   51. (a) in relation to Australia: the Acts forming the social security law in so far as those Acts provide for, apply to or affect the following benefits:
   52. (i) age pension;
   53. (ii) disability support pension;
   54. (iii) carer payment in respect of the partner of a person who is in receipt of a disability support pension; and
   55. (b) in relation to New Zealand: the social security law and the Veteran’s Support Act 2014 insofar as they provide for, apply to or affect the following benefit
   56. (i) New Zealand superannuation;
   57. (ii) veteran’s pension; and
   58. (iii) supported living payment.
   59. 2. For the purposes of this Agreement an Australian disability support pension and a New Zealand supported living payment shall be limited to cases where:
   60. (a) the person is severely disabled;
   61. (b) the person was a resident of one of the Parties at the date they became severely disabled; and
   62. (c) the person, prior to the date of severe disablement, was residing in the territory of the other Party for a period of not less than one year at any time.
   63. ARTICLE 3
   64. Personal Scope
   65. This Agreement shall apply to any person who:
   66. (a) is or has been an Australian resident; or
   67. (b) is or has been a New Zealand resident.
   68. ARTICLE 4
   69. Equality of Treatment
   70. Except as provided for in this Agreement, the persons to whom this Agreement applies shall be treated equally by each of the Parties in regards to rights and ob
   71. ARTICLE 5
   72. Residence Definitions
   73. 1. “Australian resident” has the meaning given to that term in the social security law of Australia but for the purposes of the Agreement also includes a New Ze
   74. (a) the nature of the accommodation used by the person in Australia;
   75. (b) the nature and extent of the family relationships the person has in Australia;
   76. (c) the nature and extent of the person’s employment, business or financial ties with Australia;
   77. (d) the nature and extent of the person’s assets located in Australia;
   78. (e) the frequency and duration of the person’s travel outside Australia; and
   79. (f) any other matter relevant to determining whether the person intends to remain permanently in Australia;
   80. and “residence in Australia” has a corresponding meaning.
   81. 2. “New Zealand resident” means, a person who has or had New Zealand as their principal place of residence except where that person was unlawfully resident or p
   82. (a) a visitor’s permit;
   83. (b) a temporary work permit; or
   84. (c) a permit to be in New Zealand for the purposes of study at a New Zealand school or university or other tertiary educational establishment;
   85. and “residence in New Zealand” has a corresponding meaning.
   86. 3. “permanent resident of Australia” means a person who resides in Australia and is one of the following:
   87. (a) an Australian citizen;
   88. (b) the holder of a permanent visa; or
   89. (c) a protected special category visa holder as defined under the social security law of Australia.
   90. 4. “third country residence” means a period of residence when a person was not either an Australian resident or a New Zealand resident.
   91. 5. “working age residence” means a period of residence in the territory of a Party from the age of 20 until the qualifying age for age pension in Australia or t
   92. PART II
   93. PROVISIONS RELATING TO NEW ZEALAND BENEFITS
   94. ARTICLE 6
   95. Residence in Australia
   96. 1. Where a person would be entitled to receive a benefit under the social security law of New Zealand (including a person who would be entitled under Article 8)
   97. (a) is either:
   98. (i) ordinarily resident and present in Australia; or
   99. (ii) present long term in Australia; and
   100. (b) has been a New Zealand resident at any time in his or her life for a continuous period of at least one year since attaining the age of 20 years; and
   101. (c) in the case of New Zealand superannuation or a veteran’s pension, has reached pension age under this Agreement.
   102. 2. Subject to this Agreement, where a person is entitled to receive a benefit under the social security law of New Zealand (including a person who is entitled u
   103. 3. For the purposes of this Part, if a person who is ordinarily resident in Australia is temporarily absent from Australia for a continuous period that does not
   104. 4. In the case of a person who has reached pension age under this Agreement, New Zealand superannuation or a veteran’s pension which would otherwise be payable
   105. 5. A supported living payment which would otherwise be payable to New Zealand shall continue to be payable for up to 4 weeks after the person’s departure from N
   106. 6. If an application referred to in paragraphs 4 and 5 is granted under the Agreement, the rate of New Zealand benefit payable after the date of grant shall be
   107. 7. No New Zealand benefit shall be granted to a person who is in receipt of a benefit under the 1994 Agreement at the time that this Agreement comes into force
   108. 8. Except as provided in paragraph 9, a person who is ordinarily resident in Australia is not entitled to receive, or to continue to receive, a supported living
   109. (a) reaches pension age under this Agreement; and
   110. (b) is entitled to receive New Zealand superannuation or a veteran’s pension, under this Article or otherwise.
   111. 9. A person who is ordinarily resident in Australia and is married, in a civil union, or in a de facto relationship, is not entitled to receive, or continue to
   112. ARTICLE 7
   113. Presence in New Zealand
   114. 1. Where a person would be entitled to receive a benefit under the social security law of New Zealand (including a person who would be entitled under Article 8)
   115. (a) is present long term in New Zealand;
   116. (b) qualifies for an Australian benefit that is payable at a rate prescribed under Article 13; and
   117. (c) in the case of New Zealand superannuation or a veteran’s pension, has reached pension age under this Agreement.
   118. 2. Where a person is entitled to receive a New Zealand benefit under paragraph 1, the amount payable shall be calculated in accordance with, and subject to the
   119. ARTICLE 8
   120. Totalisation for New Zealand
   121. 1. In determining whether a person meets the residential qualifications for a New Zealand superannuation or a veteran’s pension, the competent institution of Ne
   122. 2. In determining whether a person meets the residential qualifications for a supported living payment, the competent institution of New Zealand shall deem a pe
   123. 3. For purposes of paragraphs 1 and 2, where a period of residence in New Zealand and a period of residence in Australia coincide, the period of coincidence sha
   124. 4. The minimum period in Australia to be taken into account for the purposes of:
   125. (a) paragraph 1, shall be 12 months working age residence, of which 6 months must be continuous; and
   126. (b) paragraph 2, shall be 12 months residence, of which 6 months must be continuous.
   127. 5. This Article shall not apply to a claimant for New Zealand superannuation or a veteran’s pension who has not reached pension age under this Agreement.
   128. ARTICLE 9
   129. Rate of New Zealand Superannuation and Veterans’ Pensions in Australia
   130. 1. Except as provided in paragraph 3, where a person in Australia is entitled to receive New Zealand superannuation or a veteran’s pension under Article 6, the
   131. number of whole months New Zealand working age residence x maximum benefit rate
   132. 540
   133. subject to the following provisions:
   134. (a) all periods of working age residence in New Zealand shall be aggregated;
   135. (b) the maximum benefit rate shall be:
   136. (i) in the case of a single person, the maximum rate of benefit (less a percentage agreed in writing from time to time by the competent authorities and publishe
   137. (ii) in the case of a person who is married, in a civil union or in a de facto relationship, the maximum rate of benefit (less a percentage agreed in writing fr
   138. (c) in no case shall the rate of benefit exceed 100% of the maximum benefit rate as defined in subparagraph (b);
   139. (d) except for a third country pension taken into account under subparagraph (e), or as provided for in paragraph 3 of this Article, no account shall be taken o
   140. (e) no account shall be taken of any third country pension that is payable under the legislation of a third country unless paragraph 2 applies.
   141. 2. Where a person in Australia receives a New Zealand benefit payable under this Agreement and is not a permanent resident of Australia, periods of working age
   142. 3. Where a person is entitled to receive New Zealand superannuation or a veteran’s pension under Article 6, the rate of New Zealand superannuation or veteran’s
   143. ARTICLE 10
   144. Rate of New Zealand Supported Living Payment in Australia
   145. 1. Except as provided in paragraph 2, when a person in Australia is entitled to receive New Zealand supported living payment under Article 6, the amount of that
   146. number of whole months of
   147. New Zealand working age residence x maximum benefit rate
   148. Y
   149. Where ‘Y’ equals the aggregate of the periods of working age residence in Australia and New Zealand at the date of severe disablement and subject to the followi
   150. (a) all periods of working age residence in New Zealand shall be aggregated;
   151. (b) the maximum benefit rate shall be:
   152. (i) in the case of a single person, the maximum rate (less a percentage agreed in writing from time to time by the competent authorities and published in the Ne
   153. (ii) in the case of a person who is married, in a civil union or in a de facto relationship, the maximum rate (less a percentage agreed in writing from time to
   154. (c) in no case shall the rate of benefit exceed 100% of the maximum benefit rate as defined in subparagraph (b);
   155. (d) except for a third country pension taken into account under subparagraph (e), or as provided in paragraph 2, no account shall be taken of any benefit that i
   156. (e) no account shall be taken of any third country pension if that person is a permanent resident of Australia.
   157. 2. The rate of supported living payment for a person who qualifies under Article 6 shall be calculated under paragraph 1, but the amount the person is entitled
   158. (a) in the case of a single person, the amount of Australian disability support pension that would have been payable if that person was entitled to receive an A
   159. (b) in the case of a person who is married, in a civil union or in a de facto relationship, the aggregated amount of Australian disability support pension and c
   160. PART III
   161. PROVISIONS RELATING TO AUSTRALIAN BENEFITS
   162. ARTICLE 11
   163. Residence or Presence in Australia or New Zealand
   164. 1. Where a person would not qualify for a benefit under the legislation of Australia or by virtue of this Agreement only because he or she was not an Australian
   165. (a) is an Australian resident or a New Zealand resident; and
   166. (b) is present long term in Australia or New Zealand;
   167. that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
   168. 2. A claimant for an age pension must be of pension age under this Agreement to be able to obtain the benefit of this Article.
   169. 3. If a person applies for a carer payment under this Agreement, references to Australia in the provisions of the social security law of Australia relating to q
   170. 4. If a person is qualified for a carer payment under this Agreement, that person can receive that payment if that person has an aggregate period of residence o
   171. ARTICLE 12
   172. Totalisation for Australia
   173. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
   174. (a) a period as an Australian resident that is less than the period required to qualify that person for that benefit under the legislation of Australia;
   175. (b) a period of working age residence in Australia equal to or greater than the period identified in accordance with paragraph 3; and
   176. (c) a period of working age residence in New Zealand.
   177. then:
   178. That period of working age residence in New Zealand shall be deemed to be a period in which that person was an Australian resident only for the purposes of meet
   179. 2. Where a person’s period of working age residence in Australia and a period of working age residence in New Zealand coincide, the period of coincidence shall
   180. 3. The minimum period of Australian working age residence to be taken into account for the purposes of paragraph 1(b) shall be as follows:
   181. a. for the purposes of an Australian benefit payable to a person present long term in New Zealand, the minimum period shall be one year of which at least six mo
   182. b. for the purposes of an Australian benefit payable to a person present long term in Australia there will be no minimum period.
   183. 4. A claimant for an age pension under this Agreement must be of pension age to be able to obtain the benefit of this Article.
   184. ARTICLE 13
   185. Calculation of Australian Benefits
   186. 1. Where an Australian benefit is payable to a person, whether by virtue of the Agreement or otherwise, the rate of that benefit shall be determined under the s
   187. 2. Subject to paragraph 3, where an Australian benefit is payable, by virtue of this Agreement or otherwise, to a person who is present long term in Australia,
   188. (a) calculating that person’s income according to the social security law of Australia but disregarding in that calculation the New Zealand benefit or benefits
   189. (b) applying the income test to the maximum rate of benefit as set out in the social security law of Australia, using as the person’s income, the amount calcula
   190. (c) deducting the amount of the New Zealand benefit or benefits, and where applicable any third country pension as provided in paragraph 7, received by that per
   191. 3. A benefit paid under paragraph 2 shall continue to be calculated in the same way if the person goes to New Zealand and is not present long term there.
   192. 4. Where a member of a couple is, or both that person and his or her partner are, entitled to:
   193. (a) a New Zealand benefit or benefits; and/or
   194. (b) any third country pension;
   195. then each of them shall be deemed, for the purpose of this Article and for the social security law of Australia, to receive one half of either the amount of tha
   196. 5. (a) Where an age pension is payable, by virtue of this Agreement or otherwise, to a person who is present long term in New Zealand and who has less than 10 y
   197. where,
   198. A = rate payable.
   199. Z = period in months of working age residence in New Zealand.
   200. R = the rate that would have been payable if that person had been in Australia and was qualified under the social security law of Australia to receive age pensi
   201. (b) Where an age pension is payable, by virtue of this agreement or otherwise, to a person who is present long term in New Zealand and who has more than 10 year
   202. where,
   203. A = rate payable.
   204. W = period in months of working age residence in Australia with a minimum period of 12 months.
   205. R = the rate that would have been payable if that person had been in Australia and was qualified under the social security law of Australia to receive age pensi
   206. 6. Subject to paragraph 1, where a disability support pension is payable, by virtue of this Agreement or otherwise, to a person who is present long term in New
   207. where,
   208. A = rate payable.
   209. L = period in months of working age residence in Australia between age 20 and the date of severe disablement with a minimum number of 12 months.
   210. N = period of working age residence in New Zealand between age 20 and the date of severe disablement.
   211. R = the rate that would have been payable if that person had been in Australia and was qualified under the social security law of Australia to receive that disa
   212. 7. For the purposes of:
   213. (a) paragraph 2, where the pensioner is in Australia, but not a permanent resident of Australia;
   214. (b) subparagraph 5(a); and
   215. (c) paragraph 6, where the pensioner has less than 10 years as a New Zealand resident,
   216. any third country pension will be disregarded in the assessment of the pension and directly deducted from the rate of Australian pension.
   217. 8. Subject to paragraph 1, where a carer payment is payable, by virtue of this Agreement or otherwise, to a person who is in New Zealand or to a person caring f
   218. 9. A benefit paid under paragraphs 5, 6, or 8 shall continue to be calculated in the same way if the person goes to Australia and is not present long term there
   219. 10. A benefit paid under paragraphs 2, 5, 6, or 8 shall continue to be calculated in the same way if the person goes to a third country temporarily. A benefit w
   220. PART IV
   221. COMMON PROVISIONS ON ELIGIBILITY
   222. Article 14
   223. Export of Benefits
   224. 1. A benefit payable by a Party under this Agreement shall, subject to other provisions of this Agreement, continue to be payable to a person who goes to the te
   225. 2. A person who is ordinarily resident in New Zealand and:
   226. (a) is entitled to receive a benefit solely through the application of the totalising provisions of Article 8; and
   227. (b) either:
   228. (i) departs New Zealand with the intention of residing in a third country for a period which exceeds 26 weeks; or
   229. (ii) resides in a third country for a period which exceeds 26 weeks;
   230. shall only be entitled to receive a benefit while outside of New Zealand if he or she is entitled to receive that benefit under a reciprocal social security agr
   231. 3. Where a person, who is ordinarily resident in Australia and is entitled to a benefit by virtue of this Agreement, departs for a third country:
   232. (a) a New Zealand benefit shall continue to be payable in accordance with the provisions for temporary absences under the social security law of New Zealand as
   233. (b) in the case where the person intends to be or is absent from Australia for a period which exceeds 26 weeks, a New Zealand benefit shall cease to be payable
   234. 4. For the purposes of a New Zealand benefit, if a person who has been ordinarily resident in Australia either intends to be or is absent from Australia for a p
   235. 5. Where a person, who is in receipt of an Australian age pension by virtue of this Agreement, goes to a third country temporarily that benefit shall continue t
   236. 6. Where a person, who is in receipt of an Australian disability support pension by virtue of this Agreement, goes to a third country temporarily, that benefit
   237. 7. Where a person, who is in receipt of an Australian carer payment by virtue of this Agreement, goes to a third country temporarily, that benefit shall continu
   238. Article 15
   239. Payment of Supplementary Benefits and Allowances
   240. 1. Where a New Zealand resident becomes entitled to receive a New Zealand benefit under Article 8, the competent institution of New Zealand shall also pay to th
   241. 2. Where an Australian resident becomes entitled to receive a New Zealand benefit under this Agreement,
   242. (a) the amount of that benefit shall not include any supplementary benefit or allowance which would be payable under the social security law of New Zealand if t
   243. (b) no payment shall be made in advance of any number of instalments of that benefit, or part of it, not yet due.
   244. 3. Where an Australian resident qualifies for an Australian benefit under this Agreement or otherwise but the person’s rate of Australian benefit is zero solely
   245. 4. Where a person outside of Australia is entitled to receive an Australian benefit under this Agreement, the amount of that benefit shall not include any suppl
   246. ARTICLE 16
   247. Residence Issues
   248. 1. Where there is doubt after having applied the definitions in Article 5 as to whether a person is a resident of Australia or New Zealand, the competent instit
   249. 2. Upon the decision being made under paragraph 1, that person shall be deemed to be a resident of that country
   250. 3. If the facts on which a decision was made under paragraph 1 change in regard to the person, the competent institution of a Party may initiate action under pa
   251. PART V
   252. COMMON PROVISIONS RELATING TO BENEFIT PAYMENTS
   253. ARTICLE 17
   254. Lodgement of Documents
   255. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Party in a
   256. 2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the competent in
   257. 3. The reference in paragraph 2 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established b
   258. 4. The date on which a claim for a benefit under the legislation of one Party is lodged with the competent institution of that Party shall be considered to be t
   259. (a) the claimant provides information at the time of the initial claim indicating that he or she has completed a period of working age residence in the other co
   260. (b) the competent institution of the other Party receives the claim for that corresponding benefit within 12 months of the date of lodgement of the initial clai
   261. (c) if the claimant is applying for an age pension or New Zealand superannuation, he or she has reached pension age under this Agreement.
   262. ARTICLE 18
   263. Exchange of Information
   264. 1. The competent authorities shall advise each other:
   265. (a) of laws that amend, supplement or replace the legislation of their respective Parties for the application of this Agreement, promptly after the first-mentio
   266. (b) directly of internal action to implement this Agreement and any administrative arrangements made for its implementation; and
   267. (c) of any technical problems encountered when applying the provisions of this Agreement or of any administrative arrangements made for its implementation.
   268. 2. The competent institutions shall supply each other with any information in their possession or that they are lawfully able to obtain that may assist with ver
   269. 3. The competent institutions shall communicate to each other, as soon as possible, in relation to each benefit granted by the other Party, all information in t
   270. (a) to verify that the person in receipt of that benefit is eligible to receive it under the social security law of the Party granting the benefit;
   271. (b) to verify the amount of benefit payable; and
   272. (c) for the recovery of any social security debt under this Agreement.
   273. 4. The competent institutions shall, on request, assist each other in relation to the implementation of Agreements on social security entered into by either of
   274. 5. The assistance referred to in paragraphs 2 to 4 shall be provided subject to the terms and conditions set out in Part A of the Schedule of this Agreement, an
   275. 6. Unless disclosure is required and is permitted under the laws of both Parties, then, except as provided in Part A of the Schedule of this Agreement, any info
   276. 7. Where an exchange of information authorised under this Article is of a kind to which Part X of the New Zealand Privacy Act 1993 or the Privacy Act 1988 of Au
   277. (a) include provisions that ensure, in relation to New Zealand, that the safeguards that are required under New Zealand privacy laws in information matching agr
   278. (b) include provisions that ensure, in relation to Australia, that the safeguards that are required under Australian privacy laws in information matching agreem
   279. (c) list the items of information that each Party may request under this Article.
   280. 8. Any information transmitted in accordance with this Agreement to a competent institution shall be protected in the same manner as information obtained under
   281. 9. No term in this Article shall affect the obligations of the Parties under Article 24.
   282. ARTICLE 19
   283. Recovery of Overpayments
   284. 1. For Australia where:
   285. (a) a benefit is paid or payable by New Zealand to a person in respect of a past period;
   286. (b) for all or part of that period, Australia has paid to that person a benefit under its legislation; and
   287. (c) the amount of the benefit paid by Australia would have been reduced had the benefit paid or payable by New Zealand been paid during that period.
   288. then:
   289. the amount that would not have been paid by Australia had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past period
   290. 2. A reference to a benefit in this Article, in relation to Australia, means a pension, benefit or allowance that is payable under the Acts forming the social s
   291. Recovery from arrears
   292. 3. Where:
   293. (a) it appears that a person who is entitled to the payment of a benefit by one of the Parties might also be entitled to the payment of a benefit by the other P
   294. (b) the amount of the benefit that might be paid by that other Party would affect the amount of the benefit payable by the first-mentioned Party; and
   295. (c) the amount that could be due in respect of the benefit by that other Party, whether by virtue of this Agreement or otherwise, is likely to include an adjust
   296. then:
   297. (i) that other Party shall, if the first-mentioned Party so requests, pay the amount of those arrears to the first-mentioned Party; and
   298. (ii) the first-mentioned Party may deduct from the amount of those arrears any excess amount of the benefit paid by it and shall pay any balance remaining to th
   299. Recovery by instalment or lump sum
   300. 4. Where an amount paid by one of the Parties to a person in respect of a benefit exceeds the amount, if any, that was properly payable, whether by virtue of th
   301. 5. The amount of an excess payment referred to in paragraph 3 shall be the amount determined by the competent institution of the Party by whom the excess paymen
   302. 6. The rate of deductions to be made in accordance with paragraph 4 from the amount due in respect of a benefit, and any incidental or related matters, shall be
   303. 7. The competent institution that is making deductions or is about to make deductions under paragraph 4 shall also accept any regular or lump sum payment from t
   304. Restitution
   305. 8. The amounts deducted or received by the competent institution of one of the Parties in accordance with paragraphs 3, 4 or 7 shall be remitted to the other co
   306. 9. Recovery of overpayments by either Party under this Agreement shall be subject to the terms and conditions set out in Part B of the Schedule of this Agreemen
   307. ARTICLE 20
   308. Limitations
   309. In no case shall the provisions of this Part be construed so as to impose on the competent institution of a Party the obligation to carry out administrative mea
   310. ARTICLE 21
   311. Administrative Arrangements
   312. The competent authorities of the Parties shall establish by means of administrative arrangements the measures necessary for the implementation of this Agreement
   313. ARTICLE 22
   314. Currency
   315. 1. Payments under this Agreement may be made validly in the currency of the Party making the payment.
   316. 2. Money transfers made under this Agreement shall be made in accordance with any relevant arrangements in effect between the Parties at the time of transfer.
   317. 3. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to g
   318. 4. A Party that imposes restrictions described in paragraph 3 shall inform the other Party of those restrictions within one calendar month of their imposition a
   319. 5. A benefit payable by a Party by virtue of this Agreement to a person outside the territory of that Party shall be paid without deduction for government admin
   320. PART VI
   321. MISCELLANEOUS PROVISIONS
   322. ARTICLE 23
   323. Settlement of Disputes
   324. 1. The competent authorities of the Parties shall settle, to the extent possible, any disputes that arise in interpreting or applying the provisions of this Agr
   325. 2. The Parties shall consult promptly at the request of either concerning matters which have not been settled by the competent authorities in accordance with pa
   326. Article 24
   327. Review of the Agreement
   328. 1. The Parties may agree at any time to review any of the provisions of this Agreement. If a Party requests the other to meet to review this Agreement, the Part
   329. 2. If a meeting is requested under paragraph 1 then the requesting Party agrees to travel to the territory of the other Party, unless otherwise agreed.
   330. ARTICLE 25
   331. Schedule to the Agreement
   332. The Schedule of this Agreement is an integral part of this Agreement.
   333. ARTICLE 26
   334. Transitional Provisions
   335. 1. Subject to this Agreement, when this Agreement enters into force pursuant to Article 27, the 2001 Agreement shall terminate and persons who were receiving be
   336. 2. Notwithstanding paragraph 1, where on the date on which this Agreement enters into force, a person:
   337. (a) is in receipt of a benefit under the legislation of either Party by virtue of Article 12(4) or 14(2) of the 2001 Agreement; or (b) is qualified to receive a
   338. 3. Any person who is in receipt of a benefit under the 1994 Agreement shall continue to be entitled to receive that benefit in accordance with the provisions of
   339. 4. A person who is in receipt of a benefit under the 1994 Agreement shall not be required to claim a benefit from the other Party under this Agreement, whether
   340. ARTICLE 27
   341. Entry into Force and Termination
   342. 1. The Agreement shall enter into force on 1 July 2017 provided that the Parties have notified each other by notes exchanged through the diplomatic channel that
   343. 2. Subject to paragraph 3, this Agreement shall remain in force until either:
   344. (a) the expiration of 12 months from the date on which either Party receives from the other written notice through the diplomatic channel of the intention of ei
   345. (b) the date of entry into force of a later treaty between the Parties relating to the same subject matter as this Agreement, and which the Parties intend shall
   346. 3. In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to all persons who by
   347. (a) at the date of termination, are in receipt of benefits; or
   348. (b) prior to the expiry of the period referred to in subparagraph (a), have lodged claims for, and would be entitled to receive, benefits.
   349. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
   350. DONE in two copies in the English language at Wellington on this 8th day of December 2016.
   351. FOR THE GOVERNMENT OF AUSTRALIA …………………………………. FOR THE GOVERNMENT OF NEW ZEALAND ………………………………….
   352. Schedule
   353. Part A
   354. Terms and conditions for exchange of information for social security purposes
   355. 1. The terms and conditions referred to in Article 18 of the Agreement are:
   356. a. a request for information relating to an individual may be made only for social security purposes;
   357. b. the requested institution of a Party may supply to the requesting institution such information on the person to whom the request relates as it holds or is la
   358. c. the requesting institution of a Party (the “requesting Party”) to whom information is supplied by the requested institution of the other Party may supply tha
   359. i. making an assessment of the tax due by any person under the laws of the requesting Party relating to taxation;
   360. ii. detecting tax fraud or tax evasion under the laws of the requesting Party;
   361. d. every request for and supply of information made by and to the competent institutions of the Parties must be made in terms of an agreement between the compet
   362. i. specifies the types of information that the competent institutions may supply to each other; and
   363. ii. limits the supply of information to the types of information specified; and
   364. iii. subject to subparagraph (iv), in relation to New Zealand, contains, with all necessary modifications, the safeguards required to be set out in an informati
   365. iv. in relation to New Zealand, requires the information matching rules set out in clause 4 of the Schedule 4 of the Privacy Act 1993, with all necessary modifi
   366. v. in relation to New Zealand, has been agreed to by the Privacy Commissioner under the Privacy Act 1993, the Commissioner having had regard to the information
   367. e. Subject to paragraphs (b) and (c), any information supplied by a Party to the other Party must be subject to the same privacy protections as any other person
   368. f. no Party that receives, under the Agreement, personal information about any individual from the competent institution of the other Party may supply that info
   369. g. a Party must supply the competent institution of the other Party with any information required by that institution to answer any questions or to make any rep
   370. 2. In relation to New Zealand, section 99(4) of the Privacy Act 1993 applies, with any necessary modifications, to an agreement between the competent institutio
   371. Part B
   372. Terms and conditions for recovery of social security debts
   373. 1. The terms and conditions referred to in Article 19 of the Agreement are:
   374. a. assistance to recover any social security debt of a Party may be provided by the other Party only in respect of a debt:
   375. i. that has been found or determined to be owing in the country concerned by a court or tribunal having jurisdiction in the matter, or by a person, body, or org
   376. ii. in respect of which any right of review or appeal of the determination of the debt, under the law under which the debt was determined (other than a right of
   377. A. has been exhausted or has expired; or
   378. B. if there is no time limit for the exercise of any such right, has not been exercised, or has been exercised and the review or appeal has been finally determi
   379. iii. that may be lawfully recovered under the laws of that country; and
   380. iv. that was first found or determined to be owing less than 5 years prior to the date that the request for assistance is made, except as provided in clause 2;
   381. b. when providing assistance to recover any social security debt of a Party, the Party giving the assistance is not required to:
   382. i. give priority to the recovery of social security debts of the other Party; and
   383. ii. take any measures for recovery not provided for under the laws relating to the recovery of debts of that Party;
   384. c. a Party may not seek to recover a social security debt by imprisonment of the individual by whom it is owed or of any other individual;
   385. d. any recovery of a social security debt of a deceased individual is limited to the value of that individual’s estate;
   386. e. any institution, court, or tribunal involved in the recovery of a social security debt may defer recovery of the debt, or may order or arrange for the debt t
   387. i. the institution, court, or tribunal has the power to do so; and
   388. ii. it is its normal practice to do so;
   389. f. a Party may give assistance only in respect of a social security debt that the requesting institution has certified is of a kind described in subparagraphs (
   390. g. the Party requesting assistance to recover a social security debt must pay the costs of the other Party of recovering the debt, including court costs or othe
   391. 2. For the purpose of clause 1(a)(ii), a right of review or appeal under the law under which a debt was determined has expired:
   392. a. if the right has not been exercised within the time limit provided for its exercise; and
   393. b. irrespective of whether the court or tribunal or body or person that would have jurisdiction in respect of the review or appeal, or any other person, retains
   394. 3. Where any institution, court, or tribunal defers the recovery of a social security debt, or orders or arranges for a social security debt to be paid by insta
   395. PART B
   396. EXCHANGE OF NOTES AMENDING THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND, DONE AT WELLINGTON ON 8 DECEM
   397. New Zealand initiating note
   398. NOTE NUMBER: NZHC 2017 024
   399. The New Zealand High Commission, Canberra presents its compliments to the Department of Foreign Affairs and Trade of Australia and has the honour to refer to th
   400. The High Commission has the further honour to propose that, on the basis of the aforementioned discussions, the following corrections to the Agreement be made i
   401. 1. Article 1(c) and 1(n)(ii) of the Agreement are corrected by deleting the references to the year “2016” and replacing it with the year “1964” so that both ref
   402. 2. Article 6 of the Agreement is corrected by inserting in paragraph 5, after the words “payable to”, the words “a person in”.
   403. The High Commission has the honour to propose that, if the forgoing is acceptable to the Government of Australia, this note, and the Department’s note in reply,
   404. The New Zealand High Commission, Canberra takes this opportunity to renew to the Department of Foreign Affairs and Trade of Australia the assurances of its high
   405. New Zealand High Commission
   406. CANBERRA
   407. 24 March 2017
   408. Australian note in reply
   409. No17/PAD 09
   410. The Department of Foreign Affairs and Trade presents its compliments to the New Zealand High Commission in Canberra and has the honour to refer to the latter’s
   411. The Department of Foreign Affairs and Trade of Australia has the further honour to advise that the request is acceptable to the Government of Australia and that
   412. The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the New Zealand High Commission, Canberra the assurances of its highes
   413. CANBERRA
   414. 11 April 2017
   415. PART C
   416. INTERPRETATIVE DECLARATION AND EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT AFFECTING THE OPERATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF
   417. Interpretative declaration
   418. WHEREAS the Minister for International Development and the Pacific of the Government of Australia has approved the making of an Interpretative Declaration (‘Dec
   419. NOW THEREFORE THESE PRESENT CERTIFY that Australia’s Declaration is as follows:
   420. The purpose of this Declaration is to clarify Australia’s interpretation of Article 5(1) of the Agreement.
   421. The Agreement is relevantly intended to enable New Zealand citizens who are lawfully residing in Australia on a special category visa to:
   422.  qualify for Australian age pension, disability support pension and carer payment under the Agreement, and
   423.  where applicable, enable another relevant person to qualify for Australian age pension and carer payment under the Agreement.
   424. It is the understanding of Australia that Article 5(1) of the Agreement extends the definition of “Australian resident” in subsection 7(2) of Australia’s Social
   425. This means if a person is an “Australian resident” under Article 5(1) of the Agreement, the person may be able to satisfy the Australian resident requirements i
   426.  paragraphs 43(1)(a), 43(1A)(c) and 43(1A)(d) of the Act, for the purposes of Australian age pension qualification,
   427.  paragraphs 94(1)(e), 94(1)(ea), 95(1)(c) and 95(1)(d) of the Act, for the purposes of Australian disability support pension qualification, and
   428.  subsection 197D(3), paragraph 197D(4)(b), subsection 198(4) and paragraphs 198(5)(b) and 198(7)(b) of the Act, for the purposes of Australian carer payment qu
   429. IN WITNESS WHEREOF, I, Pat Conroy, have hereunto set my hand and affixed my seal.
   430. DONE at Belmont, this 19th day of March, Two Thousand and Twenty-Five.
   431. Minister for International Development and the Pacific
   432. Australia initiating note
   433. Note No.25/14
   434. The Australian High Commission presents its compliments to the Ministry of Foreign
   435. Affairs and Trade and has the honour to convey to the Government of New Zealand the
   436. enclosed Interpretative Declaration dated 19 March 2025 regarding the interpretation of
   437. the Agreement on Social Security between the Government of Australia and the
   438. Government of New Zealand, done at Wellington on 8 December 2016 (the
   439. Agreement).
   440. The Department of Social Services, as the lead agency with responsibility for the Agreement and Interpretative Declaration on behalf of the Australian Governmen
   441. In line with Australia’s longstanding interpretation of Article 5(1) of the Agreement,
   442. Australia considers that New Zealand citizens living in Australia on a Special Category
   443. Visa (SCV) can rely on the terms of the Agreement to satisfy the residence
   444. requirements in Australia’s domestic legislation to qualify for the Australian Age
   445. Pension, Disability Support Pension and Carer Payment in certain circumstances.
   446. Australia also considers that the Agreement enables a person caring for an SCV holder
   447. to qualify for the Carer Payment and a widow whose deceased partner was an SCV
   448. holder to qualify for the Age Pension.
   449. On that understanding, on 19 March 2025, the Australian Government made an
   450. Interpretative Declaration to clarify Australia’s interpretation of Article 5(1) of the
   451. Agreement.
   452. The Interpretative Declaration is a unilateral document and does not purport to modify
   453. either Party’s obligations under the Agreement. It only acts to clarify Australia’s
   454. understanding of our existing obligations under the Agreement, consistent with
   455. longstanding Australian policy and practice.
   456. Should the New Zealand Government approve of Australia’s Interpretative Declaration
   457. we would be grateful confirmation via diplomatic note that the attached Interpretative
   458. Declaration will be considered by New Zealand as an authoritative interpretation of
   459. Article 5(1) of the Agreement.
   460. Should your officials have any queries or wish to discuss, the relevant point of contact
   461. for this matter at the Department of Social Services is Residency
   462. and International Payments, internationalpolicy@dss.gov.au
   463. The Australian High Commission avails itself of this opportunity to renew to the
   464. Ministry of Foreign Affairs and Trade the assurances of its highest consideration.
   465. Wellington
   466. 16 April 2025
   467. Encl. Interpretative Declaration.
   468. New Zealand note in reply
   469. NOTE NO: NZHC/2025/036
   470. The New Zealand High Commission presents its compliments to the Australian Department of Foreign Affairs and Trade has the honour to refer to the Australian Hig
   471. The New Zealand High Commission to Australia has the honour to confirm the Government of New Zealand approves of Australia’s Interpretative Declaration in its e
   472. The New Zealand High Commission takes this opportunity to renew to the Australian Department of Foreign Affairs and Trade the assurances of its highest consider
   473. New Zealand High Commission
   474. CANBERRA
   475. 16 September 2025
   476. Enc
7. Schedule 4 · Canada
   1. Note See section 5.
   2. AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF CANADA
   3. THE GOVERNMENT OF AUSTRALIA AND
   4. THE GOVERNMENT OF CANADA,
   5. WISHING to strengthen the existing friendly relations between the two countries,
   6. NOTING the Reciprocal Agreement on Social Security signed on the fourth day of July 1988, as amended by a Protocol signed the eleventh day of October 1990, and
   7. ACKNOWLEDGING the need to reflect, by means of a consolidated document, the changes which have taken place in their respective legislation since that Agreement
   8. HAVE AGREED AS FOLLOWS:
   9. PART 1 – INTERPRETATION AND SCOPE
   10. ARTICLE 1
   11. Interpretation
   12. 1. In this Agreement:
   13. “benefit” means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any addition
   14. “Canadian creditable period” means a period, or the total of two or more periods, of residence or contributions which has been or can be used to acquire the rig
   15. “carer payment” means a carer payment payable under the legislation of Australia to the partner of a person in receipt of an Australian pension;
   16. “competent authority” means, in relation to Australia, the Secretary to the Department of Family and Community Services and, in relation to Canada, the Minister
   17. “competent institution” means, in relation to Australia, the institution responsible for the administration of the legislation of Australia and, in relation to
   18. “disability support pension” means a disability support pension payable under the legislation of Australia to a person who is severely disabled;
   19. “legislation” means, in relation to a Party, the laws specified in Article 2 in relation to that Party;
   20. “partner” when used in relation to the grant, payment or calculation of rate of an Australian benefit, means partner as defined in the legislation of Australia.
   21. “period of Australian working life residence” means, in relation to a person, a period defined as such in the legislation of Australia, but does not include any
   22. “previous agreement” means the Reciprocal Agreement on Social Security between the Government of Canada and the Government of Australia signed on the fourth day
   23. “social security laws” means:
   24. (i) in relation to Australia, the Acts forming the social security law, including regulations made thereunder, as amended; and
   25. (ii) in relation to Canada, the laws specified in subparagraph 1 (b) of Article 2;
   26. “widowed person” means, in relation to Australia, a person who stops being a partnered person because of the death of the person’s partner, but does not include
   27. 2. In the application by a Party of this Agreement to a person, any term not defined in this Article shall, unless the context otherwise requires, have the mean
   28. ARTICLE 2
   29. Legislative Scope
   30. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
   31. (a) in relation to Australia, the Acts and regulations forming the social security law to the extent they provide for and apply to:
   32. (i) age pensions;
   33. (ii) disability support pensions;
   34. (iii) carer payments;
   35. (iv) pensions payable to widowed persons; and
   36. (v) additional child amount payable to persons in receipt of the above benefits; and
   37. (b) in relation to Canada:
   38. (i) the Old Age Security Act and the regulations made thereunder; and
   39. (ii) the Canada Pension Plan and the regulations made thereunder.
   40. 2. In relation to Australia, the legislation to which this Agreement applies shall not include any laws made, whether before or after the date of signature of t
   41. 3. This Agreement shall apply to laws of a Party which extend the existing legislation of that Party to new categories of beneficiaries unless the competent aut
   42. 4. Where, under the legislation of Australia, a new category of beneficiaries has arisen as described in paragraph 3, no qualification for benefits in that cate
   43. ARTICLE 3
   44. Personal Scope
   45. This Agreement shall apply to any person who:
   46. (a) is or has been an Australian resident; or
   47. (b) is residing or has resided in Canada within the meaning of the Old Age Security Act or is making or has made contributions pursuant to the Canada Pension Pl
   48. and, where applicable, to any partner, spouse, common-law partner, dependent or survivor of such a person.
   49. ARTICLE 4
   50. Equality of Treatment
   51. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whethe
   52. PART II – PROVISIONS RELATING TO AUSTRALIAN BENEFITS
   53. ARTICLE 5
   54. Residence or Presence in Canada or a Third State
   55. 1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian
   56. (a) is an Australian resident or residing in Canada or a third State with which Australia has concluded an agreement on social security that includes provision
   57. (b) is in Australia, Canada or that third State
   58. that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
   59. 2. Paragraph 1 shall not apply to a claimant for a benefit who has never been an Australian resident.
   60. ARTICLE 6
   61. Totalisation for Australian Benefits
   62. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
   63. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, for a benefit under the legislation of Aust
   64. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 6 for that person,
   65. and has accumulated a Canadian creditable period, then for the purposes of a claim for that Australian benefit, that Canadian creditable period shall be deemed,
   66. 2. In the case of a claim by a person for a disability support pension or pension payable to a widowed person, paragraph 1 shall apply only to a Canadian credit
   67. 3. For the purposes of a claim by a person for a pension payable to a widowed person, that person shall be deemed to have accumulated a Canadian creditable peri
   68. 4. For the purposes of paragraph 1, where a person:
   69. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
   70. (b) has accumulated a Canadian creditable period in two or more separate periods that exceed in total the minimum period referred to in subparagraph (a),
   71. the total of the Canadian creditable periods shall be deemed to be one continuous period.
   72. 5. For the purposes of this Article:
   73. (a) where a period of Australian working life residence and a Canadian creditable period coincide, the period of coincidence shall be taken into account once on
   74. (b) a Canadian creditable period accumulated under the Old Age Security Act which coincides with a Canadian creditable period accumulated under the Canada Pensi
   75. 6. The minimum period to be taken into account for the purposes of subparagraph 1(b) shall be, for a person who is residing outside Australia, a minimum period
   76. ARTICLE 7
   77. Calculation of Australian Benefits
   78. 1. Subject to paragraph 2, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside Australia, the rat
   79. (a) disregarding in the calculation of his or her income:
   80. (i) the guaranteed income supplement under the Old Age Security Act;
   81. (ii) the portion of the allowance under that Act equivalent to the guaranteed income supplement; and
   82. (iii) other Canadian federal, provincial or territorial welfare payments of a similar character which are income or means tested, as mutually agreed by the comp
   83. (b) by assessing as income of that person and, where applicable that person’s partner, only a proportion of any other benefit received by that person and, where
   84. 2. A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in subparagraph 1(b) for any period dur
   85. 3. Where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by:
   86. (a) calculating that person’s income according to the Australian legislation but disregarding in that calculation any Canadian benefit to which the person or th
   87. (b) deducting that Canadian benefit from the maximum rate of that Australian benefit; and
   88. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the Australian legislation, using as the person’s
   89. 4. Where the rate of a benefit calculated in accordance with paragraph 3 is less than the rate of that benefit which would be payable under paragraph 1 if the p
   90. 5. For the purposes of paragraph 4, a comparison of the rates of a benefit determined in accordance with paragraphs 1, 2 and 3 shall be made as at:
   91. (a) the date of the first pension pay-day occurring after the date on which the claim for the benefit was lodged; and
   92. (b) each anniversary of that pension pay-day for so long as the person concerned is entitled to the benefit, using, in that comparison, the number of months in
   93. 6. For the purposes of paragraph 3, where one or the other, or both, of a person and his or her partner are entitled to receive a Canadian benefit, the total of
   94. ARTICLE 8
   95. Recovery of Debts
   96. 1. Where:
   97. (a) the competent authority of Canada pays a benefit to a person in respect of a past period;
   98. (b) for all or part of that period, the competent institution of Australia has paid to that person a benefit under the legislation of Australia; and
   99. (c) the amount of the Australian benefit would have been varied had the Canadian benefit been paid during that period,
   100. then
   101. (d) the amount that would not have been paid by the competent institution of Australia had the Canadian benefit been paid on a periodical basis from the date to
   102. (e) the competent institution of Australia may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit to that pe
   103. 2. In paragraph 1, “benefit” means, in relation to Australia, a pension, benefit or allowance that is payable under the social security laws of Australia.
   104. PART III – PROVISIONS RELATING TO CANADIAN BENEFITS
   105. ARTICLE 9
   106. Totalisation for Canadian Benefits
   107. 1. Subject to paragraph 3, if a person is not eligible for a benefit on the basis of his or her Canadian creditable periods, eligibility of that person for that
   108. 2. (a) For the purposes of determining eligibility for a benefit under the Old Age Security Act, a period of Australian working life residence shall be consider
   109. (b) For the purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year which includes a period of Australian working life
   110. 3. For the purposes of this Article, where a Canadian creditable period and a period of Australian working life residence coincide, the period of coincidence sh
   111. ARTICLE 10
   112. Benefits under the Old Age Security Act
   113. 1. If a person is eligible for a pension or an allowance solely through the application of the totalising provisions of Article 9, the competent institution of
   114. 2. Paragraph 1 shall also apply to a person outside Canada who would be entitled to the payment of a full pension in Canada but who has not resided in Canada fo
   115. 3. Notwithstanding any other provision of this Agreement:
   116. (a) the competent authority of Canada shall not pay a pension under the Old Age Security Act to a person outside Canada unless his or her Canadian creditable pe
   117. (b) an allowance and a guaranteed income supplement shall be paid to a person who is outside Canada only to the extent permitted by the Old Age Security Act.
   118. ARTICLE 11
   119. Benefits under the Canada Pension Plan
   120. 1. If a person is not eligible for a benefit solely on the basis of the periods creditable under the Canada Pension Plan, but is eligible for that benefit throu
   121. 2. The amount of the flat-rate portion of the benefit payable by virtue of this Agreement shall, in a case referred to in paragraph 1, be determined by multiply
   122. (a) the amount of the flat-rate portion of the benefit determined under the Canada Pension Plan
   123. by
   124. (b) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required und
   125. but in no case shall that fraction exceed the value of one.
   126. PART IV – MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
   127. ARTICLE 12
   128. Lodgement of Documents
   129. 1. The date on which a claim, notice or appeal concerning the determination or payment of a benefit under the legislation of one Party is lodged with the compet
   130. 2. In relation to Australia, the reference in paragraph 1 to an appeal document is a reference to a document concerning an appeal that may be made to an adminis
   131. ARTICLE 13
   132. Export of Benefits
   133. 1. Unless otherwise provided in this Agreement, the benefits payable to a person under the legislation of one Party shall also be payable to that person when he
   134. 2. Where the legislation of a Party provides that a benefit is payable to a person who is outside the territory of that Party, then that benefit, when payable b
   135. 3. Where qualification for an Australian benefit is subject to limitations as to time, reference to Australia in those limitations shall be read also as referen
   136. 4. The rights under this Article shall not apply to any rent assistance, pharmaceutical allowance or telephone allowance paid by Australia.
   137. 5. A benefit payable by a Party by virtue of this Agreement or under its legislation shall be paid by that Party without deduction of administrative fees and ch
   138. 6. If a person is receiving a carer payment under this Agreement, references to Australia in the provisions relating to qualification and payability of carer pa
   139. ARTICLE 14
   140. Exchange of Information and Mutual Assistance
   141. 1. The competent authorities and competent institutions shall:
   142. (a) notify each other of laws affecting the application of this Agreement that amend, supplement or replace the social security laws of their respective Parties
   143. (b) unless prohibited by law, communicate to each other any information necessary for the application of this Agreement or of the respective social security law
   144. (c) lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement or any other e
   145. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parti
   146. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the competent authorities and/or compe
   147. 3. Any information about a person which is transmitted in accordance with this Agreement to a competent authority or competent institution shall be protected in
   148. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the competent authority or competent institution of a Party the obligat
   149. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
   150. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administrative practice of that or the other Party.
   151. ARTICLE 15
   152. Administrative Arrangements
   153. The competent authorities of the Parties shall make whatever administrative arrangements are necessary from time to time to implement this Agreement.
   154. ARTICLE 16
   155. Language of Communication
   156. In the application of this Agreement, the competent authority or competent institution of a Party may communicate directly with the other competent authority or
   157. ARTICLE 17
   158. Understandings with a Province of Canada
   159. 1. The relevant authority of Australia and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction
   160. 2. If the relevant authority of Australia and a province of Canada conclude such an understanding, then any references in the legislation of Australia to a sche
   161. ARTICLE 18
   162. Resolution of Disputes
   163. 1. The competent authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accor
   164. 2. The Parties shall consult promptly at the request of either concerning matters which have not been resolved by the competent authorities in accordance with p
   165. 3. Any dispute between the Parties concerning the interpretation of this Agreement which has not been resolved or settled by consultation in accordance with par
   166. 4. Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one and the two a
   167. 5. The arbitrators shall determine their own procedures.
   168. 6. The decision of the arbitrators shall be final and binding.
   169. ARTICLE 19
   170. Review of Agreement
   171. Where a Party requests the other to meet to review this Agreement, representatives of the Parties shall meet no later than 6 months after that request was made
   172. PART V – FINAL PROVISIONS
   173. ARTICLE 20
   174. Transitional Provisions
   175. 1. Subject to this Agreement, in determining the eligibility of a person for a benefit payable by virtue of this Agreement:
   176. (a) a period as an Australian resident and/or a Canadian creditable period; and
   177. (b) any event or fact which is relevant to that eligibility
   178. shall be taken into account in so far as those periods or those events are applicable in regard to that person, no matter when they were accumulated or occurred
   179. 2. Subject to paragraphs 4 and 6, the start date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legisla
   180. 3. Subject to this Agreement, when this Agreement comes into force, the previous agreement shall terminate and persons who were receiving benefits by virtue of
   181. 4. When a person, due to the operation of paragraph 3 of this Article, receives a carer payment in Australia by virtue of this Agreement, the rate of that carer
   182. 5. Where, on the date on which this Agreement enters into force, a person:
   183. (a) is in receipt of a benefit under the legislation of either Party by virtue of the previous agreement; or
   184. (b) is qualified to receive a benefit referred to in subparagraph (a) and, where a claim for that benefit is required, has claimed that benefit,
   185. no provision of this Agreement shall affect that person’s qualification to receive that benefit.
   186. 6. An Australian benefit that is payable only by virtue of the previous agreement to a person who:
   187. (a) was an Australian resident on 8 May 1985; and
   188. (b) commenced to receive that benefit before 1 January 1996
   189. shall be paid, during any absence of that person from Australia that commenced before 1 January 1996, at a rate calculated in accordance with paragraphs 3 and 4
   190. 7. Where, after the entry into force of this Agreement, a person:
   191. (a) applies for a benefit under the legislation of Canada; and
   192. (b) would have been eligible for that benefit under the provisions of the previous agreement, with a commencement date determined in accordance with the legisla
   193. the competent institution of Canada shall pay that benefit to that person with effect from that commencement date. This shall also be the case in regard to an a
   194. 8. A death benefit under the Canada Pension Plan shall not be paid by virtue of this Agreement in respect of a death which occurred before the date of entry int
   195. ARTICLE 21
   196. Period of Duration and Termination
   197. 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other wr
   198. 2. In the event that this Agreement is terminated in accordance with paragraph 1, the Agreement shall continue to have effect in relation to all persons who by
   199. (a) at the date of termination, are in receipt of benefits; or
   200. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits.
   201. ARTICLE 22
   202. Entry Into Force
   203. This Agreement shall enter into force on a date specified in notes exchanged by the Parties through the diplomatic channel notifying each other that all matters
   204. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
   205. DONE in two copies at Ottawa this 26th day of July 2001 in the English and French languages, each text being equally authoritative.
   206. FOR THE GOVERNMENT FOR THE GOVERNMENT
   207. OF AUSTRALIA OF CANADA
   208. Frances Lisson Paul Migus
   209. [Signatures omitted]
8. Schedule 5 · Spain
   1. Note See section 5.
   2. AGREEMENT BETWEEN AUSTRALIA AND SPAIN ON SOCIAL SECURITY
   3. The Government of Australia and the Government of the Kingdom of Spain (hereinafter “the Parties”),
   4. Wishing to strengthen the existing friendly relations between the two countries,
   5. Considering it appropriate to review and replace the Agreement between Spain and Australia on Social Security signed on 10 February 1990 in order to incorporate
   6. Acknowledging the need to coordinate further the operation of their respective social security systems so as to ensure access by people who move between Austral
   7. Have agreed as follows:
   8. PART I - GENERAL PROVISIONS
   9. ARTICLE 1
   10. Definitions
   11. 1. In this Agreement, unless the context otherwise requires:
   12. “benefit” means in relation to a Party, a benefit for which provision is made in the legislation of that Party, and includes any additional amount, increase or
   13. “carer payment” as a benefit under this Agreement means a carer payment for a person in Spain who is caring for a partner who is in receipt of an Australian age
   14. “Competent Authority” means, in relation to Australia, the Secretary to the Department responsible for the legislation in sub-paragraph 1(a) of Article 2, and,
   15. “Competent Institution” means, in relation to Australia, the institution or agency responsible for the administration of the legislation of Australia and, in re
   16. “legislation” means, in relation to Australia, the laws specified in subparagraph 1(a) of Article 2 and in relation to Spain, the laws specified in subparagraph
   17. “period of Australian working life residence”, in relation to a person, means a period defined as such in the legislation of Australia, but does not include any
   18. “Spanish creditable period” means the period defined as such in the legislation of Spain as well as any period considered as such under that legislation as an e
   19. “spouse”, in relation to Australia, means a partner;
   20. “widowed person” means, in relation to Australia, a de jure widow or widower but does not include a widow or widower who has a partner.
   21. 2. In the application of this Agreement by a Party, any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning which
   22. ARTICLE 2
   23. Legislative Scope
   24. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
   25. (a) in relation to Australia:
   26. the Acts forming the social security law in so far as the law provides for and in relation to the following benefits:
   27. (i) age pension;
   28. (ii) disability support pension for the severely disabled;
   29. (iii) wife pension;
   30. (iv) carer payment;
   31. (v) pensions payable to widowed persons;
   32. (vi) double orphan pension;
   33. (vii) additional child amount; and
   34. (b) in relation to Spain:
   35. the legislation concerning the social security system in as far as it concerns the following benefits:
   36. (i) cash benefits for temporary incapacity for work in cases of ordinary illness, or non-work related accident;
   37. (ii) cash benefits for maternity and risk during pregnancy;
   38. (iii) benefits for permanent incapacity for ordinary illness and non-work related accident, retirement, death and survivorship;
   39. (iv) family benefits for a dependent child;
   40. (v) unemployment benefits; and
   41. (vi) work accidents and occupational diseases.
   42. 2. Notwithstanding the provisions of paragraph 1 the legislation of Australia shall not include any laws made, whether before or after the date of signature of
   43. ARTICLE 3
   44. Personal Scope
   45. This Agreement shall apply to any person who:
   46. (a) is or has been an Australian resident, or
   47. (b) is or has been subject to the legislation of Spain,
   48. and where applicable, to any spouse, dependant or survivor of such a person.
   49. ARTICLE 4
   50. Equality of Treatment
   51. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whethe
   52. ARTICLE 5
   53. Portability of benefits
   54. 1. Subject to paragraph 4, benefits of one Party when payable under this Agreement will be paid in the other Party.
   55. 2. Where the legislation of a Party provides or allows that a benefit is payable outside Australia or Spain, as the case may be, then that benefit, when payable
   56. 3. Where qualification for a benefit of one Party is subject to limitations as to time, then references to that Party in those limitations shall be read also as
   57. 4. Temporary incapacity, maternity and risk during pregnancy benefits, unemployment benefits and non-contributory benefits of the Spanish social security system
   58. 5. Where a double orphan pension would be payable to a person under the legislation of Australia, in respect of a young person whose sole surviving parent died
   59. PART II
   60. PROVISIONS OF SPANISH APPLICABLE LEGISLATION
   61. ARTICLE 6
   62. Application of Spanish Legislation
   63. 1. Where an employee or a self-employed worker who is covered by the social security schemes of Spain is sent by his firm, or goes, to undertake temporary work
   64. 2. If, owing to unforseen circumstances, the period of the work extends beyond 5 years, this extension may be recognised by the Competent Authority of Spain.
   65. PART III - PROVISIONS RELATING TO AUSTRALIAN BENEFITS
   66. ARTICLE 7
   67. Residence or Presence in Spain or a Third State
   68. 1. Where a person would be qualified for a benefit under the legislation of Australia or under this Agreement except for not being an Australian resident and in
   69. (a) is an Australian resident or residing in Spain or a third country with which Australia has implemented an agreement that includes provision for cooperation
   70. (b) is in Australia, Spain or that third country,
   71. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
   72. 2. The requirement for a person to have been an Australian resident at some time shall not apply to a person who claims double orphan pension.
   73. ARTICLE 8
   74. Partner-related Australian Benefits
   75. 1. For the purposes of this Agreement, a person who receives an Australian wife pension due to the fact that the partner of that person receives by virtue of th
   76. 2. If a person is receiving a carer payment under this Agreement, references to Australia in the provisions relating to qualification for and payability of care
   77. ARTICLE 9
   78. Totalisation for Australia
   79. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
   80. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
   81. (b) a period of Australian working life residence equal to or greater than the minimum period identified for that person in accordance with paragraph 4; and
   82. (c) a Spanish creditable period,
   83. then that Spanish creditable period shall be deemed to be a period in which that person was an Australian resident
   84. - only if that Spanish creditable period is considered by Spain to continue to be a Spanish creditable period at the time of totalisation; and
   85. - only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.
   86. 2. For the purposes of paragraph 1, where a person:
   87. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
   88. (b) has accumulated a Spanish creditable period in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (
   89. the total of the Spanish creditable periods shall be deemed to be one continuous period.
   90. 3. For all purposes of this Article, where a period by a person as an Australian resident and a Spanish creditable period accumulated by that person coincide, t
   91. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
   92. (a) for the purposes of an Australian benefit payable to a person residing outside Australia, the minimum period required shall be one year, of which at least s
   93. (b) for the purposes of an Australian benefit payable to an Australian resident there shall be no minimum period of residence in Australia.
   94. ARTICLE 10
   95. Calculation of Australian Benefits
   96. 1. Subject to the provisions of this Article when an Australian benefit other than double orphan pension is payable under the Agreement to a person outside Aust
   97. (a) Australia shall disregard any income-tested:
   98. (i) Spanish supplement to the minimum contributory social security pension;
   99. (ii) Spanish family payment for dependent children of pensioners;
   100. (iii) non-contributory benefits from the Spanish social security system; and
   101. (b) only a proportion of any other Spanish benefit shall be assessed as income. That proportion shall be calculated by multiplying the number of whole months of
   102. 2. A person who is in receipt of an Australian benefit under the legislation of Australia, shall be entitled to the concessional assessment of income set out in
   103. 3. The provisions in paragraphs 1 and 2 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
   104. 4. Subject to the provisions of this Article, where an Australian benefit other than a double orphan pension is payable only by virtue of this Agreement to a pe
   105. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Spanish benefit that person is entitled
   106. (b) deducting the amount of that Spanish benefit which that person is entitled to receive from the maximum rate of that Australian benefit; and
   107. (c) applying to the Australian benefit remaining, after the application of sub-paragraph (b), the relevant rate calculation set out in the legislation of Austra
   108. 5. Where a member of a couple is, or both that person and his or her partner are entitled to a Spanish benefit or benefits, each of them shall be deemed, for th
   109. 6. The provisions in paragraph 4 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
   110. PART IV – APPLICATION OF SPANISH LEGISLATION
   111. ARTICLE 11
   112. Totalisation for Spain
   113. 1. Where this Agreement applies and there is a Spanish creditable period that is:
   114. (a) less than the period necessary to give a claimant entitlement to the benefit claimed under Spanish legislation; and
   115. (b) equal to or greater than the minimum period mentioned in paragraph 3 for that benefit,
   116. then any period of Australian working life residence by the contributor to whom that Spanish creditable period was credited shall be deemed to be a Spanish cred
   117. 2. For the purposes of this Article, where a Spanish creditable period and period of Australian working life residence coincide, the period of coincidence shall
   118. 3. For the purposes of paragraph 1, at least one day as a Spanish creditable period shall be required.
   119. 4. For the purposes of this Article the upper age limit for a woman, set in the definition of a period of Australian working life residence in the legislation o
   120. ARTICLE 12
   121. Benefits for temporary incapacity and maternity and risk during pregnancy
   122. For the granting of benefits for the temporary incapacity of a worker or maternity or risk during pregnancy of an employee, the totalisation of periods referred
   123. ARTICLE 13
   124. Retirement, permanent incapacity and survivors benefits
   125. 1. Entitlement by virtue of this Agreement to retirement, permanent incapacity and survivors benefits under the legislation of Spain shall be determined as foll
   126. (a) the Competent Institution shall determine, according to its own provisions, the amount of the benefit corresponding to the duration of the Spanish creditabl
   127. (b) the Competent Institution shall also examine the entitlement considering the provisions of Article 11. If, in application of it, entitlement to pension is o
   128. (i) the Competent Institution shall determine the theoretical benefit to which the claimant would be entitled as if all the Spanish creditable periods and/or Au
   129. (ii) the amount of the pension effectively due to the claimant, shall be that obtained after reducing the amount of the theoretical benefit to a pro-rata pensio
   130. (iii) in no case shall the sum of the Spanish creditable periods and the periods of Australian working life residence be taken to exceed the maximum period esta
   131. 2. Once the entitlement of the claimant has been established according to subparagraphs 1(a) and (b) the Competent Institution shall assign the most favourable
   132. ARTICLE 14
   133. Recognition of insurance periods in specific professions
   134. If the legislation of Spain provides that in the determination of entitlement to or the granting of certain benefits there is a requirement that the Spanish cre
   135. ARTICLE 15
   136. Determination of Regulating Base
   137. For the purposes of determining the regulating base to calculate benefits to which the provisions of sub-paragraph 1(b) of Article 13 apply, the Competent Insti
   138. ARTICLE 16
   139. Specific Conditions for Acknowledging Entitlement
   140. 1. If Spanish legislation conditions the granting of the benefits regulated under this Part to a person’s having been subject to that legislation at the time of
   141. The same principle will apply for determining entitlement to survivor pensions in order to take into account, if necessary, the resident or pensioner status of
   142. 2. If in order to determine entitlement to the Spanish benefit, Spanish legislation requires completion of creditable periods during a prescribed period of time
   143. 3. The reduction, suspension or withdrawal clauses provided for in Spanish legislation in the case of pensioners who engage in a working activity, will affect t
   144. ARTICLE 17
   145. Non-contributory benefits
   146. 1. Non-contributory benefits of Spain’s social security system shall be awarded to Australian nationals under the same conditions and with the same requirements
   147. 2. In awarding the non-contributory benefits referred to in paragraph 1, totalisation of periods of Australian working life residence under paragraph 1 of Artic
   148. ARTICLE 18
   149. Unemployment Benefits
   150. For the granting of unemployment benefits the totalisation of periods referred to in Article 11 shall, if necessary, be taken into account.
   151. ARTICLE 19
   152. Benefits for Accidents at Work and Occupational Diseases
   153. Benefits related to incapacity due to work-related accidents or occupational diseases according to Spanish legislation shall be paid by the Spanish Competent In
   154. ARTICLE 20
   155. Voluntary Insurance
   156. Persons to whom this Agreement applies shall be entitled to voluntary insurance under Spain’s Social Security system in accordance with Spanish domestic legisla
   157. PART V – COMMON PROVISIONS
   158. ARTICLE 21
   159. Family Benefits for a Dependent Child and Additional Child Amount
   160. 1. In applying its income test for additional child amount, Australia shall not take into account, as income, Spanish family benefits for a dependent child.
   161. 2. In applying its income test for family benefits for a dependent child, Spain shall not take into account, as income, Australian additional child amount.
   162. PART VI - MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
   163. ARTICLE 22
   164. Lodgement of Documents
   165. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in either Party in accordance with ad
   166. 2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent In
   167. 3. A claim for a benefit from one Party shall be considered as a claim for the corresponding benefit from the other Party so long as the claimant has indicated
   168. 4. In relation to Australia, the reference in paragraph 2 to an appeal document is a reference to a document concerning an appeal that may be made to an adminis
   169. ARTICLE 23
   170. Determination of Claims
   171. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
   172. (a) a period as an Australian resident and a Spanish creditable period; and
   173. (b) any event or fact which is relevant to that entitlement,
   174. shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they w
   175. 2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concer
   176. ARTICLE 24
   177. Recovery of overpayments
   178. 1. If:
   179. (a) the Competent Institution of one Party discovers (at the time of settlement or review of a benefit included in Article 2) that a person has been paid a high
   180. (b) the other Party has a provision to pay that person the arrears of the unpaid benefit in the form of a lump sum,
   181. the first Party may ask the other Party to withhold from those arrears the amount paid in excess of the amount to which the person was entitled and if such a re
   182. 2. For the purposes of paragraph 1, no distinction shall be made between benefits paid by virtue of totalisation of periods from the other Party and those paid
   183. 3. For Australia, where:
   184. (a) a benefit is paid or payable by Spain to a person in respect of a past period by virtue of this Agreement; and
   185. (b) for all or part of that period, Australia has paid to that person a pension, benefit, or allowance under its social security laws; and
   186. (c) the amount of the pension, benefit or allowance paid by Australia would have been reduced had the benefit paid or payable by Spain been paid during that per
   187. then
   188. (d) the amount that would not have been paid by Australia had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past per
   189. (e) Australia may determine that the amount or only part of that debt may be deducted from future payments of a pension, benefit or allowance payable by Austral
   190. ARTICLE 25
   191. Payment of Benefits
   192. 1. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to g
   193. 2. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party, whether the beneficiary is in Spain, Australia or a third country, with
   194. ARTICLE 26
   195. Exchange of Information and Mutual Assistance
   196. 1. The Competent Authorities shall:
   197. (a) communicate to each other any information necessary for the application of this Agreement;
   198. (b) notify each other of measures taken internally to implement this Agreement and its Administrative Arrangements; and
   199. (c) lend their good offices and technical and administrative cooperation to implement this Agreement.
   200. 2. The Competent Institutions of both Parties shall:
   201. (a) communicate to each other whatever information is necessary to implement this Agreement;
   202. (b) carry out medical examinations, verify facts and events from which the grant, review, suspension, cancellation or maintenance of their benefit entitlements
   203. (c) lend their good offices and technical and administrative cooperation to implement this Agreement.
   204. 3. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangements reached between the Competent Authorities and the Com
   205. 4. When the Competent Authority or Competent Institution of one of the Parties forwards personal data to the Competent Authority or Competent Institution of the
   206. 5. In no case shall the provisions of paragraphs 1, 2 and 4 be construed so as to impose on the Competent Authorities or Competent Institutions of a Party the o
   207. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
   208. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Party.
   209. 6. The Competent Authorities and the Competent Institutions may communicate with the other in English or Spanish.
   210. ARTICLE 27
   211. Administrative Arrangements
   212. 1. The Competent Authorities of the Parties shall make whatever administrative arrangements are necessary in order to implement this Agreement.
   213. 2. A Competent Authority of a Party may authorise a Competent Institution of that Party to sign any Administrative Arrangement made under this Agreement.
   214. ARTICLE 28
   215. Meetings and Review of Agreement
   216. 1. In order to examine and resolve problems which may arise in the application of the Agreement and the Administrative Arrangements, as referred to in Article 2
   217. 2. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose as soon as possible.
   218. PART VII - FINAL PROVISIONS
   219. ARTICLE 29
   220. Transitional Provisions
   221. A person who, at the date of entry into force of this Agreement:
   222. (a) receives a benefit under the Agreement signed on 10 February 1990; or
   223. (b) is qualified to receive a benefit referred to in subparagraph (a) and, where a claim for that benefit is required, has claimed that benefit:
   224. shall not receive less favourable treatment through the application of the provisions of this Agreement than he or she would have received under the provisions
   225. ARTICLE 30
   226. Entry into Force
   227. 1. This Agreement shall enter into force one month after an exchange of notes by the Parties through the diplomatic channel notifying each other that all consti
   228. 2. Subject to the provisions of Article 29 the Agreement between Australia and Spain on Social Security signed on 10 February 1990 shall terminate on entry into
   229. ARTICLE 31
   230. Duration of the Agreement
   231. 1. The Agreement shall remain in force indefinitely unless terminated by one of the Parties, and that termination shall take effect 12 months from the date of t
   232. 2. In the event that this Agreement is terminated in accordance with paragraph 1, this Agreement shall continue to have effect in relation to all persons who:
   233. (a) at the date of termination, are in receipt of benefits, or
   234. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits,
   235. by virtue of this Agreement or the Agreement signed on 10 February 1990.
   236. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
   237. DONE in 2 copies at MADRID this THIRTY-FIRST day of JANUARY, TWO THOUSAND AND TWO in the English and Spanish languages, both texts being equally authoritative.
   238. FOR THE GOVERNMENT OF AUSTRALIA Alexander Downer FOR THE GOVERNMENT OF SPAIN Josep Piqué i Camps
   239. [Signatures omitted]
9. Schedule 6 · Malta
   1. Note: See section 5.
   2. Agreement on Social Security
   3. Between
   4. the Government of Australia
   5. and
   6. the Government of Malta
   7. The Government of Australia and the Government of Malta (hereinafter “the Parties”),
   8. Wishing to strengthen the existing friendly relations between the two countries, Desiring to review the Agreement on Social Security between the Government of A
   9. Acknowledging the need to co-ordinate further the operation of their respective social security systems so far as to ensure access by people who move between Au
   10. Have agreed as follows:
   11. PART I – GENERAL PROVISIONS
   12. ARTICLE 1
   13. Interpretation
   14. 1. In this Agreement, unless the context otherwise requires:
   15. “applicable rate” means, in relation to Malta, the rate that would otherwise have been payable to a claimant had the number of totalised contributions been all
   16. “benefit” means, in relation to a Party, a benefit for which provision is made in the legislation of that Party, and includes any additional amount, increase or
   17. “Competent Authority” means, in relation to Australia, the Secretary of the Department responsible for the application of the legislation in subparagraph 1 (a)
   18. “Competent Institution” means, in relation to Australia the institution or agency which has the task of implementing the applicable Australian legislation and,
   19. “legislation” means, in relation to Australia, the laws specified in subparagraph 1 (a) of Article 2 and in relation to Malta, the laws specified in subparagrap
   20. “period of insurance” means, the period of contributions or any equivalent period which has been or can be used to acquire the right to a benefit under the legi
   21. “period of Australian working life residence”, in relation to a person, means a period defined as such in the legislation of Australia, but does not include any
   22. “previous Agreement” means the Agreement on Social Security between the Government of Australia and the Government of Malta signed on 15 August 1990;
   23. “territory” means, in relation to Australia, Australia as defined in the legislation of Australia and in relation to Malta, Malta as defined in the Constitution
   24. “widow” means, in relation to Australia, a de jure widow but does not include a woman who has a partner.
   25. 2. In the application by a Party of this Agreement any term not defined in it shall, unless the context otherwise requires, have the meaning which it has under
   26. ARTICLE 2
   27. Legislative Scope
   28. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
   29. (a) in relation to Australia: the Acts referred to as “the social security law” in the Social Security Act 1991, and any regulations made under any such Act in
   30. (i) age pension;
   31. (ii) disability support pension for the severely disabled; and
   32. (iii) pensions payable to widows; and
   33. (b) in relation to Malta: the Social Security Act (Cap 318) as it provides for, applies to or affects the following benefits:
   34. (i) contributory pensions in respect of retirement;
   35. (ii) contributory pensions in respect of invalidity;
   36. (iii) contributory pensions in respect of widowhood; and
   37. (iv) non-contributory assistance and pension.
   38. 2. Notwithstanding the provisions of paragraph 1(a) this Agreement shall apply to women who are receiving wife pension and who are wives of
   39. (a) persons receiving age pension; or
   40. (b) persons receiving disability support pension for the severely disabled.
   41. 3. Notwithstanding the provisions of paragraph 1 the legislation of either Party shall not include any other Agreement on social security entered into by either
   42. 4. This Agreement shall apply to laws which extend the legislation of either Party to new categories of beneficiaries only if the two Parties so agree in a Prot
   43. 5. In respect of non-contributory assistance and pensions payable under the legislation of Malta, a citizen of Australia shall have the same rights as a citizen
   44. ARTICLE 3
   45. Personal Scope
   46. This Agreement shall apply to any person who:
   47. (a) is or has been an Australian resident; or
   48. (b) is or has been an insured person under the legislation of Malta,
   49. and, where applicable, to other persons in regard to the rights they derive from the person described above.
   50. ARTICLE 4
   51. Equality of Treatment
   52. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whethe
   53. PART II – PROVISIONS RELATING TO AUSTRALIAN BENEFITS
   54. ARTICLE 5
   55. Residence or Presence in Malta or a Third State
   56. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian res
   57. (a) is an Australian resident or residing in the territory of Malta or a third State with which Australia has implemented an agreement on social security that i
   58. (b) is in Australia, or the territory of Malta or that third State,
   59. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
   60. ARTICLE 6
   61. Partner Related Australian Benefits
   62. For the purposes of this Agreement, a person who receives an Australian wife pension due to the fact that the partner of that person receives, by virtue of this
   63. ARTICLE 7
   64. Totalisation for Australia
   65. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
   66. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
   67. (b) a period of Australian working life residence equal to or greater than the minimum period identified in accordance with paragraph 4; and
   68. (c) a period of insurance in Malta,
   69. then that period of insurance shall be deemed, to be a period in which that person was an Australian resident
   70. - only if that Maltese period of insurance is considered by Malta to continue to be a Maltese period of insurance at the time of totalisation; and
   71. - only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.
   72. 2. For the purposes of paragraph 1, where a person:
   73. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for the en
   74. (b) has accumulated a period of insurance in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a),
   75. the total of the periods of insurance shall be deemed to be one continuous period.
   76. 3. For all purposes of this Article, where a period by a person as an Australian resident and a period of insurance coincide, the period of coincidence shall be
   77. 4. The minimum period of Australian working life residence which a person must have accumulated before paragraph 1 applies shall be as follows:
   78. (a) for the purpose of an Australian benefit claimed by a person residing outside Australia, the minimum period required shall be one year, of which at least 6
   79. (b) for the purposes of an Australian benefit claimed by an Australian resident, no minimum period shall be required.
   80. 5. For the purposes of a claim by a person for a pension payable to a widow, that person shall be deemed to have accumulated a period of insurance for any perio
   81. 6. Where a person receives in Malta a contributory pension in respect of retirement by virtue of this Agreement, Australia shall, for the purposes of this Artic
   82. ARTICLE 8
   83. Calculation of Australian Benefits
   84. 1. Subject to paragraph 2, where an Australian benefit is payable, whether by virtue of this Agreement or otherwise, to a person who is outside Australia the ra
   85. 2. A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during
   86. 3. The provisions in paragraph 1 and 2 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
   87. 4. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise to a person who is resident in the territory of Malta, Australia sha
   88. 5. Subject to paragraph 6, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit sha
   89. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Maltese benefit received by that person;
   90. (b) deducting the amount of the Maltese benefit received by that person from the maximum rate of that Australian benefit; and
   91. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
   92. 6. Where a married person is, or both that person and his or her partner are, in receipt of a Maltese benefit or benefits, each of them shall be deemed, for the
   93. 7. The provisions in paragraph 5 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
   94. PART III – PROVISIONS RELATING TO MALTESE BENEFITS
   95. ARTICLE 9
   96. Totalisation for Malta
   97. 1. Where this Agreement applies and there is a period of insurance that is:
   98. (a) less than the period necessary to give a claimant entitlement to the benefit claimed under the legislation of Malta; and
   99. (b) equal to or greater than the minimum period mentioned in paragraph 3 for that benefit,
   100. then any period of Australian working life residence by the contributor to whom that period of insurance was credited shall be deemed to be a period of insuranc
   101. 2. For the purposes of this Article, where a period of insurance and a period of Australian working life residence coincide, the period of coincidence shall be
   102. 3. The minimum period of insurance to be taken into consideration for purposes of paragraph 1 shall be 52 paid contributions. However, subject to paragraph 5, w
   103. 4. The provisions of this Article shall not apply in the case of a Two-Thirds Pension (Retirement) or a Survivor’s Pension (Widowhood) unless:
   104. (a) in the case of a Two-Thirds Pension, the person concerned has paid at least 156 contributions under the legislation of Malta after the 22nd January, 1979; a
   105. (b) in the case of a Survivor’s Pension, the husband of the widow concerned has paid at least 156 contributions under the legislation of Malta after the 22nd Ja
   106. 5. For the purposes of a claim by a person for a contributory widow’s pension the contributor, provided the contributor meets the requirements of subparagraph 1
   107. ARTICLE 10
   108. Calculation of Maltese Benefits
   109. 1. Where Malta pays non-contributory assistance or pension by virtue of this Agreement, the rate of that benefit shall be determined according to the legislatio
   110. 2. Where a contributory benefit is payable by Malta to a claimant by virtue of this Agreement the rate of that benefit shall be calculated as follows:
   111. (a) in the case of a pension in respect of retirement other than a Two-Thirds Pension, by multiplying the applicable rate of that pension attributable to the cl
   112. (b) in the case of a Two-Thirds Pension, the rate of that pension shall be calculated according to the following formula:
   113. but that pension shall not be payable if the formula
   114. gives a result that is less than 15
   115. where:
   116. P.I. = the claimant’s pensionable income or re-assessed pensionable income (as the case may be) according to the legislation of Malta;
   117. C1 = the number of reckonable contributions (not exceeding 1000) during any period prior to the last 10 calendar years immediately before retirement;
   118. C2 = the number of reckonable contributions (not exceeding 500) within the last 10 calendar years immediately before retirement;
   119. T1 = the number of totalised contributions (not exceeding 1000) aggregated under Article 9 during any period prior to the last 10 calendar years immediately bef
   120. T2 = the number of totalised contributions (not exceeding 500) aggregated under Article 9 within the last 10 calendar years immediately before retirement; and
   121. Y = the number of reckonable years (not exceeding 20) prior to the last 10 calendar years immediately before retirement.
   122. (c) in the case of a pension in respect of invalidity, by multiplying the applicable rate of that pension attributable to the claimant by the number of reckonab
   123. (d) in the case of a pension in respect of widowhood other than a Survivor’s Pension by multiplying the applicable rate of that pension attributable to the clai
   124. (e) in the case of Survivor’s Pension at 5/6 of the rate of pension arrived at in accordance with the provisions of paragraph 2(b).
   125. 3. Any statutory pension additional rates that are applicable to certain benefits covered by this Agreement that are payable under the legislation of Malta, pay
   126. 4. Where Malta pays a Maltese benefit to a person only by virtue of the Agreement it shall deduct any statutory pension deductions that would be deducted if tho
   127. 5. Any pension arrived at in accordance with paragraphs 2, 3 and 4 shall be rounded up to the nearest whole cent.
   128. 6. In this Article ‘reckonable contribution’ and ‘reckonable year’ shall have the meanings given to them in the legislation of Malta.
   129. PART IV – MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
   130. ARTICLE 11
   131. Lodgement of Documents
   132. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Party in a
   133. 2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent In
   134. 3. In relation to Australia, the reference in paragraph 2 to an appeal document is a reference to a document concerning an appeal that may be made to an adminis
   135. 4. In relation to Malta, the reference in paragraph 2 to an appeal document is a reference to a document concerning an appeal that may be made to the Umpire for
   136. ARTICLE 12
   137. Determination of Claims
   138. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
   139. (a) a period as an Australian resident and a period of insurance; and
   140. (b) any event or fact which is relevant to that entitlement,
   141. shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they w
   142. 2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concer
   143. 3. Where:
   144. (a) a benefit is paid or payable by a Party to a person in respect of a past period
   145. (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and
   146. (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid or payable by the first Party been paid during that period;
   147. then
   148. (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid throughout that past period shall be a d
   149. (e) the other Party may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit payable by that Party to that per
   150. 4. Where the first Party has not yet paid the arrears of benefit described in subparagraph 3(a) to the person:
   151. (a) that Party shall, at the request of the other Party, pay the amount of the debt described in subparagraph 3(d) to the other Party and shall pay any excess t
   152. (b) any shortfall in those arrears may be recovered by the other Party under subparagraph 3(e).
   153. 5. The Competent Institution receiving a request under paragraph 4 shall take the action set out in an Administrative Arrangement made pursuant to Article 15, t
   154. 6. A reference in paragraph 3 and 4 to a benefit, in relation to Australia, means a pension, benefit or allowance that is payable under the social security laws
   155. ARTICLE 13
   156. Payment of Benefits
   157. 1. Subject to paragraphs 3 and 4, the benefits payable under the legislation of a Party or by virtue of this Agreement are also payable in the territory of the
   158. 2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Ag
   159. 3. Notwithstanding any provision of this Agreement, non-contributory assistance and pension specified in subparagraph 1(b)(iv) of Article 2 shall not be paid ou
   160. 4. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement shall be payable outsid
   161. 5. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to p
   162. 6. A party that imposes restrictions described in paragraph 5 shall inform the other Party of those restrictions within one calendar month of their imposition a
   163. 7. A benefit payable by a Party by virtue of this Agreement to a person outside the territory of that Party shall be paid without deduction for government admin
   164. 8. The payment outside Australia of an Australian benefit that is payable by virtue of this Agreement shall not be restricted by those provisions of the legisla
   165. ARTICLE 14
   166. Exchange of Information and Mutual Assistance
   167. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement:
   168. (a) shall communicate to each other any information necessary for the application of this Agreement or of the Social Security laws of the Parties;
   169. (b) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement or the l
   170. (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about change
   171. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parti
   172. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any Administrative Arrangement made pursuant to Article 15.
   173. 3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Comp
   174. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligat
   175. (a) to carry out administrative measures at variance with the laws or administrative practice of the Party or the other Party; or
   176. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that Party or the other Party.
   177. 5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other in the official languag
   178. ARTICLE 15
   179. Administrative Arrangement
   180. The Competent Authorities of the Parties shall make whatever Administrative Arrangement is necessary from time to time in order to implement this Agreement.
   181. ARTICLE 16
   182. Resolution of Difficulties
   183. 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which may arise in interpreting or applying this Agreement a
   184. 2. The Parties shall consult promptly at the request of either Party concerning matters which have been resolved by the Competent Authorities in accordance with
   185. 3. Any dispute between the Parties concerning the interpretation of this Agreement which has not been resolved or settled by consultation in accordance with par
   186. 4. Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one and the two a
   187. 5. The arbitrators shall determine their own procedures.
   188. 6. The decision of the arbitrators shall be final and binding.
   189. 7. Unless the Parties otherwise agree, the place of arbitration shall be in the territory of the Party which did not raise the matter in dispute.
   190. ARTICLE 17
   191. Review of Agreement
   192. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than 6 months after request was made and, un
   193. PART V – TRANSITIONAL AND FINAL PROVISIONS
   194. ARTICLE 18
   195. Transitional Provisions
   196. 1. Subject to this Agreement, when this Agreement comes into force, the previous agreement shall terminate and persons who were receiving benefits by virtue of
   197. 2. Where, on the date on which this Agreement enters into force, a person:
   198. (a) is in receipt of a benefit by virtue of the previous Agreement; or
   199. (b) is qualified to receive a benefit referred to in subparagraph (a) and, where a claim for that benefit is required, has claimed that benefit,
   200. no provision of this Agreement shall affect that person’s qualification to receive that benefit.
   201. ARTICLE 19
   202. Entry into Force
   203. This Agreement shall enter into force on the first day of the month after the exchange of notes by the Parties through the diplomatic channel that all constitut
   204. ARTICLE 20
   205. Termination
   206. 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a
   207. 2. In the event of termination, this Agreement shall continue to have effect in relation to all persons who by virtue of this Agreement:
   208. (a) at the date of termination, are in receipt of benefits; or
   209. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits.
   210. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
   211. DONE in 2 copies at Malta this 16th day of June TWO THOUSAND AND FOUR in the English language.
   212. His Excellency Mr R Palk Mr Joseph Ebejer
   213. FOR THE GOVERNMENT OF FOR THE AUSTRALIA: GOVERNMENT OF MALTA:
   214. [Signatures omitted]
10. Schedule 7 · Netherlands
    1. Note: See section 5.
    2. AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS ON SOCIAL SECURITY
    3. The Government of Australia and the Government of the Kingdom of the Netherlands,
    4. Wishing to strengthen the existing friendly relations between their two countries,
    5. Resolved to continue the cooperation in the field of social security, and
    6. Wishing to extend and modify the Agreement between Australia and the Kingdom of the Netherlands on Social Security of 4 January 1991 (the 1991 Agreement);
    7. Have agreed as follows:
    8. PART I GENERAL PROVISIONS
    9. ARTICLE 1
    10. Definitions
    11. 1. In this Agreement, unless the context otherwise requires:
    12. “benefit” means in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any additiona
    13. “Competent Authority” means, in relation to Australia: the Secretary to the Commonwealth Department responsible for the legislation specified in subparagraph 1(
    14. “Competent Institution” means, in relation to Australia: the institution which has the task of implementing the applicable Australian legislation and in relatio
    15. “legislation” means, in relation to Australia, the laws specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II, Section
    16. “period of insurance” means a period defined as such in the legislation of the Netherlands;
    17. “period of Australian working life residence”, in relation to a person, means a period defined as such in the legislation of Australia, but does not include any
    18. “territory”, means, in relation to Australia, the Commonwealth of Australia, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island, and
    19. “widowed person”, means in relation to Australia, a de jure widow or widower but does not include one who has a partner;
    20. 2. In the application by a Party of this Agreement in relation to a person, any term not defined in this Article shall, unless the context otherwise requires, h
    21. ARTICLE 2
    22. Legislative Scope
    23. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
    24. a) in relation to Australia:
    25. i) the Acts forming the social security law, in so far as the law provides for, applies to or affects the following benefits:
    26. A) age pensions;
    27. B) disability support pension for a person who is severely disabled; and
    28. ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrati
    29. b) in relation to the Netherlands, its legislation on:
    30. i) general old age insurance;
    31. ii) invalidity insurance for employees and the self-employed;
    32. iii) general survivors’ insurance;
    33. iv) children’s allowances;
    34. v) sickness insurance (including employers’ liability for payment during sickness);
    35. and for the application of Part II of the Agreement also its legislation on:
    36. vi) unemployment insurance;
    37. 2. Notwithstanding the provisions of subparagraph 1(a), this Agreement shall continue to apply to women who are receiving Australian wife pension and are the wi
    38. 3. Notwithstanding the provisions of subparagraph 1(a), the term “benefit” shall include Australian pensions payable to widowed persons and Australian double or
    39. 4. Notwithstanding the provisions of subparagraph 1(a) of this Article, the term “benefit” shall, when the reference is to an Australian benefit, include pensio
    40. 5. Notwithstanding the provisions of subparagraph 1(a) the legislation of Australia shall not include any laws made, whether before or after the date of signatu
    41. 6. This Agreement shall apply to laws that extend the legislation of either Party to new categories of beneficiaries or to new branches or systems of social sec
    42. 7. Except as otherwise provided in this Agreement, this Agreement shall not apply to social and medical assistance schemes, to special schemes for civil servant
    43. 8. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic relations of April 18,1961, or the Vienna Convention on Consular relati
    44. ARTICLE 3
    45. Personal Scope
    46. Subject to other Articles of this Agreement, it shall apply to any person who:
    47. a) is or has been an Australian resident, or
    48. b) is or has been subject to the legislation of the Netherlands, and, where applicable, to other persons in regard to the rights they derive from a person descr
    49. ARTICLE 4
    50. Equality of Treatment
    51. 1. The citizens of each of the Parties shall be treated equally in the application of the legislation of Australia and of the Netherlands relating to benefits.
    52. 2. Subject to this Agreement and unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights a
    53. ARTICLE 5
    54. Payment of benefits abroad
    55. 1 Benefits payable whether under this Agreement or otherwise shall not be reduced, modified, suspended or withdrawn on account of the recipient, or members of h
    56. 2. Where continuing qualification or payability of a benefit is subject to limitations as to time, then reference to the territory of a Party in those limitatio
    57. 3. Where continuing qualification or payability of a benefit is subject to a requirement to be, for an Australian benefit, an Australian resident or, for a Neth
    58. 4. Where a double orphan pension would be payable to a person under the legislation of Australia in respect of a young person whose sole surviving parent died w
    59. PART II PROVISIONS ON COVERAGE
    60. SECTION A
    61. PROVISIONS RELATING TO THE SUPERANNUATION GUARANTEE LEGISLATION OF AUSTRALIA AND TO NETHERLANDS’ LEGISLATION
    62. ARTICLE 6
    63. Purpose of Section A
    64. The purpose of Section A is to ensure that employers and employees who are subject to the legislation of the Netherlands or Australia do not have a double liabi
    65. ARTICLE 7
    66. Application of Section A
    67. Section A only applies where:
    68. a) without the application of Section A an employee and/or the employer of the employee would otherwise be covered by both the legislation of the Netherlands an
    69. b) without the application of paragraphs 2, 3, 5 or 6 of Article 8 an employee from the Netherlands and/or the employer of that employee would otherwise come to
    70. ARTICLE 8
    71. Provisions on coverage
    72. 1. Unless otherwise provided in paragraphs 2, 3 or 4, if an employee works in the territory of one Party, the employer of the employee and the employee shall in
    73. 2. If an employee:
    74. a) is covered by the legislation of one Party (‘the first Party’); and
    75. b) was sent, whether before, on or after the commencement of this Part, by the Government of the first Party to work in the territory of the other Party (‘the s
    76. c) is working in the territory of the second Party in the employment of the Government of the first Party; and
    77. d) is not working permanently in the territory of the second Party;
    78. the employer and employee shall be subject only to the legislation of the first Party in respect of the work and the remuneration paid for the work.
    79. 3. If an employee:
    80. a) is covered by the legislation of one Party (‘the first Party’); and
    81. b) was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the legislation of the first Party to work in the terri
    82. c) is working in the territory of the second Party in the employment of the employer or a related entity of that employer; and
    83. d) was sent to work in the territory of the second Party and a period of 5 years has not elapsed from that time; and
    84. e) is not working permanently in the territory of the second Party;
    85. the employer and employee shall be subject only to the legislation of the first Party in respect of the work and the remuneration paid for the work. An entity i
    86. 4. If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer and employee shall in respect of the
    87. 5. For the purposes of the Netherlands’ legislation, a person who is subject to the Netherlands’ legislation in accordance with the provisions of this Article s
    88. 6. According to the provisions of this Article the Netherlands’ legislation shall be applicable if the employer or employee has applied for a certificate of cov
    89. ARTICLE 9
    90. Exception agreements
    91. 1. The competent authority for Australia and the competent institution for the Netherlands may for the purposes of Section A by agreement in writing:
    92. a) extend the period of 5 years referred to in subparagraph 3(d) of Article 8 for any employee; or
    93. b) agree that an employee is taken to work in the territory of a particular Party or to work on a ship or aircraft in international traffic under the legislatio
    94. 2. Any agreement made under paragraph 1 may apply to:
    95. a) a class of employees; and/or
    96. b) particular work or particular type of work (including work that has not occurred at the time the agreement is made).
    97. SECTION B
    98. PROVISIONS RELATING TO AUSTRALIAN LEGISLATION (OTHER THAN THAT RELATING TO THE SUPERANNUATION GUARANTEE) AND TO NETHERLANDS’ LEGISLATION
    99. ARTICLE 10
    100. Partner or Children of Seconded Employees Temporary Absence from Australia
    101. An Australian resident, who is the partner or child of, and who accompanies to the Netherlands, an employee to which Article 8 paragraph 2 or 3 applies, shall n
    102. ARTICLE 11
    103. Application of Netherlands Legislation to the Partner or Children of Seconded Employees
    104. 1. The partner or child who accompanies to Australia, an employee to whom Article 8 paragraph 2 or 3 applies shall, for any period in which he or she is not wor
    105. 2. The partner or child who accompanies to the Netherlands an employee to whom Article 8 paragraph 2 or 3 applies shall not be subject to Netherlands’ legislati
    106. PART III PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    107. ARTICLE 12
    108. Residence or Presence in the Netherlands or a Third State
    109. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian res
    110. a) is an Australian resident or residing in the Netherlands or a third State with which Australia has concluded an agreement on social security that includes pr
    111. b) is in Australia or the Netherlands or that third State,
    112. that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
    113. ARTICLE 13 Partner related Australian benefits
    114. A person who receives from Australia an Australian wife pension under the social security laws of Australia due to the fact that the partner of that person rece
    115. ARTICLE 14
    116. Totalisation for Australia
    117. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    118. a) a period as an Australian resident that is less than the period required to qualify him or her, on that ground, under the legislation of Australia for that A
    119. b) a period of Australian working life residence equal to or greater than the period identified in paragraph 4 for that person; and
    120. c) has accumulated a period of insurance;
    121. then, for the purposes of a claim for that Australian benefit, that period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying
    122. 2. For the purpose of paragraph 1, where a person:
    123. a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitle
    124. b) has accumulated a period of insurance in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a), the
    125. 3. For all purposes of this Article, where a period by a person as an Australian resident and a period of insurance accumulated by that person coincide, the per
    126. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    127. a) for the purposes of an Australian benefit claimed by a person residing outside Australia, the minimum period required shall be one year, of which at least si
    128. b) for the purposes of an Australian benefit claimed by an Australian resident there shall be no minimum period of Australian working life residence.
    129. ARTICLE 15
    130. Calculation of Australian Benefits
    131. 1. Subject to paragraph 2, where a person who is outside Australia is qualified for an Australian benefit only by virtue of this Agreement, the rate of that ben
    132. 2. When assessing the income of a person who is outside Australia for the purposes of calculating the rate of a benefit whether payable by virtue of this Agreem
    133. a) any payment according to the Algemene Bijstandswet to that person under the legislation of the Netherlands shall be disregarded;
    134. b) any payment of AOW-toeslag shall be disregarded; and
    135. c) if a proportionalised rate of Australian benefit is payable under the legislation of Australia then only a proportion of any other Netherlands’ old age benef
    136. The calculation described in sub-paragraph c may be expressed as
    137. where:
    138. A = rate of Australian benefit payable; Q = number of months of the period of residence in Australia of the person or 300 whichever is the lower; R = maximum ra
    139. 3. The provisions in paragraphs 1 and 2 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    140. 4. Subject to the provisions in paragraphs 5 and 6, where a person who is in Australia is qualified to receive an Australian benefit only by virtue of this Agre
    141. a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Netherlands’ benefit received by that per
    142. b) deducting the amount of the Netherlands’ benefit received by that person from the maximum rate of that Australian benefit; and
    143. c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person’
    144. 5. The provisions in paragraph 4 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    145. 6. Where a person is, or his or her partner is, or both that person and his or her partner are, in receipt of a Netherlands’ benefit or benefits, each of them s
    146. ARTICLE 16
    147. Exclusion of specified Netherlands’ payments from the Australian income test
    148. 1. Where a person receives or is entitled to receive a benefit under the social security laws of Australia:
    149. a) reimbursement payments for extra medical, nursing and immediately related expenses of a victim of persecution; and
    150. b) the special allowance covering the extra medical expenses a victim of persecution has, but which are beyond his or her capacity to meet, while maintaining a
    151. made under the State Assistance Scheme of the1940-1945 Victims of Persecution (WUV), shall not be included as income for the purpose of assessing the rate of th
    152. 2. For the purposes of this Article only, the term benefit shall include all social security payments under the social security laws of Australia.
    153. PART IV PROVISIONS RELATING TO THE NETHERLANDS BENEFITS
    154. ARTICLE 17
    155. Benefits under the General Old Age Pensions Act
    156. 1. The Netherlands’ Competent Institution shall determine the old age pension directly and exclusively on the basis of periods of insurance completed under the
    157. 2. Subject to paragraph 3, periods before January 1, 1957 during which a national of one Party after reaching the age of fifteen, resided in the territory of th
    158. 3. The periods referred to in paragraph 2 shall be taken into consideration in the calculation of the old age pension only if the person concerned has been insu
    159. ARTICLE 18
    160. Benefits under the invalidity insurance for employees and the self-employed
    161. 1. A person eligible for a benefit according to subparagraph 1(a)(i)(B) of Article 2 and who was employed and/or self employed in the Netherlands during at leas
    162. 2. The benefit shall be determined:
    163. a) according to the Netherlands’ Disability Act (WAO) in any case where the person was employed, at the moment the incapacity for work followed by invalidity oc
    164. b) according to the Netherlands’ self-employed persons Disability Benefits Act (WAZ) in any case where the person was, in the year prior to the occurrence of th
    165. 3. The benefit established according to this Article shall be multiplied by a factor, of which the numerator consists of the total period in months in which the
    166. ARTICLE 19
    167. Refusal to pay, suspension, withdrawal
    168. The Competent Institution of the Netherlands may refuse to pay, may suspend or may withdraw a benefit if the applicant or the beneficiary fails to provide promp
    169. PART V COMMON PROVISIONS
    170. ARTICLE 20
    171. Common Provisions for the Calculation of Benefits
    172. 1. Where a Party (the first Party) makes a payment under this Agreement or under its social security laws to a person who resides in the territory of the other
    173. 2. For the purposes of this Article, the Netherlands’ invalidity benefits under WAO and WAZ shall be deemed to be income-tested benefits and the Netherlands’ re
    174. 3. The principles set out in paragraphs 1 and 2 will continue to apply when a beneficiary moves to reside in a third country as if the beneficiary had not moved
    175. 4. Where a person residing in a third country lodges a valid claim for a benefit, the principles set out in paragraphs 1 and 2 will be applied as if that person
    176. PART VI MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    177. ARTICLE 21
    178. Lodgement of Documents
    179. 1. Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of one Party which should for the purposes of that leg
    180. 2. A claim for a benefit under the legislation of one Party shall be deemed to be a claim for the corresponding benefit under the legislation of the other Party
    181. a) requests that it be considered an application under the legislation of the other Party, or
    182. b) provides information at the time of application indicating that periods of residence or periods of insurance have been completed under the legislation of the
    183. 3. In any case to which paragraph 1 or 2 applies, the Competent Authority, Competent Institution or Tribunal to which the claim, notice or appeal has been submi
    184. 4. The reference in paragraph 1 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established b
    185. ARTICLE 22
    186. Recovery of overpayments
    187. 1. Where
    188. a) a benefit under this Agreement is claimed from, or is being paid by, one of the Parties; and
    189. b) there are reasonable grounds for believing that the claimant may also be entitled, whether by virtue of this Agreement or otherwise, to a benefit from the ot
    190. that first-mentioned benefit shall not be paid or continue to be paid if a claim is not duly lodged for payment of the second-mentioned benefit or if that claim
    191. 2. Where:
    192. a) a benefit under this Agreement or otherwise is claimed from one of the Parties and, as a result of that claim, a benefit is payable by a Party to a person in
    193. b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and
    194. c) the amount of the benefit paid by that other Party would have been reduced had the benefit referred to in subparagraph (a) been paid during that past period,
    195. then the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout the pa
    196. 3. A Competent Institution which has made an overpayment of a benefit to a beneficiary may request the other Competent Institution which is required to pay a co
    197. 4. Where a Competent Institution of a Party is unable to recover pursuant to paragraph 3 all the amount of an overpayment it has made, it may, within the condit
    198. 5. The amount of any overpayment shall be a debt due by the person who received it to the Party that paid it.
    199. 6. A Party may determine that the amount, or any part, of the debt owing to it under paragraph 4 may be deducted from future payments of any pension, benefit or
    200. 7. The Competent Institution receiving a request under paragraph 3 shall take the action agreed upon between the liaison agencies to recoup the amount of the ov
    201. ARTICLE 23
    202. Payments of Benefits
    203. 1. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to g
    204. 2. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party, whether the beneficiary is in the territory of the other Party or outsi
    205. 3. The payment outside Australia of an Australian benefit that is payable by virtue of this Agreement shall not be restricted by those provisions of the legisla
    206. 4. Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required
    207. 5. Where a person is in receipt of a benefit or benefits under this Agreement and is in a third country, the Party paying that benefit or those benefits shall c
    208. ARTICLE 24
    209. Exchange of Information and Mutual Assistance
    210. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall:
    211. a) to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Agreement;
    212. b) lend their good offices and furnish assistance to one another (including the communication to each other of any information necessary) with regard to the det
    213. c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in th
    214. d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Partie
    215. e) jointly endeavour to resolve any difficulties or doubts arising as to the application of this Agreement.
    216. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the Competent Authorities and Competen
    217. 3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Comp
    218. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligat
    219. a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party, or
    220. b) to supply particulars which are not obtainable under the laws or, in the normal course of the administration of that or the other Party.
    221. 5. Notwithstanding any laws or administrative practices of a Party, no information concerning a person which is received by that Party from the other Party shal
    222. 6. In the application of this Agreement, the Competent Authority and the Competent Institutions of a Party may communicate with the other in the official langua
    223. ARTICLE 25
    224. Administrative Arrangement
    225. 1. The Competent Authorities of the Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementation of this Ag
    226. 2. Liaison agencies shall be designated to facilitate the implementation of this Agreement.
    227. ARTICLE 26
    228. Review of the Agreement
    229. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than 6 months after that request was made an
    230. PART VII TRANSITIONAL AND FINAL PROVISIONS
    231. ARTICLE 27
    232. Commencement of Benefits
    233. 1. The commencement date for payment of a benefit under this Agreement shall be determined in accordance with the legislation of the Party concerned but in no c
    234. 2. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
    235. a) a period as an Australian resident and a period of insurance, and
    236. b) any event or fact which is relevant to that entitlement,
    237. shall, subject to this Agreement, be taken into account insofar as those periods or those events are applicable in regard to that person no matter when they wer
    238. 3. Subject to Article 28 no provision of this Agreement shall confer any right to receive payment of a benefit for a period before the date of entry into force
    239. 4. Subject to Article 28 and to paragraph 3, a person may be qualified to receive a benefit, other than a lump sum payment, under this Agreement in respect of e
    240. ARTICLE 28
    241. Transitional Provisions
    242. 1. Upon the entry into force of this Agreement the 1991 Agreement shall terminate and shall be replaced by this Agreement.
    243. 2. Any right to benefit acquired in accordance with the 1991 Agreement shall be maintained. For the purposes of this paragraph “any right to benefit acquired” i
    244. 3. Any rights in course of acquisition under the 1991 Agreement at the date of entry into force of this Agreement shall be settled in accordance with the Agreem
    245. 4. Where, from the date of entry into force of this Agreement, any claim to benefit has not been determined and entitlement arises before that date, the claim s
    246. 5. Benefits, other than lump sum payments, shall be payable in accordance with this Agreement in respect of events which happened before the date of its entry i
    247. 6. Paragraph 5 shall not confer any right to receive payment of benefit for any period before the date of entry into force of this Agreement.
    248. 7. For the purpose of applying the first sentence of paragraph 5:
    249. a) any right to benefit acquired by a national in accordance with the 1991 Agreement may, at the request of the national concerned, be determined afresh in acco
    250. b) where the request for the benefit to be determined afresh is made more than two years after the date of entry into force of this Agreement payment of benefit
    251. 8. No provision of this Agreement shall diminish any rights or benefits which a person has properly acquired under the legislation of either Party before the da
    252. ARTICLE 29
    253. Entry Into Force and Termination
    254. 1. Both Parties shall notify each other in writing of the completion of their respective statutory and constitutional procedures required for entry into force o
    255. 2. Until entry into force of this Agreement, the Kingdom of the Netherlands shall apply subparagraph 1(b) of Article 2 and Article 5 from the first day of the s
    256. 3. Subject to paragraph 4, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives a note from the o
    257. 4. In the event that this Agreement is terminated in accordance with paragraph 3, this Agreement shall continue to have effect in relation to all persons who:
    258. a) at the date of termination, are in receipt of benefits, or
    259. b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits;
    260. by virtue of this Agreement; or
    261. c) immediately before the date of termination are subject only to the legislation of one Party by virtue of paragraph 2 or 3 of Article 8 of Part II, Section A
    262. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    263. DONE in duplicate at The Hague this 2nd day of July 2001, in the English language.
    264. FOR THE GOVERNMENT OF AUSTRALIA FOR THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS
    265. Peter Hussin J F Hoogervorst [Signatures omitted]
11. Schedule 8 · Ireland
    1. Note: See section 5.
    2. Agreement on Social Security
    3. Between
    4. the Government of Australia
    5. and
    6. the Government of Ireland
    7. The Government of Australia and the Government of Ireland (hereinafter “the Parties”),
    8. Wishing to strengthen the existing friendly relations between the two countries,
    9. Desiring to review the Agreement between Australia and Ireland on Social Security signed on 8 April 1991, and
    10. Acknowledging the need to coordinate the operation of their respective social security systems and to eliminate double coverage;
    11. Have agreed as follows:
    12. PART I—GENERAL PROVISIONS
    13. ARTICLE 1
    14. Definitions
    15. 1. In this Agreement, unless the context otherwise requires:
    16. (a) “benefit” means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any addi
    17. (b) “Competent Authority” means, in relation to Australia:
    18. the Secretary of the Department responsible for the application of the legislation in subparagraph 1 (a) (i) of Article 2 of this Agreement except in relation t
    19. and in relation to Ireland:
    20. the Minister for Social and Family Affairs;
    21. (c) “Competent Institution” means, in relation to Australia:
    22. the institution or agency which has the task of implementing the applicable Australian legislation;
    23. and in relation to Ireland:
    24. the Department of Social and Family Affairs;
    25. (d) “legislation” means, in relation to Australia:
    26. the laws specified in subparagraph 1 (a) (i) of Article 2 except in relation to the application of Part II of the Agreement (including the application of other
    27. and in relation to Ireland:
    28. the laws specified in subparagraph 1 (b) of Article 2;
    29. (e) “period of Australian working life residence”, in relation to a person, means a period defined as such in the legislation of Australia, but does not include
    30. (f) “Irish period of insurance” means, a period in respect of which qualifying contributions have been paid or a period in respect of which contributions have b
    31. (g) “previous agreement’ means, the Agreement between Australia and Ireland on social security signed on 8 April 1991;
    32. (h) “territory” means, in relation to Australia:
    33. Australia as defined in the legislation of Australia;
    34. and in relation to Ireland:
    35. that part of the island of Ireland which is at present under the jurisdiction of the Government of Ireland;
    36. (i) “widowed person” means, in relation to Australia, a person who stops being a partnered person because of the death of the person’s partner, but does not inc
    37. 2. In the application by a Party of this Agreement, any term not defined shall, unless the context otherwise requires, have the meaning which it has under the l
    38. ARTICLE 2
    39. Legislative Scope
    40. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
    41. (a) in relation to Australia:
    42. (i) the Acts referred to as “the social security law” in the Social Security Act 1991, and any regulations made under any such Act, in so far as those Acts or r
    43. A) age pension;
    44. B) disability support pension for the severely disabled;
    45. C) pensions payable to widowed persons; and
    46. (ii) the law concerning the superannuation guarantee which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrati
    47. (b) in relation to Ireland: the Acts referred to as the “Social Welfare Acts” and any regulations made thereunder to the extent that they provide for and apply
    48. (i) old age (contributory) pension;
    49. (ii) retirement pension;
    50. (iii) widow’s and widower’s (contributory) pension;
    51. (iv) invalidity pension;
    52. (v) orphan’s (contributory) allowance;
    53. (vi) bereavement grant; and
    54. (vii) the liability for the payment of employment and self-employment contributions.
    55. 2. Notwithstanding the provisions of paragraph 1:
    56. in relation to Australia, the legislation of Australia shall not include treaties or other international agreements concluded between it and a third State;
    57. and in relation to Ireland, the legislation of Ireland shall not include the Regulations on Social Security of the Institutions of the European Communities or a
    58. 3. This Agreement shall apply to laws which extend the legislation of either Party to new categories of beneficiaries only if the two Parties so agree.
    59. ARTICLE 3
    60. Personal Scope
    61. This Agreement shall apply to any person who:
    62. (a) is or has been an Australian resident; or
    63. (b) is or has been subject to the legislation of Ireland,
    64. and, where applicable, to other persons in regard to the rights they derive from the person described above.
    65. ARTICLE 4
    66. Equality of Treatment
    67. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations regarding eligibil
    68. PART II — PROVISIONS FOR AVOIDING DOUBLE COVERAGE
    69. ARTICLE 5
    70. Purpose of Part
    71. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Ireland or Australia do not have a double liability und
    72. ARTICLE 6
    73. Application of Part
    74. This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties in respect
    75. ARTICLE 7
    76. Diplomatic and Consular Relations
    77. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations
    78. ARTICLE 8
    79. Application of Legislation
    80. 1. Unless otherwise provided in paragraphs 2, 3, 4 or 5 if an employee works in the territory of one Party, the employer of the employee and the employee shall
    81. 2. If an employee:
    82. (a) is covered by the legislation of one Party; and
    83. (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of that Party to work in the
    84. (c) is working in the territory of the other Party in the employment of the employer or a related entity of that employer; and
    85. (d) is not working permanently in the territory of the other Party;
    86. the employer and employee shall, for a period not exceeding 4 years from the time the employee is sent to work in the territory of the other Party, be subject o
    87. 3. If the employer for the purposes of paragraph 2 of this Article is the Government of a Party, then the time limit specified in paragraph 2 shall not apply. F
    88. in relation to Australia, a political subdivision or local authority of Australia;
    89. in relation to Ireland, a local authority of Ireland.
    90. 4. If an employee is working in the employment of an employer on a ship in international traffic the employer of the employee and employee shall in respect of t
    91. 5. A person who is a member of the travelling or flying personnel of a transport undertaking who is employed in the territory of both Parties shall be subject t
    92. (a) the employee is permanently employed by a branch office or permanent representation of the employer in the territory of the other Party, or
    93. (b) the employee is permanently resident in and is mainly employed in the territory of the other Party,
    94. in which case he or she shall be subject to the legislation of the latter Party. In any case, for the purposes of this paragraph, an Australian resident employe
    95. ARTICLE 9
    96. Exception Agreements
    97. 1. The Competent Authorities may, for the purposes of this Part, by agreement in writing:
    98. (a) extend the period of 4 years referred to in paragraph 2 of Article 8 for any employee; or
    99. (b) provide that an employee is taken to work in the territory of a particular Party, or to work on a ship or aircraft in international traffic, under the legis
    100. 2. Any agreement made under paragraph 1 may apply to:
    101. (a) a class of employees; and/or
    102. (b) particular work or a particular type of work (including work that has not occurred at the time the agreement is made).
    103. PART III — PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    104. ARTICLE 10
    105. Residence or Presence in the Territory of Ireland or a Third State
    106. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian res
    107. (a) is an Australian resident or residing in the territory of Ireland or a third State with which Australia has concluded an agreement on social security that i
    108. (b) is in Australia, or the territory of Ireland or that third State,
    109. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian res
    110. ARTICLE 11
    111. Totalisation for Australia
    112. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    113. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for a be
    114. (b) a period of Australian working life residence equal to or greater than the period identified in paragraph 4; and
    115. (c) an Irish period of insurance,
    116. then, that Irish period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislatio
    117. 2. For the purposes of paragraph 1, where a person:
    118. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    119. (b) has accumulated an Irish period of insurance in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph
    120. the total of the Irish periods of insurance shall be deemed to be one continuous period.
    121. 3. For all the purposes of this Article, where a period by a person as an Australian resident and an Irish period of insurance coincide, the period of coinciden
    122. 4. The period of Australian working life residence to be taken into account for the purposes of subparagraph 1 (b) shall be as follows:
    123. (a) for the purposes of an Australian benefit claimed by a person residing outside Australia, the minimum period required shall be 12 months, of which at least
    124. (b) for the purposes of an Australian benefit claimed by an Australian resident, no minimum period shall be required.
    125. 5. For the purpose of a claim by a person for a pension payable to a widowed person, that person shall be deemed to have accumulated an Irish period of insuranc
    126. 6. For the purpose of converting Irish periods of insurance into periods as an Australian resident in accordance with this Article, one week of an Irish period
    127. ARTICLE 12
    128. Calculation of Australian Benefits
    129. 1. Subject to paragraph 2, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside the territory of A
    130. 2. A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during
    131. 3. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise to a person who is resident in the territory of Ireland, Australia s
    132. (i) back to education allowance;
    133. (ii) back to work allowance;
    134. (iii) blind pension;
    135. (iv) blind welfare allowance;
    136. (v) carer’s allowance;
    137. (vi) child benefit;
    138. (vii) disability allowance;
    139. (viii) domiciliary care allowance;
    140. (ix) family income supplement;
    141. (x) farm assist;
    142. (xi) fuel allowance
    143. (xii) infectious diseases maintenance allowance;
    144. (xiii) mobility allowance;
    145. (xiv) old age (non-contributory) pension;
    146. (xv) one-parent family payment;
    147. (xvi) orphan’s (non-contributory) pension;
    148. (xvii) pre-retirement allowance;
    149. (xviii) rent allowance;
    150. (xix) supplementary welfare allowance;
    151. (xx) unemployment assistance;
    152. (xxi) widow’s and widower’s (non-contributory) pension;
    153. (xxii) any allowance, dependant’s allowance, disability pension or wound pension under the Army Pensions Act 1923 to 1980;
    154. (xxiii) any allowance under Article 14 of the Child Care (Placement of Children in Foster Care) Regulations 1995 or Article 15 of the Child Care (Placement of C
    155. and any other payments of a similar nature proposed by the Competent Institutions specified in Article 1 and jointly approved by the Competent Authorities and l
    156. 4. The provisions in paragraphs 1 and 3 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    157. 5. Subject to the provisions of paragraph 6, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate o
    158. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation any Irish benefits received by that person;
    159. (b) deducting the amount of any Irish benefits received by that person from the maximum rate of that Australian benefit; and
    160. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    161. 6. Where a married person is, or both that person and his or her partner are, in receipt of an Irish benefit or benefits, each of them shall be deemed, for the
    162. 7 The provisions in paragraph 5 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    163. PART IV — PROVISIONS RELATING TO IRISH BENEFITS
    164. ARTICLE 13
    165. Totalisation for Ireland
    166. 1. Notwithstanding the provisions of paragraphs 2 and 3 of this Article where a person is entitled to an Irish benefit by virtue of his or her Irish periods of
    167. 2. Subject to paragraph 5, if a person is not entitled to an Irish benefit on the basis of his or her Irish periods of insurance alone, then such periods shall
    168. 3. For the purposes of determining entitlement to an Irish benefit in accordance with the provisions of paragraph 2, each calendar week or part thereof in which
    169. 4. Where a period of Australian working life residence and an Irish period of insurance coincide, the period of coincidence shall be taken into account once onl
    170. 5 For the purpose of determining entitlement to benefits other than bereavement grant or orphan’s (contributory) allowance, if the total duration of the Irish p
    171. 6. For the purpose of determining entitlement to a bereavement grant or orphan’s (contributory) allowance:
    172. (a) periods of Australian working life residence shall be taken into account as if they were Irish periods of insurance completed under the legislation of Irela
    173. (b) periods of Australian working life residence shall be converted into Irish periods of insurance in accordance with the provisions of paragraph 3.
    174. 7. For the purposes of determining entitlement of a person to an invalidity pension, any period of continuous incapacity for work which occurs during a period o
    175. ARTICLE 14
    176. Calculation of Irish Benefits
    177. 1. Where a person is entitled to an Irish benefit by virtue of the totalisation arrangements prescribed in Article 13, the Competent Institution of Ireland shal
    178. (a) the amount of the theoretical benefit exclusive of any additional amount, or supplement or any increase other than an increase for a qualified adult which w
    179. (b) the proportion of such theoretical benefit which bears the same relation to the whole as the total of Irish periods of insurance completed under the legisla
    180. The proportionate amount thus calculated plus any additional amount, supplement or increase other than an increase for a qualified adult shall be the rate of be
    181. 2. Where a period of working life residence in Australia is not counted by the Competent Authority of Australia under the provisions of subparagraph (a) of para
    182. 3. In the case of bereavement grant and orphan’s (contributory) allowance the amount of benefit payable shall be calculated in accordance with the relevant cont
    183. PART V — MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    184. ARTICLE 15
    185. Lodgement of Documents
    186. 1. A claim, notice or appeal concerning a benefit, whether payable by a Party by virtue of this Agreement or otherwise, may be lodged in the territory of either
    187. 2. The date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of the other Party shall be treated, for the
    188. 3. A claim for a benefit from one Party shall be considered as a claim for the corresponding benefit from the other Party if the claimant:
    189. (i) so requests; or
    190. (ii) provides information at the time of the application indicating that the person had a period of residence or contributions under the social security laws of
    191. 4. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an admini
    192. ARTICLE 16
    193. Determination of Claims
    194. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
    195. (a) a period as an Australian resident and an Irish period of insurance; and
    196. (b) any event or fact which is relevant to that eligibility or entitlement,
    197. shall, subject to this Agreement, and to the relevant provisions of the social security laws of each Party, be taken into account in so far as those periods or
    198. 2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concer
    199. 3. In the case of contingencies which occurred before the commencement of this Agreement the amount of a benefit under the legislation of Ireland due only by vi
    200. 4. Where:
    201. (a) a benefit is paid or payable by a Party to a person in respect of a past period;
    202. (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and
    203. (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid or payable by the first Party been paid during that period;
    204. then
    205. (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that pa
    206. (e) the other Party may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit payable by that Party to that per
    207. 5. Where the first Party has not yet paid the benefit described in subparagraph 4 (a) to the person:
    208. (a) that Party shall, at the request of the other Party, pay the amount of the benefit necessary to meet the debt described in subparagraph 4 (d) to the other P
    209. (b) any shortfall may be recovered by the other Party under subparagraph 4 (e).
    210. 6. The Competent Institution receiving a request under paragraph 5 shall transfer the amount of the debt to the Competent Institution making the request.
    211. 7. A reference in paragraphs 4 and 5 to a benefit means, in relation to Australia, a pension, benefit or allowance that is payable under the social security law
    212. ARTICLE 17
    213. Payment of Benefits
    214. 1. Benefits payable by virtue of this Agreement are also payable in the territory of the other Party.
    215. 2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Ag
    216. 3. The payment outside Australia of an Australian benefit that is payable by virtue of this Agreement shall not be restricted by those provisions of the legisla
    217. ARTICLE 18
    218. Exchange of Information and Mutual Assistance
    219. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement:
    220. (a) shall communicate to each other any information necessary for the application of this Agreement;
    221. (b) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement or the l
    222. (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about change
    223. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parti
    224. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any administrative arrangements made pursuant to Article 19.
    225. 3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Comp
    226. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligat
    227. (a) to carry out administrative measures at variance with the laws or the administrative practice of that Party or the other Party; or
    228. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that Party or the other Party.
    229. 5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other in any official languag
    230. ARTICLE 19
    231. Administrative Arrangements
    232. The Competent Authorities of the Parties shall make whatever administrative arrangements are necessary in order to implement this Agreement.
    233. ARTICLE 20
    234. Resolution of Difficulties
    235. 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accor
    236. 2. The Parties shall consult promptly at the request of either concerning matters which have not been resolved by the Competent Authorities in accordance with p
    237. ARTICLE 21
    238. Review of Agreement
    239. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose as soon as possible after that request was made and,
    240. PART VI — TRANSITIONAL AND FINAL PROVISIONS
    241. ARTICLE 22
    242. Transitional provisions
    243. 1. Subject to this Agreement, when this Agreement comes into force, the previous agreement shall terminate and persons who were receiving benefits by virtue of
    244. 2. Where, on the date on which this Agreement enters into force, a person:
    245. (a) is in receipt of a benefit by virtue of the previous Agreement; or
    246. (b) is qualified to receive a benefit referred to in subparagraph (a) and, where a claim for that benefit is required, has claimed that benefit,
    247. no provision of this Agreement shall affect that person’s qualification to receive that benefit.
    248. ARTICLE 23
    249. Entry Into Force
    250. 1. This Agreement is subject to ratification. The instruments of ratification shall be exchanged as soon as possible, after all constitutional and legislative r
    251. 2. This Agreement shall enter into force on the first day of the second month following the month in which the instruments of ratification are exchanged.
    252. ARTICLE 24
    253. Termination
    254. 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a
    255. 2. In the event that this Agreement is terminated in accordance with paragraph 1, the Agreement shall continue to have effect in relation to all persons who:
    256. (a) at the date of termination, are in receipt of benefits; or
    257. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits,
    258. by virtue of this Agreement, or
    259. (c) immediately before the date of termination, are subject only to the legislation of one Party as mentioned in and by virtue of paragraph 1 or 2 of Article 8
    260. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    261. DONE in 2 originals at Dublin this ninth day of June two thousand and five.
    262. FOR THE GOVERNMENT OF FOR THE
    263. AUSTRALIA GOVERNMENT OF IRELAND
    264. Dr John Herron Seamus Brennan
12. Schedule 9 · Portugal
    1. Note See section 5.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF PORTUGAL ON SOCIAL SECURITY
    3. Australia and the Republic of Portugal (hereinafter “the Parties”),
    4. Wishing to strengthen the existing friendly relations between the two countries,
    5. Desiring to review the Agreement between Australia and the Republic of Portugal on Social Security signed on 30 April 1991, and
    6. Acknowledging the need to coordinate further the operation of their respective social security systems so as to ensure access by people who move between Austral
    7. Have agreed as follows:
    8. PART I - GENERAL PROVISIONS
    9. ARTICLE 1
    10. Definitions
    11. 1. In this Agreement, unless the context otherwise requires:
    12. (a) “benefit” means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any addi
    13. (b) “carer payment” means a carer payment for a person in Portugal who is caring for a partner who is in receipt of an Australian age pension or disability supp
    14. (c) “Competent Authority” means:
    15. in relation to Australia: the Secretary to the Department responsible for the application of the legislation in subparagraph 1(a)(i) of Article 2 except in rela
    16. in relation to Portugal: the Minister or other corresponding authority responsible for the social security schemes in all or any part of the territory of Portug
    17. (d) “Competent Institution” means:
    18. in relation to Australia: the institution or agency responsible for the administration of the legislation; and,
    19. in relation to Portugal:
    20. (i) the institution with which the person concerned is insured at the time of the application for benefit; or
    21. (ii) the institution from which the person concerned is entitled or would be entitled to benefits if he or she or a member or members of his or her family were
    22. (iii) the institution designated by the Competent Authority of Portugal;
    23. (e) “Government employment” in relation to Australia includes employment by a political subdivision or local authority of Australia”;
    24. (f) “legislation” means, in relation to Australia, the law specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part III of t
    25. (g) “period of Australian working life residence”, in relation to a person, means a period defined as such in the legislation of Australia, but does not include
    26. (h) “Portuguese insurance period” means the period of contributions or any equivalent period which has been or can be used to acquire the right to a benefit und
    27. (i) “previous Agreement” means the Agreement between the Government of Australia and the Government of the Republic of Portugal on Social Security signed on 30
    28. (j) “territory” means, in relation to Australia, Australia as defined in the legislation of Australia; and, in relation to Portugal, the territory of the Republ
    29. (k) “widow” means:
    30. in relation to Australia:
    31. - a de jure widow; or
    32. - a woman who was a member of a couple for 3 years immediately before her partner died and was wholly or mainly financially maintained by him;
    33. - but does not include a woman who has a partner;
    34. and in relation to Portugal:
    35. - a de jure widow; or
    36. - a legally separated woman or divorced woman entitled to alimony; or
    37. - a person covered by paragraph 1 of Article 2020 of the Civil Law Code.
    38. 2. In the application of this Agreement by a Party, any term not defined in it shall, unless the context otherwise requires, have the meaning which it has under
    39. ARTICLE 2
    40. Legislative Scope
    41. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
    42. (a) in relation to Australia:
    43. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects the following benefits:
    44. - age pension;
    45. - disability support pension for the severely disabled;
    46. - wife pension;
    47. - carer payment;
    48. - pensions payable to widows;
    49. - bereavement allowance;
    50. - additional child amount;
    51. - double orphan pension; and
    52. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    53. (b) in relation to Portugal:
    54. (i) the legislation relating to the general scheme (including the voluntary social insurance scheme) and the special schemes (excluding provisions for civil ser
    55. - old age pension;
    56. - invalidity pension;
    57. - survivors’ pension and death grant;
    58. - supplement for care;
    59. - sickness and maternity benefits;
    60. - unemployment benefit;
    61. - funeral grant; and
    62. - family allowance for children and young people of pensioners;
    63. (ii) the legislation relating to work injuries and occupational diseases pensions; and
    64. (iii) the legislation relating to the non-contributory scheme in respect of old age, invalidity and survivors’ pensions and supplement for care.
    65. 2. Unless otherwise provided in this Agreement, the laws referred to in paragraph 1 shall not include any treaty or other international Agreement or supra-natio
    66. 3. This Agreement shall also apply to any laws and regulations which extend the existing legislation to new categories of beneficiaries if the Government of the
    67. ARTICLE 3
    68. Personal Scope
    69. This Agreement shall apply to any person who:
    70. (a) is or has been an Australian resident; or
    71. (b) is or has been subject to the legislation of Portugal;
    72. and, where applicable, to other persons in regard to the rights they derive from the person described in this Article.
    73. ARTICLE 4
    74. Equality of Treatment
    75. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations regarding eligibil
    76. ARTICLE 5
    77. Voluntary Social Insurance
    78. As soon as an Australian citizen is deemed to be a resident in Portugal that person shall be entitled to register with the voluntary social insurance scheme und
    79. ARTICLE 6
    80. Export of Benefits
    81. 1. Subject to paragraph 4, benefits of one Party are also payable in the territory of the other Party.
    82. 2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Ag
    83. 3. Where qualification for a benefit of one Party is subject to limitations as to time, then reference to that Party in those limitations shall be read also as
    84. 4. Notwithstanding any provision of this Agreement, unemployment benefit under the legislation of Portugal and Portuguese pensions specified in subparagraph 1(b
    85. PART II – COMMON PROVISIONS ON COVERAGE
    86. ARTICLE 7
    87. Application of Legislation
    88. 1. Except as otherwise provided in this Agreement, the persons to whom this Agreement applies shall be covered by:
    89. (a) Portuguese legislation if they are employed or resident in Portugal; or
    90. (b) Australian legislation if they are Australian residents.
    91. 2. Where a person is entitled to claim a benefit under the legislation of a Party that legislation shall also apply to that person.
    92. ARTICLE 8
    93. Decisions on Social Security Coverage
    94. The Competent Authorities will, in accordance with their countries’ respective legislation, decide on the social security coverage to be applied in the best int
    95. PART III PROVISIONS FOR AVOIDING DOUBLE COVERAGE
    96. ARTICLE 9
    97. Purpose of Part
    98. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Portugal or Australia do not have a double liability un
    99. ARTICLE 10
    100. Application of Part
    101. This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties in respect
    102. ARTICLE 11
    103. Diplomatic and Consular Relations
    104. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations
    105. ARTICLE 12
    106. Application of legislation
    107. 1. Unless otherwise provided in paragraphs 2, 4 and 5, if an employee works in the territory of one Party, the employer of the employee and the employee shall i
    108. 2. If an employee:
    109. (a) is covered by the legislation of one Party (‘the first Party’); and
    110. (b) was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the legislation of the first Party to work in the terr
    111. (c) is working in the territory of the second Party in the employment of the employer or a related entity of that employer of the employee; and
    112. (d) was sent to work in the territory of the second Party and a period of 4 years has not elapsed from that time; and
    113. (e) is not working permanently in the territory of the second Party;
    114. the employer and employee shall be subject only to the legislation of the first Party in respect of that work occurring after the commencement of this Part and
    115. 3. For the purposes of subparagraph 2(c), an entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority
    116. 4. Despite anything in paragraph 2:
    117. (a) where an employee is employed in an official administrative service in respect of Portugal and is seconded in the course of that employment to the territory
    118. (b) where an employee is employed in the Government employment in respect of Australia and is seconded in the course of that employment to the territory of Port
    119. 5. If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer of the employee shall in respect of t
    120. ARTICLE 13
    121. Exception agreements
    122. 1. The competent authorities for Australia and Portugal may for the purposes of this Part by agreement in writing:
    123. (a) extend the period of 4 years referred to in subparagraph 2(d) of Article 12 for any employee; or
    124. (b) provide that an employee is taken to work in the territory of a particular Party or to work on a ship or aircraft in international traffic under the legisla
    125. 2. Any agreement made under paragraph 1 may apply to:
    126. (a) a class of employees; and/or
    127. (b) particular work or particular type of work (including work that has not occurred at the time the agreement is made).
    128. PART IV- PROVISIONS RELATING TO BENEFITS
    129. SECTION I - AUSTRALIAN BENEFITS
    130. ARTICLE 14
    131. Residence or Presence in Portugal or a Third State
    132. 1. Where a person would not qualify for a benefit under the legislation of Australia or by virtue of this Agreement only because he or she was not an Australian
    133. (a) is an Australian resident or a resident of Portugal (or a third country with which Australia has implemented an agreement on social security that includes p
    134. (b) is physically in Australia, or in Portugal or that third State;
    135. that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
    136. 2. Paragraph 1 shall not apply to a claimant for a carer payment who has never been an Australian resident.
    137. 3. For the purposes of qualification for a carer payment as defined in this Agreement, which is payable by virtue of this Agreement, a person who is in Portugal
    138. ARTICLE 15
    139. Partner Related Australian Benefits
    140. For the purposes of this Agreement, a person who receives an Australian benefit due to the fact that the partner of that person receives, by virtue of this Agre
    141. ARTICLE 16
    142. Totalisation for Australia
    143. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    144. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for a be
    145. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4; and
    146. (c) a Portuguese insurance period,
    147. then that Portuguese insurance period shall be deemed to be a period in which that person was an Australian resident
    148. - only if that Portuguese insurance period has already been used or can be used at the time of totalisation, to obtain a Portuguese benefit, and
    149. - only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.
    150. 2. For the purposes of paragraph 1, where a person:
    151. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    152. (b) has accumulated a Portuguese insurance period in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph
    153. the total of the Portuguese insurance periods shall be deemed to be one continuous period.
    154. 3. Where a period by a person as an Australian resident and a Portuguese insurance period coincide, the period of coincidence shall be taken into account once o
    155. 4. The period of Australian working life residence (as defined in Article 1) to be taken into account for the purposes of subparagraph 1(b) shall be as follows:
    156. (a) for the purposes of an Australian benefit claimed by a person who is not an Australian resident, the minimum period required shall be 12 months, of which at
    157. (b) for the purposes of an Australian benefit claimed by an Australian resident, there shall be no minimum period of residence in Australia required.
    158. ARTICLE 17
    159. Calculation of Australian Benefits
    160. 1. Subject to paragraphs 2 and 4, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside Australia,
    161. 2. A person referred to in paragraph 1 shall be entitled to receive the concessional assessment of income described in that paragraph only for any period during
    162. 3. The provisions in paragraphs 1 and 2 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    163. 4. When an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is resident in the territory of Portugal, Australia sh
    164. (a) any benefit paid to that person under the legislation specified in subparagraph 1(b)(iii) of Article 2; and
    165. (b) any non-contributory supplement paid to that person by Portugal to bring the amount of that person’s Portuguese benefit to the minimum level guaranteed unde
    166. 5. Subject to paragraph 6, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit sha
    167. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Portuguese benefit or benefits received
    168. (b) deducting the amount of the Portuguese benefit or benefits received by that person from the maximum rate of that Australian benefit; and
    169. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    170. 6. Where a member of a couple is, or both that person and his or her partner are, entitled to a Portuguese benefit or benefits, each of them shall be deemed, fo
    171. 7. The provisions in paragraph 5 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    172. SECTION II – PORTUGUESE BENEFITS
    173. SUB-SECTION I – OLD-AGE, INVALIDITY AND SURVIVORS’ PENSIONS
    174. ARTICLE 18
    175. Totalisation for Portugal
    176. 1. For the purposes of this Agreement, when insurance periods completed under the Portuguese legislation are:
    177. (a) less than the period required for the acquisition, retention or recovery of the right to benefits under that legislation, and
    178. (b) have the duration of at least one calendar year
    179. then the periods of Australian working life residence shall be deemed as Portuguese insurance periods provided that they do not coincide.
    180. 2. For the purposes of this Article the upper age limit for a woman, set in the definition of a period of Australian working life residence in the legislation o
    181. ARTICLE 19
    182. Rules for the Granting of Portuguese Pensions
    183. 1. Subject to paragraph 3, the Portuguese Competent Institution shall determine the rate of Portuguese benefits in accordance with Portuguese legislation and, i
    184. 2. If the total of any pensions paid by both Parties to a person residing in Portugal is less than the minimum pension fixed by Portuguese legislation, the Comp
    185. 3. For the purposes of calculating any supplement to be paid by Portugal to an Australian resident to bring Portuguese benefit paid, other than by virtue of thi
    186. 4. Entitlement to Portuguese pensions paid by virtue of this Agreement shall have regard to occupational activity carried out in the territory of Australia as i
    187. 5. In the assessment of income for the calculation of the rate of a spouse’s supplement under the legislation of Portugal, wife pension payable under the legisl
    188. SUB-SECTION II - OTHER PORTUGUESE BENEFITS
    189. ARTICLE 20
    190. Sickness and Maternity Benefits
    191. Where a person, after his or her last arrival in the territory of Portugal, has accomplished a contribution period under Portuguese legislation for the purposes
    192. ARTICLE 21
    193. Unemployment Benefit
    194. Where a person, after his or her last arrival in the territory of Portugal, has accomplished a contribution period of at least four weeks under Portuguese legis
    195. ARTICLE 22
    196. Family benefits for pensioners
    197. Family allowances for children and young people payable under the legislation of Portugal shall be payable by virtue of this Agreement to pensioners who are res
    198. ARTICLE 23
    199. Pensions for Accidents at Work and Occupational Diseases
    200. 1. Pensions related to incapacity due to work-related accidents or occupational diseases according to Portuguese legislation shall be paid by the competent Port
    201. 2. In order to determine the permanent incapacity rate for work-related accidents or occupational diseases under Portuguese legislation, work-related accidents
    202. PART V- MISCELLANEOUS PROVISIONS
    203. ARTICLE 24
    204. Lodgement of Documents
    205. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Party in a
    206. 2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent In
    207. 3. The reference in paragraph 2 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established b
    208. ARTICLE 25
    209. Determination of Claims
    210. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
    211. (a) a period as an Australian resident and a Portuguese insurance period; and
    212. (b) any event or fact which is relevant to that entitlement,
    213. shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they w
    214. 2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concer
    215. 3. Where:
    216. (a) a benefit is paid or payable by a Party to a person in respect of a past period;
    217. (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and
    218. (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid or payable by the first Party been paid during that period;
    219. then:
    220. the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past p
    221. 4. Where the first Party has not yet paid the arrears of benefit described in paragraph 3 to the person:
    222. (a) that Party shall, at the request of the other Party, pay the amount of the debt described in paragraph 3 to the other Party and shall pay any excess to the
    223. (b) any shortfall in those arrears may be recovered by the other Party.
    224. 5. A reference in paragraph 3 or 4 to a benefit, in relation to Australia, means a pension, benefit or allowance that is payable under the Acts forming the soci
    225. ARTICLE 26
    226. Payment of Benefits
    227. 1. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to g
    228. 2. A Party that imposes restrictions described in paragraph 1 shall inform the other Party of those restrictions within one calendar month of their imposition a
    229. 3. A benefit payable by a Party by virtue of this Agreement to a person outside the territory of that Party shall be paid without deduction for government admin
    230. ARTICLE 27
    231. Exchange of Information and Mutual Assistance
    232. 1. The Competent Authorities shall:
    233. (a) advise each other of laws that amend, supplement or replace the legislation of their respective Parties for the application of this Agreement, promptly afte
    234. (b) advise each other directly of internal action to implement this Agreement and any Administrative Arrangement adopted for its implementation; and
    235. (c) advise each other of any technical problems encountered when applying the provisions of this Agreement or of any Administrative Arrangement made for its imp
    236. 2. The Competent Institutions of both Parties shall:
    237. (a) advise each other of any information necessary for the application of this Agreement or of the respective legislation of the Parties concerning all matters
    238. (b) assist one another in relation to the determination of any benefit under this Agreement or the respective legislation within the limits of and according to
    239. (c) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parti
    240. 3. The assistance referred to in paragraphs 1 and 2 shall be provided free of charge, subject to any Administrative Arrangement made pursuant to Article 28.
    241. 4. Any information about a person which is transmitted in accordance with this Agreement to a Competent Institution shall be protected in the same manner as inf
    242. 5. Notwithstanding any laws or administrative practices of a Party, no information concerning a person which is received by that Party from the other Party shal
    243. 6. In no case shall the provisions of paragraphs 1, 2 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obli
    244. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
    245. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Party.
    246. 7. In the application of this Agreement, the Competent Authority and the Competent Institutions of a Party may communicate with the other in the official langua
    247. 8. In this Article “legislation” means all the laws referred to in Article 2 without any of the restrictions contained in Article 2.
    248. ARTICLE 28
    249. Administrative Arrangements
    250. The Competent Authorities of the Parties shall make whatever administrative arrangements are necessary in order to implement this Agreement.
    251. ARTICLE 29
    252. Resolution of difficulties
    253. 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accor
    254. 2. The Parties shall consult promptly at the request of either Party concerning matters which have not been resolved by the Competent Authorities in accordance
    255. ARTICLE 30
    256. Review of Agreement
    257. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than 6 months after that request was made an
    258. PART VI– TRANSITIONAL AND FINAL PROVISIONS
    259. ARTICLE 31
    260. Transitional Provisions
    261. Where, on the date on which this Agreement enters into force, a person:
    262. (a) is in receipt of a benefit by virtue of the previous Agreement; or
    263. (b) is qualified to receive a benefit by virtue of the previous Agreement and, where a claim for that benefit is required, has claimed that benefit,
    264. no provision of this Agreement shall affect that person’s qualification to receive that benefit.
    265. ARTICLE 32
    266. Entry into force
    267. 1. This Agreement shall enter into force on the first day of the second month following that in which the Parties notify each other through the diplomatic chann
    268. 2. Subject to the provisions of Article 31, the previous Agreement shall terminate on entry into force of this Agreement.
    269. ARTICLE 33
    270. Termination
    271. 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a
    272. 2. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    273. (a) at the date on which termination takes effect, are in receipt of benefits; or
    274. (b) prior to that date have lodged claims for, and would be entitled to receive, benefits,
    275. by virtue of this Agreement or the Agreement signed on 30 April 1991 or
    276. (c) immediately before the date of termination are subject only to the legislation of one Party by virtue of paragraph 2 or 4 of Article 12 provided that the em
    277. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    278. DONE in 2 copies at LISBON this THIRD day of SEPTEMBER, TWO THOUSAND AND ONE in the English and Portuguese languages, both texts being equally authoritative.
    279. FOR AUSTRALIA: FOR THE REPUBLIC OF
    280. PORTUGAL:
    281. JANET GARDINER JOSÉ SIMÕES DE ALMEIDA
    282. [Signatures omitted]
13. Schedule 10 · Austria
    1. Note: See sections 5 and 8.
    2. AGREEMENT
    3. BETWEEN
    4. AUSTRALIA
    5. AND THE
    6. REPUBLIC OF AUSTRIA
    7. ON SOCIAL SECURITY
    8. AUSTRALIA AND THE REPUBLIC OF AUSTRIA,
    9. Wishing to strengthen the existing friendly relations between the two countries,
    10. Considering it appropriate to review and replace the Social Security Agreement between Australia and Austria done on 1 April 1992, the Protocol to the Agreement
    11. And
    12. Resolved to co-operate in the field of social security;
    13. Have agreed as follows:
    14. PART I – GENERAL PROVISIONS
    15. Article 1
    16. Interpretation
    17. 1. In this Agreement:
    18. (a) “national” means, in relation to Australia, an Australian citizen; and, in relation to Austria, an Austrian citizen;
    19. (b) “legislation” means, in relation to Australia, the law specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of th
    20. in relation to Austria, the laws, regulations and statutory instruments which relate to the branches of social security specified in subparagraph 1(b) of Articl
    21. (c) “competent authority” means in relation to Australia, the Secretary of the department responsible for the legislation in subparagraph 1(a)(i) of Article 2 e
    22. in relation to Austria, the Federal Minister responsible for the application of the legislation specified in subparagraph 1(b) of Article 2;
    23. (d) “institution” means, in relation to a Party, the institution or agency responsible for the administration of all or part of that Party’s legislation;
    24. (e) “competent institution” means, in relation to a Party, the institution competent under the legislation of that Party;
    25. (f) “period of Australian working life residence”, in relation to a person, means a period defined as such in the legislation of Australia but does not include
    26. (g) “period of insurance in Austria” means a period of insurance defined as such in the Austrian legislation;
    27. (h) “benefit” means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any addi
    28. (i) “carer payment” means a carer payment payable to a person who is caring for that person’s partner who is in receipt of an Australian disability support pens
    29. (j) “widowed person” means, in relation to Australia, a person who stops being a partnered person because of the death of the person’s partner but does not incl
    30. (k) “refugee” means a person defined as a refugee in Article 1 of the Convention relating to the Status of Refugees, dated 28 July 1951, and the Protocol to tha
    31. (l) “stateless person” means a person defined as a stateless person in Article 1 of the Convention relating to the Status of Stateless Persons, dated 28 Septemb
    32. (m) “Australia” means Australia as defined in the legislation of Australia;
    33. (n) “Austria” means the Republic of Austria;
    34. (o) “Government” for the purposes of Article 9 includes, in relation to Australia, a political subdivision or local authority of Australia;
    35. (p) “Party” means Australia or Austria as the context requires.
    36. 2. In the application of this Agreement, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it by t
    37. Article 2
    38. Legislative Scope
    39. 1. Subject to paragraph 2, this Agreement shall apply to:
    40. (a) in relation to Australia:
    41. (i) the Acts forming the social security law insofar as the law provides for, applies to, or affects the following benefits:
    42. (A) age pension;
    43. (B) disability support pension;
    44. (C) carer payment;
    45. (D) benefits payable to widowed persons; and
    46. (E) double orphan pension.
    47. (ii) with regard to Part II only, the law concerning the superannuation guarantee: the Superannuation Guarantee (Administration) Act 1992, the Superannuation Gu
    48. (b) in relation to Austria:
    49. (i) the legislation concerning pension insurance with the exception of the insurance for notaries; and
    50. (ii) with regard to Part II only, the legislation concerning sickness insurance and accident insurance.
    51. 2. Except as otherwise provided in paragraph 3 this Agreement shall also apply to any legislation which supersedes, replaces, amends, supplements or consolidate
    52. 3 Notwithstanding the provisions of paragraph 1, the legislation of Australia shall not include treaties or other international agreements on social security th
    53. Article 3
    54. Personal Scope
    55. This Agreement shall apply without any restriction based on nationality to any person who:
    56. (a) is or has been an Australian resident; or
    57. (b) is or has been subject to the Austrian legislation,
    58. and where applicable, to any other person with respect to the rights he or she derives from such a person described in subparagraph (a) or (b).
    59. Article 4
    60. Equality of Treatment
    61. 1. Unless otherwise provided in this Agreement, the following persons shall, in the application of the legislation of one Party, receive equal treatment with th
    62. (a) nationals of the other Party;
    63. (b) refugees, ordinarily resident in the territory of one Party;
    64. (c) stateless persons, ordinarily resident in the territory of one Party.
    65. 2. Benefits under the legislation of one Party shall be granted to nationals of the other Party resident outside the territories of both Parties, under the same
    66. 3. In relation to Austria paragraph 1 shall also apply to any person covered by the principle of free movement under EU-law.
    67. 4. Paragraph 1 shall not apply to the provisions of the Austrian legislation concerning the apportionment of insurance burdens resulting from agreements with th
    68. 5. Paragraph 1 shall apply with regard to the provisions of Austrian legislation concerning the taking into account of periods of war service and of periods con
    69. Article 5
    70. Equivalence of Territories
    71. 1. Unless otherwise provided in this Agreement, any provision of the legislation of one Party which requires that entitlement to or the payment of benefits is d
    72. 2. Benefits of a Party are payable at the request of the beneficiary in the territory of the other Party.
    73. 3. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Ag
    74. 4. In relation to Australia:
    75. (a) Paragraph 1 shall not apply to any additional amount, increase or supplement such as rent assistance which is intended to assist Australian pensioners with
    76. (b) Paragraph 1 shall not apply to a claimant for a carer payment who has never been an Australian resident.
    77. (c) Where qualification for an Australian benefit is subject to limitations as to time, then references to Australia in those limitations shall be read also as
    78. (d) Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Austra
    79. (i) is an Australian resident or residing in the territory of Austria or a third State with which Australia has concluded an agreement on social security that i
    80. (ii) is in Australia, or in the territory of Austria or that third State
    81. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian res
    82. (e) Where a double orphan pension would be payable to a person under the legislation of Australia, in respect of a young person whose sole surviving parent died
    83. 5. As regards the Austrian legislation, paragraph 1 shall not apply to the compensatory supplement (Ausgleichszulage).
    84. 6. Australian legislation which provides for, applies to or affects disability support pension for a person who is not severely disabled shall not be affected b
    85. 7. Notwithstanding anything else in this Article, Australian disability support pension shall not be payable for longer than the period specified in the social
    86. PART II – PROVISIONS RELATING TO APPLICABLE LEGISLATION
    87. Provisions relating to applicable legislation
    88. Article 6
    89. General provisions
    90. 1. Subject to Articles 7 to 10 a person who is employed or self-employed in the territory of one Party shall be subject only to the legislation of that Party wi
    91. 2. In relation to Australia, a reference in this Part to an employee also includes their employer, in respect of work of the employee or remuneration paid for t
    92. Article 7
    93. Special Provisions
    94. 1. An employed person who, usually is employed by an employer with an office in the territory of one of the Parties, is posted by this employer to the territory
    95. 2. For the purposes of paragraph 1 an entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned
    96. Article 8
    97. Members of Diplomatic Missions and Consular Posts
    98. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 or the Vienna Convention on Consular Relations
    99. Article 9
    100. Government Officials
    101. Government officials and equivalent personnel who are sent by the government of a Party to the territory of the other Party are subject only to the legislation
    102. Article 10
    103. Exceptions
    104. In the interest of certain persons or certain categories of persons covered by this Part, the competent authorities can, by agreement in writing, specify except
    105. PART III – PROVISIONS CONCERNING AUSTRALIAN BENEFITS
    106. Article 11
    107. Totalisation for Australian benefits
    108. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has, without the application of this Agreement, accu
    109. (a) a period as an Australian resident that is less than the period required to qualify him or her, on that ground, under the legislation of Australia for a ben
    110. (b) a period of Australian working life residence equal to or greater than the minimum period identified in accordance with paragraph 4 for that person
    111. and has accumulated a period of insurance in Austria, then for the purposes of a claim for that Australian benefit, that period of insurance in Austria shall be
    112. 2. For the purposes of paragraph 1, where a person:
    113. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    114. (b) has accumulated a period of insurance in Austria in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagr
    115. the total of the periods of insurance in Austria shall be deemed to be one continuous period.
    116. 3. For all purposes of this Article, where a period by a person as an Australian resident and a period of insurance in Austria coincide, the period of coinciden
    117. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    118. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period shall be twelve months of which
    119. (b) for the purposes of an Australian benefit that is payable to an Australian resident, no minimum.
    120. 5. For the purposes of a claim by a person for a pension payable to a widowed person, that person shall be deemed to have accumulated a period of insurance in A
    121. Article 12
    122. Calculation of Australian Benefits
    123. 1. Subject to paragraph 2, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside the territory of A
    124. 2. A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during
    125. 3. Where an Australian benefit is payable by virtue of this Agreement or otherwise to a person who is in Austria, any compensatory supplement or social assistan
    126. 4. Subject to the provisions of paragraph 5, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate o
    127. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Austrian benefit received by that person
    128. (b) deducting the amount of the Austrian benefit received by that person from the maximum rate of that Australian benefit; and
    129. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    130. 5. Where the rate of a benefit calculated in accordance with paragraph 4 is less than the rate of that benefit which would be payable under paragraphs 1, 2 and
    131. 6. The provisions in paragraphs 4 and 5 shall continue to apply for 26 weeks where a person temporarily leaves Australia.
    132. 7. Where a member of a couple is, or both that person and his or her partner are, in receipt of an Austrian benefit or benefits, each of them shall be deemed, f
    133. 8. For the purposes of paragraph 5, a comparison of the rates of the benefits shall be made as at:
    134. (a) the date of the first pension pay day occurring after the date from which the benefit is payable; and
    135. (b) each anniversary of that pension pay day for so long as the person concerned is entitled to the benefit;
    136. using, in that comparison, the number of months of the period of Australian working life residence accumulated by the person at the date as at which the compari
    137. 9. In paragraphs 1 and 4 of this Article references to Australian benefits do not include double orphan pension.
    138. PART IV – PROVISIONS CONCERNING AUSTRIAN BENEFITS
    139. Article 13
    140. Totalisation for Austrian benefits
    141. 1. Where the Austrian legislation makes the acquisition, maintenance or recovery of entitlement to benefits conditional upon the completion of periods of insura
    142. 2. Where the Austrian legislation makes the award of certain benefits conditional upon the completion of periods of insurance in Austria in an occupation covere
    143. 3. Where the Austrian legislation provides that the period of payment of a pension shall prolong the reference period during which periods of insurance in Austr
    144. 4. Periods of Australian working life residence, during which the person concerned was employed or self-employed, shall be treated as periods of contributions o
    145. 5. The periods of coverage of a person completed in a third country, with which Austria has a Social Security Agreement of the same kind, shall also be taken in
    146. Article 14
    147. Calculation of Austrian Benefits
    148. 1. Where entitlement to a benefit exists under the Austrian legislation without the application of Article 13, the competent Austrian institution shall determin
    149. 2. Where entitlement to a benefit exists under Austrian legislation only by totalising periods under Article 13, the competent institution for Austria shall det
    150. 3. As an exception from paragraph 2 of this Article, child raising periods shall be taken into account for the determination of the benefit only in accordance w
    151. 4. Where the periods of insurance in Austria to be taken into account under the Austrian legislation for the calculation of the benefit are in aggregate less th
    152. PART V – MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    153. Article 15
    154. Lodgement of Documents
    155. 1. The date on which a claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Party is lodged with an authority
    156. 2. The date on which a claim for a benefit under the legislation of a Party is lodged with the competent institution of that Party shall be considered to be the
    157. (a) the applicant provides information at the time of the original claim indicating that the person on whose record benefits are claimed has completed relevant
    158. (b) a claim for the corresponding benefit is received by the competent institution of the other Party within 12 months of the lodgement of the original claim.
    159. 3. In the case to which paragraphs 1 and 2 of this Article apply, the body to which the submission has been made shall forward the claim, notice or appeal witho
    160. Article 16
    161. Advance Payments and Overpayments
    162. 1. Where an Austrian institution has made an advance payment to a person for any period and arrears of a corresponding benefit become payable for the same perio
    163. 2. Where
    164. (a) an Austrian benefit is paid or payable to a person in respect of a past period;
    165. (b) for all or part of that period, an Australian benefit has been paid to that person; and
    166. (c) the amount of the Australian benefit would have been reduced had the Austrian benefit been paid during that period;
    167. then
    168. (d) the amount of the Australian benefit that would not have been paid had the Austrian benefit described in subparagraph (a) been paid on a periodical basis th
    169. (e) Australia may determine according to the legislation of Australia that the amount or any part of that debt may be deducted from future payments of Australia
    170. 3. Where an Austrian institution has not yet paid the benefit described in subparagraph 2(a) to the person:
    171. (a) the Austrian institution shall, at the request of the competent authority of Australia pay the amount of the benefit necessary to meet the debt described in
    172. (b) any shortfall may be recovered by the competent authority of Australia under subparagraph 2(e).
    173. Article 17
    174. Payment of Benefits
    175. 1. The benefit-paying institution of a Party may discharge its obligations under this Agreement in the national currency of that Party.
    176. 2. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party without deduction for administrative fees and charges.
    177. Article 18
    178. Administrative Arrangements and Mutual Assistance
    179. 1. The competent authorities of the Parties shall, by means of an Arrangement, establish the administrative measures necessary for the application of this Agree
    180. 2. The competent authorities shall inform each other of laws that amend, supplement or replace the legislation of their respective Parties.
    181. 3. The competent authorities and institutions of the Parties shall assist each other, including by the communication of any information, in applying the legisla
    182. 4. The competent authorities of the Parties shall, in order to facilitate the application of this Agreement, particularly for the creation of a simple and fast
    183. 5. The institutions and the competent authority of one Party may not reject claims or other documents submitted to them by reason only of the fact that they are
    184. 6. If the competent institution of one Party requires an applicant or beneficiary who lives in the territory of the other Party to undergo a medical examination
    185. Article 19
    186. Exemption from Taxes and from Authentication
    187. 1. Any exemption or reduction provided for in the legislation of one Party for taxes, stamp duty, legal dues or registration fees for certificates or documents
    188. 2. Documents and certificates of any kind which must be submitted for the application of this Agreement shall not require authentication.
    189. Article 20
    190. Data Protection
    191. 1. Insofar as personal data is communicated pursuant to this Agreement and is subject to domestic laws of the Parties, the following provisions shall apply, tak
    192. (a) For the implementation of this Agreement and the legislation referring thereto personal data may be communicated to the competent bodies of the receiving Pa
    193. (b) Any personal data communicated in whatsoever form between the responsible authorities, institutions or any other bodies concerned pursuant to this Agreement
    194. (c) In specific cases the receiving body shall give information upon request of the communicating body about both the use of the personal data received and the
    195. (d) The communicating body shall ensure that personal data communicated pursuant to this Agreement is accurate and up-to-date. Before initiating any communicati
    196. (e) A person whose personal data has been communicated pursuant to the Agreement, who proves their identity in an appropriate manner, shall, upon request of tha
    197. (f) The Parties shall provide every data subject whose rights to information, correction and deletion have been violated with the right to have the matter decid
    198. (g) Personal data communicated shall be deleted, if found to be inaccurate, or unlawfully obtained or communicated, or if lawfully communicated data are to be d
    199. (h) Both the communicating body and the receiving body shall record the reason, contents and date of any communication or receipt of personal data as well as th
    200. (i) Both the communicating body and the receiving body shall effectively protect communicated personal data against accidental or unauthorised destruction, acci
    201. 2. The provisions of paragraph (1) of this Article shall apply accordingly to trade and business secrets.
    202. Article 21
    203. Resolution of Difficulties
    204. 1. Disagreements arising in connection with the application of this Agreement shall, as far as possible, be resolved by mutual agreement between the competent a
    205. 2. If any such disagreement has not been resolved within a period of six months, either Party may submit the matter to binding arbitration by an arbitral body w
    206. 3. Paragraph 2 does not apply in relation to the application of Part II of this Agreement.
    207. PART VI – TRANSITIONAL AND FINAL PROVISIONS
    208. Article 22
    209. Transitional Provisions
    210. 1. This Agreement shall not establish any entitlement to payment of a benefit for a period before its entry into force.
    211. 2. In determining entitlement to a benefit under this Agreement, periods of insurance in Austria and periods as an Australian resident completed before the entr
    212. 3. Subject to paragraph 1, this Agreement shall also apply to contingencies which are relevant to an entitlement which occurred before its entry into force, ins
    213. 4. Subject to this Agreement, when this Agreement comes into force, the previous Agreement shall terminate in accordance with Article 24 and persons who were re
    214. 5. Where, on the date on which this Agreement enters into force, a person:
    215. (a) is in receipt of a benefit by virtue of the previous Agreement; or
    216. (b) is qualified to receive a benefit referred to in subparagraph (a) and,
    217. where a claim for that benefit is required, has claimed that benefit,
    218. no provision of this Agreement shall affect that person’s qualification to receive that benefit and the rate of that benefit.
    219. Article 23
    220. Protection of Existing Rights
    221. This Agreement shall not affect any existing rights under Austrian legislation of any person who has suffered disadvantages in the field of social security beca
    222. Article 24
    223. Entry into Force and Termination
    224. 1. This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Parties through the diploma
    225. 2. Subject to paragraph 3, this Agreement shall remain in force until the expiration of twelve calendar months following the month in which either Party receive
    226. 3. In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to all persons who:
    227. (a) at the date of termination, are in receipt of benefits; or
    228. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits;
    229. by virtue of this Agreement.
    230. 4. The entry into force of this Agreement shall terminate:
    231. a) the Agreement between Australia and the Republic of Austria on Social Security done at Canberra on the first day of April 1992, as amended by the Protocol do
    232. b) the Administrative Arrangement for the application of the Agreement between Australia and the Republic of Austria on Social Security signed at Canberra on th
    233. 5. In the event that this Agreement is terminated, Part II of this Agreement shall continue to have effect in relation to all persons who, immediately before th
    234. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    235. DONE in two copies at Canberra this twelfth day of August 2015 in the English and German languages, each text being equally authoritative.
    236. For Australia: For the Republic of Austria: The Hon. Scott John Morrison MP, Minister for Social Services Helmut Böck Ambassador Extraordinary and Plenipotentia
14. Schedule 11 · Cyprus
    1. Note: See section 5.
    2. AGREEMENT ON SOCIAL SECURITY between AUSTRALIA and THE REPUBLIC OF CYPRUS
    3. AUSTRALIA AND THE REPUBLIC OF CYPRUS,
    4. Wishing to strengthen the existing friendly relations between the two countries, and
    5. Resolved to coordinate their social security systems;
    6. Have agreed as follows:
    7. PART I—GENERAL PROVISIONS
    8. ARTICLE 1
    9. Definitions
    10. 1. In this Agreement, unless the context otherwise requires:
    11. (a) “benefit” means in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any addit
    12. (b) “carer pension” means a carer pension payable to the partner of a person who is in receipt of a disability support pension for the severely disabled or an a
    13. (c) “Competent Authority” means;
    14. in relation to Australia:
    15. the Secretary to the Department of Social Security; and,
    16. in relation to Cyprus:
    17. the Minister of Labour and Social Insurance;
    18. (d) “Competent Institution” means;
    19. in relation to Australia:
    20. the Department of Social Security; and,
    21. in relation to Cyprus:
    22. the Department of Social Insurance Services, Ministry of Labour and Social Insurance;
    23. (e) “legislation” means the laws specified in Article 2;
    24. (f) “period of Australian working life residence”, in relation to a person, means a period defined as such in the legislation of Australia;
    25. (g) “period of insurance” means a period for which contributions have been paid or credited or a period of paid or credited insurable earnings under the legisla
    26. (h) “territory” means;
    27. in relation to Australia:
    28. Australia as defined in the legislation of Australia; and
    29. in relation to Cyprus:
    30. the island of Cyprus;
    31. (i) “welfare benefit” means, in relation to Cyprus, any benefit payable under the Public Assistance Law of 1991 and any law to provide a similar means tested be
    32. and
    33. (j) “widow” means, in relation to Australia, a de jure widow but does not include a woman who has a partner.
    34. 2. In the application by a Party of this Agreement in relation to a person, any term not defined in this Article shall, unless the context otherwise requires, h
    35. ARTICLE 2
    36. Legislative Scope
    37. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
    38. (a) in relation to Australia: the Social Security Act 1991 in so far as the Act provides for, applies to or affects the following benefits:
    39. (i) age pension;
    40. (ii) disability support pension for the severely disabled;
    41. (iii) pensions payable to widows;
    42. (iv) widowed person allowance; and
    43. (v) carer pension; and
    44. (b) in relation to Cyprus: the Social Insurance Laws of 1980 to 1990 in so far as the Laws provide for, apply to or affect social insurance benefits for:
    45. (i) age;
    46. (ii) invalidity and work-related disablement;
    47. (iii) survivorship; and
    48. (iv) funerals.
    49. 2. Notwithstanding the provisions of paragraph 1, neither the legislation of Australia nor the legislation of Cyprus shall include any laws made at any time for
    50. 3. This Agreement shall apply to laws which extend the legislation of either Party to new categories of beneficiaries only if the two Parties so agree in a Prot
    51. ARTICLE 3
    52. Personal Scope
    53. This Agreement shall apply to any person who:
    54. (a) is or has been an Australian resident; or
    55. (b) is or has been subject to the legislation of Cyprus,
    56. and, where applicable, to other persons in regard to the rights they derive from the person described above.
    57. ARTICLE 4
    58. Equality of Treatment
    59. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whethe
    60. ARTICLE 5
    61. Application of the Legislation of Cyprus
    62. 1. Subject to the following paragraphs, where a person to whom this Agreement applies is gainfully occupied in the territory of Cyprus the person’s liability to
    63. 2. Where a person insured under the legislation of Cyprus is sent by an employer to work temporarily in Australia the person shall continue to be subject to the
    64. 3. A person who is employed as a member of the crew of a seagoing ship flying the Cyprus flag shall be subject to the legislation of Cyprus if the person is ord
    65. 4. Subject to the provisions of paragraph 5, a person employed by the Government or other public corporation of Cyprus sent by that Government or corporation to
    66. 5. This Article does not apply to any person who falls within the scope of the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Re
    67. 6. The Competent Authorities of the two Parties may provide, by agreement with one another, exceptions to the provisions of this Article where this is in the in
    68. 7. Where in accordance with the provisions of this Article a person is insured under the legislation of Cyprus while gainfully occupied in Australia, that legis
    69. PART II—PROVISIONS RELATING TO BENEFITS
    70. AUSTRALIAN BENEFITS
    71. ARTICLE 6
    72. Residence or Presence in Cyprus or a Third State
    73. 1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except for not being an Australian resident
    74. (a) is an Australian resident or residing in the territory of Cyprus or a third State with which Australia has concluded an agreement on social security that in
    75. (b) is in Australia, or the territory of Cyprus or that third State,
    76. that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
    77. 2. Paragraph 1 shall not apply to a claimant for a carer pension who has never been an Australian resident.
    78. ARTICLE 7
    79. Partner related Australian Benefits
    80. A person who receives from Australia any Australian pension, benefit or allowance under the social security laws of Australia due to the fact that the partner o
    81. ARTICLE 8
    82. Totalisation for Australia
    83. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    84. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for a be
    85. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 5 for that person; and
    86. (c) a period of insurance;
    87. then for the purposes of a claim for that Australian benefit, that period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying
    88. 2. For the purposes of paragraph 1, where a person:
    89. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    90. (b) has accumulated a period of insurance in two or more separate periods that equals or exceeds in total the period referred to in subparagraph (a),
    91. the total of the periods of insurance shall be deemed to be one continuous period.
    92. 3. For the purposes of converting a person’s period of insurance to a period when that person was an Australian resident:
    93. (a) each week of insurance completed before 6 October 1980 under the legislation of Cyprus shall be treated as a week when that person was an Australian residen
    94. (b) the insurable earnings for any period of insurance completed from 6 October 1980 under the legislation of Cyprus shall be divided by the weekly amount of th
    95. 4. For all purposes of this Article, where a period by a person as an Australian resident and a period of insurance coincide, the period of coincidence shall be
    96. 5. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    97. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    98. (b) for the purposes of an Australian benefit that is payable to an Australian resident no minimum period shall be required.
    99. ARTICLE 9
    100. Calculation of Australian Benefits
    101. 1. Subject to paragraph 2, where an Australian benefit is payable, whether by virtue of this Agreement or otherwise, to a person who is outside Australia, the r
    102. 2. Only a person receiving a proportionalised Australian benefit under the legislation of Australia shall be entitled to receive the concessional assessment of
    103. 3. Where an Australian benefit is payable, whether payable by virtue of this Agreement or otherwise, to a person who is a resident of Cyprus, Australia shall di
    104. 4. Subject to the provisions of paragraph 5, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate o
    105. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Cyprus benefit received by that person;
    106. (b) deducting the amount of the Cyprus benefit received by that person from the maximum rate of that Australian benefit; and
    107. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    108. 5. Where a member of a couple is, or both that member and his or her partner are, in receipt of a Cyprus benefit or benefits, each of them shall be deemed, for
    109. 6. If a person would receive an Australian benefit except for the operation of paragraph 4 or except for that person’s failure to claim the benefit, then for th
    110. 7. The reference in paragraph 6 to a payment under the legislation of Australia to the partner of a person is a reference to a payment of any pension, benefit o
    111. PART III—PROVISIONS RELATING TO CYPRUS BENEFITS
    112. ARTICLE 10
    113. Totalisation for Cyprus
    114. 1. Subject to paragraph 4, if a person is not entitled to benefit on the basis of insurance periods completed under the legislation of Cyprus alone entitlement
    115. 2. In applying the provisions of paragraph 1, no account shall be taken of any period of working life residence in Australia completed prior to 7 January 1957.
    116. 3. For the purposes of this Article where a period of insurance and a period of Australian working life residence coincide, the period of coincidence shall be t
    117. 4. Paragraph 1 shall not apply if the period of insurance is less than 52 weeks, except where the required period of insurance for entitlement to a benefit unde
    118. 5. For the purpose of converting a period of Australian working life residence into a period of insurance under the legislation of Cyprus, a person shall be tre
    119. ARTICLE 11
    120. Calculation of Cyprus Benefits
    121. 1. Subject to paragraph 2, the amount of benefit payable under the provisions of Article 10 shall be determined as follows:
    122. (a) the Competent Institution of Cyprus shall calculate the theoretical basic benefit that would be payable if the periods of insurance completed under the legi
    123. (b) it shall then prorate the theoretical basic benefit so calculated by the fraction which represents the ratio of the insurance periods completed under the le
    124. (c) the amount of the supplementary benefit shall be determined exclusively on the basis of periods of insurance completed under the legislation of Cyprus.
    125. 2. The amount of the funeral benefit payable under the legislation of Cyprus shall be calculated as if the periods of residence, which are taken into account as
    126. ARTICLE 12
    127. Work-related disablement
    128. 1. Subject to paragraph 2, pensions for work-related disablement under the legislation of Cyprus shall be paid by virtue of this agreement in respect of disable
    129. 2. The rate of a pension for work-related disablement paid by virtue of this Agreement shall be calculated as if the impairment which qualified a person for a b
    130. PART IV—MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    131. ARTICLE 13
    132. Lodgement of Documents
    133. 1. A claim, notice or appeal concerning a benefit, whether payable by a Party by virtue of this Agreement or otherwise, may be lodged in the territory of the ot
    134. 2. For the purposes of assessing entitlement to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent I
    135. 3. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an admini
    136. ARTICLE 14
    137. Determination of Claims
    138. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
    139. (a) a period as an Australian resident and a period of insurance; and
    140. (b) any event or fact which is relevant to that entitlement,
    141. shall, subject to this Agreement, be taken into account in so far as those periods, events or facts are applicable in regard to that person no matter when they
    142. 2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concer
    143. 3. Where:
    144. (a) a benefit payable by virtue of this Agreement by one of the Parties is claimed or is being paid; and
    145. (b) there are reasonable grounds for believing that the claimant may also be entitled, whether by virtue of this Agreement or otherwise, to a benefit from the o
    146. that first mentioned benefit shall not be paid or continue to be paid until a claim is duly lodged for payment of the benefit from the other Party or if the cla
    147. 4. Where:
    148. (a) a benefit is paid or payable by a Party to a person in respect of a past period; and
    149. (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and
    150. (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid or payable by the first Party been paid during that period;
    151. then
    152. (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that pa
    153. (e) the other Party may determine that the amount or any part of that debt may be deducted from future payments of a benefit payable by that Party to that perso
    154. 5. Where the first Party has not yet paid the benefit described in subparagraph 4(a) to the person:
    155. (a) that Party shall, at the request of the other Party, pay the amount of the benefit necessary to meet the debt described in subparagraph 4(d) to the other Pa
    156. (b) any shortfall may be recovered by the other Party under subparagraph 4(e).
    157. 6. The Competent Institution receiving a request under paragraph 5 shall transfer the amount of the debt to the Competent Institution making the request.
    158. 7. A reference in paragraphs 3, 4 and 5 to a benefit, in relation to Australia, means a pension, benefit or allowance payable under the social security laws of
    159. ARTICLE 15
    160. Payment of Benefits
    161. 1. Benefits of one Party, when payable by virtue of this Agreement, are also payable in the territory of the other Party.
    162. 2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Ag
    163. 3. Subject to Article 7, where qualification for a benefit of one Party is subject to limitations as to time, then references to that Party in those limitations
    164. 4. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to g
    165. 5. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party without deduction for government administrative fees and charges for pro
    166. 6. Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required
    167. ARTICLE 16
    168. Exchange of Information and Mutual Assistance
    169. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement:
    170. (a) shall communicate to each other any information necessary for the application of this Agreement;
    171. (b) shall lend their good offices and furnish assistance to one another, including the communication to each other of any necessary information, with regard to
    172. (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about change
    173. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parti
    174. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any Administrative Arrangement made pursuant to Article 17.
    175. 3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Comp
    176. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Institution of a Party the obligation:
    177. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
    178. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Party.
    179. 5. In the application of this Agreement, the Competent Authority and the Institutions of a Party may communicate with the Competent Authority and the Institutio
    180. ARTICLE 17
    181. Administrative Arrangement
    182. The Competent Authorities of the Parties shall make whatever Administrative Arrangement is necessary in order to implement this Agreement.
    183. ARTICLE 18
    184. Resolution of difficulties
    185. 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accor
    186. 2. The Parties shall consult promptly at the request of either concerning matters which have not been resolved by the Competent Authorities in accordance with p
    187. ARTICLE 19
    188. Review of Agreement
    189. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than 6 months after that request was made an
    190. PART V—TRANSITIONAL AND FINAL PROVISIONS
    191. ARTICLE 20
    192. Entry Into Force and Termination
    193. 1. This Agreement shall enter into force on the first day of the second month after an exchange of notes by the Parties through the diplomatic channel notifying
    194. 2. Subject to paragraph 3, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a
    195. 3. In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to all persons who:
    196. (a) at the date of termination, are in receipt of benefits; or
    197. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits,
    198. by virtue of this Agreement.
    199. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    200. DONE in two copies at Nicosia this twelfth day of May 1992,
    201. in the English and Greek languages.
    202. DAVID SIMMONS I ARISTIDOU
    203. FOR AUSTRALIA FOR THE REPUBLIC OF CYPRUS
15. Schedule 12 · Denmark
    1. Note: See section 5.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE KINGDOM OF DENMARK ON SOCIAL SECURITY
    3. AUSTRALIA AND THE KINGDOM OF DENMARK,
    4. WISHING to strengthen the existing friendly relations between the two countries, and
    5. RESOLVED to co-ordinate their social security systems;
    6. HAVE AGREED as follows:
    7. PART I—GENERAL PROVISIONS
    8. ARTICLE 1
    9. Definitions
    10. 1. In this Agreement, unless the context otherwise requires:
    11. (a) “territory” means:
    12. in relation to Australia:
    13. Australia as defined in the legislation of Australia; and
    14. in relation to the Kingdom of Denmark:
    15. its national territory, with the exception of Greenland and the Faroe Islands;
    16. (b) “legislation” means:
    17. in relation to Australia:
    18. the laws specified in subparagraph 1(a) of Article 2; and
    19. in relation to Denmark:
    20. the laws specified in subparagraph 1(b) of Article 2;
    21. (c) “benefit” means in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any addit
    22. (d) “Competent Authority” means;
    23. in relation to Australia:
    24. the Secretary to the Department responsible for the application of the legislation in subparagraph 1(a) of Article 2; and
    25. in relation to Denmark:
    26. the Minister of Social Affairs;
    27. (e) “Competent Institution” means;
    28. in relation to Australia:
    29. the institution responsible for the administration of the legislation; and
    30. in relation to Denmark:
    31. the institution responsible for providing benefits;
    32. (f) “period of Australian working life residence” means, in relation to a person, a period defined as such in the legislation of Australia, but does not include
    33. (g) “residence” means, as regards Denmark, habitual residence which is lawfully established; and
    34. (h) “widowed person” means, in relation to Australia, a person who stops being a member of a couple because of the death of the person’s partner but does not in
    35. 2. Any term not defined in this Article has the meaning assigned to it in the applicable legislation.
    36. ARTICLE 2
    37. Legislative Scope
    38. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
    39. (a) in relation to Australia: the Social Security Act 1991 in so far as the Act provides for, applies to or affects the following benefits:
    40. (i) age pension;
    41. (ii) disability support pension for severely disabled persons; and
    42. (iii) parenting payment for widowed persons; and
    43. (b) in relation to Denmark:
    44. (i) the Social Pensions Act and the regulations made thereunder; and
    45. (ii) the Labour Market Supplementary Pension (ATP) Act and the regulations made thereunder.
    46. 2. Notwithstanding the provisions of paragraph 1, the legislation of Australia shall not include any laws made at any time for the purpose of giving effect to a
    47. 3. This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries only if no objection on the part
    48. ARTICLE 3
    49. Personal Scope
    50. This Agreement shall apply to any person who:
    51. (a) in the case of Australia:
    52. (i) is or has been an Australian resident; or
    53. (ii) is or has been a Danish resident;
    54. (b) in the case of Denmark is an Australian or Danish national,
    55. and, where applicable, to other persons in regard to the rights derived from the persons referred to in paragraphs (a) and (b) above.
    56. PART II—EQUALITY OF TREATMENT AND EXPORT OF BENEFITS
    57. ARTICLE 4
    58. Equality of Treatment
    59. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whethe
    60. ARTICLE 5
    61. Payment of Benefits Abroad
    62. 1. Subject to other provisions of this Agreement, benefits of one Party are also payable in the territory of the other Party.
    63. 2. Where qualification for a benefit of one Party is subject to limitations as to time, then reference to that Party in those limitations shall be read also as
    64. 3. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to g
    65. 4. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party without deduction for government administrative fees and charges for pro
    66. 5. Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required
    67. 6. A pension under the Social Pensions Act shall be payable to an Australian national resident in the territory of Australia only if the person concerned has be
    68. 7. For the purpose of paragraph 6 of this article, the following provisions shall apply:
    69. (a) where membership contributions have been paid for one year in respect of a person covered by the Labour Market Supplementary Pension (ATP) Act as a result o
    70. (b) where a person establishes that he or she was employed in the territory of Denmark for any period before 1 April 1964, that period shall also be accepted; a
    71. (c) where a person establishes that he or she was self-employed in the territory of Denmark for any period, that period shall also be accepted.
    72. 8. Where the conditions specified in paragraph 6 of this Article have not been met, a pension awarded to an Australian national residing in the territory of Den
    73. 9. The following supplements, allowances and benefits under the Social Pensions Act, shall be payable to a national of a Party resident outside the territory of
    74. (a) pensions supplement
    75. (b) personal allowance
    76. (c) outside assistance allowance
    77. (d) constant attendance allowance
    78. (e) disability benefit.
    79. 10. Notwithstanding any other provision of this Agreement, periods of residence in the territory of Denmark prior to April 1, 1957 shall not be taken into accou
    80. 11. The rights under this Article shall not apply to rent assistance or pharmaceutical allowance.
    81. PART III—PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    82. ARTICLE 6
    83. Residence or Presence in the Territory of Denmark
    84. 1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except for not being an Australian resident
    85. (a) is an Australian resident or residing in the territory of Denmark; and
    86. (b) is in Australia, or the territory of Denmark,
    87. that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
    88. 2. Paragraph 1 shall not apply to a person who is a claimant for a parenting payment.
    89. ARTICLE 7
    90. Totalisation for Australia
    91. 1. Subject to paragraph 3, where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    92. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for a be
    93. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 2 for that person;
    94. and has accumulated a period of residence in Denmark, within the qualifying period specified in the Social Pensions Act, then for the purposes of a claim for th
    95. 2. The minimum period to be taken into account for the purposes of subparagraph 1(b) shall be as follows:
    96. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period of Australian working life resid
    97. (b) for the purposes of an Australian benefit that is payable to an Australian resident, no minimum is required.
    98. 3. Periods of Australian working life residence prior to April 1, 1957 and periods of residence in the territory of Denmark prior to April 1, 1957 shall not be
    99. ARTICLE 8
    100. Calculation of Australian Benefit
    101. 1. Subject to paragraph 2, where an Australian benefit is payable, whether by virtue of this Agreement or otherwise, to a person who is outside Australia, the r
    102. 2. A person referred to in paragraph 1 shall only be entitled to receive the assessment of income described in that paragraph for any period during which the ra
    103. 3. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise, to a person who is residing in Denmark, Australia shall disregard,
    104. 4. As soon as it is practicable after the exchange of letters in which Danish payments are mutually determined for the purposes of paragraph 3, the Minister adm
    105. 5. Subject to the provisions of paragraph 6, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate o
    106. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Danish benefit received by that person;
    107. (b) deducting the amount of the Danish benefit received by that person from the maximum rate of that Australian benefit; and
    108. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    109. 6. Where a member of a couple is, or both that person and his or her partner are, in receipt of a Danish benefit or benefits, each of them shall be deemed, for
    110. 7. If a person would receive an Australian benefit except for the operation of paragraph 5 or except for that person’s failure to claim the benefit, then for th
    111. PART IV—PROVISIONS RELATING TO DANISH BENEFITS
    112. ARTICLE 9
    113. General Provisions Governing Residence
    114. 1. For the purposes of this Article, the provisions of the Danish legislation that require a person to be permanently resident in the territory of Denmark befor
    115. 2. Australian nationals shall be entitled to an anticipatory pension provided that in the qualifying period laid down in the Social Pensions Act they have been
    116. 3. Entitlement to anticipatory pension awarded for social reasons in respect of Australian nationals shall be subject to the additional condition that they have
    117. 4. Notwithstanding Article 4 of this Agreement, a Danish national resident in the territory of Australia shall not be entitled to the award of an anticipatory p
    118. ARTICLE 10
    119. Special Residence Requirements
    120. The provisions laid down in the Social Pensions Act making periods of residence outside Denmark, for the purpose of training, equivalent to residence in the ter
    121. PART V—MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    122. ARTICLE 11
    123. Lodgement of Documents
    124. 1. A claim, notice or appeal concerning a benefit, whether payable by a Party by virtue of this Agreement or otherwise, may be lodged in the territory of the ot
    125. 2. For the purposes of assessing entitlement to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent I
    126. 3. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an admini
    127. ARTICLE 12
    128. Determination of Claims
    129. 1. Subject to this Agreement, in determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
    130. (a) a period as an Australian resident and a period of residence in Denmark; and
    131. (b) any event or fact which is relevant to that entitlement,
    132. shall be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they were accumulated or occurred.
    133. 2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concer
    134. 3. Where:
    135. (a) a benefit is paid by a Party to a person in respect of a past period;
    136. (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and
    137. (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid by the first Party been paid during that period;
    138. then
    139. (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that pa
    140. (e) the other Party may determine that the amount or any part of that debt may be deducted from future payments of a benefit payable by that Party to that perso
    141. 4. A reference in paragraph 3 to a benefit, in relation to Australia, means a pension, benefit or allowance that is payable under the social security laws of Au
    142. 5. A claim submitted to a Competent Institution of a Party for a benefit of that Party shall also be regarded as a claim for a benefit of the other Party. The d
    143. ARTICLE 13
    144. Exchange of Information and Mutual Assistance
    145. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement:
    146. (a) shall communicate to each other any information necessary for the application of this Agreement;
    147. (b) shall lend their good offices and furnish assistance to one another, including the communication to each other of any necessary information, with regard to
    148. (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about change
    149. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parti
    150. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any Administrative Arrangement made pursuant to Article 14.
    151. 3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Comp
    152. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Institution of a Party the obligation:
    153. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
    154. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Party.
    155. 5. In the application of this Agreement, the Competent Authority and the Institutions of a Party may communicate with the other in the official language of that
    156. ARTICLE 14
    157. Administrative Arrangement
    158. The Competent Authorities of the Parties shall make whatever Administrative Arrangement is necessary in order to implement this Agreement.
    159. ARTICLE 15
    160. Resolution of Difficulties
    161. 1. The Parties shall interpret this Agreement in good faith in accordance with the ordinary meaning to be given to the terms of the Agreement in their context a
    162. 2. The Parties shall consult promptly at the request of either Party, concerning matters which have not been resolved by the Competent Authorities in accordance
    163. ARTICLE 16
    164. Review of the Agreement
    165. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than 6 months after that request was made an
    166. PART VI—TRANSITIONAL AND FINAL PROVISIONS
    167. ARTICLE 17
    168. Entry into Force and Termination
    169. 1. Subject to the social security laws of either Party, this Agreement shall not result in any reduction in the amount of any benefit to which entitlement was e
    170. 2. This Agreement shall enter into force two months after an exchange of notes by the Parties through the diplomatic channel notifying each other that all const
    171. 3. Subject to paragraph 4, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a
    172. 4. In the event that this Agreement is terminated in accordance with paragraph 3, the Agreement shall continue to have effect in relation to all persons who:
    173. (a) at the date of termination, are in receipt of benefits; or
    174. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits,
    175. by virtue of this Agreement.
    176. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    177. DONE in two copies at Canberra this first day of July, 1999, in the English and Danish languages, each text being equally authoritative.
    178. FOR AUSTRALIA: FOR THE KINGDOM OF DENMARK:
    179. Jocelyn Newman Kris Lund-Jensen
    180. [Signatures omitted]
16. Schedule 13 · United States of America
    1. Note See section 5.
    2. AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
    3. ON sOCIAL sECURITY
    4. The Government of Australia and the Government of the United States of America (hereinafter “the Parties”),
    5. Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage, have agreed as follows:
    6. PART I
    7. General Provisions
    8. Article 1
    9. Definitions
    10. 1. For the purpose of this Agreement:
    11. (a) “Agency” means,
    12. as regards the United States, the Social Security Administration, and
    13. as regards Australia, the institution or agency responsible for the administration of the laws;
    14. (b) “benefit” means in relation to a Party, a benefit, pension or allowance for which provision is made in the laws of that Party, and includes any additional a
    15. (c) “carer payment” means, in relation to Australia, a carer payment payable to the partner of a person in receipt of an Australian benefit;
    16. (d) “Competent Authority” means,
    17. as regards the United States, the Commissioner of Social Security, and
    18. as regards Australia, the Secretary of the Commonwealth Department responsible for the laws specified in subparagraph 1(b)(i) of Article 2 except in relation to
    19. (e) “laws” means,
    20. as regards the United States, the laws and regulations specified in subparagraph 1(a) of Article 2, and
    21. as regards Australia, the laws specified in subparagraph 1(b)(i) of Article 2 except in relation to the application of Part II of the Agreement (including the a
    22. (f) “national” means,
    23. as regards the United States, a national of the United States as defined in Section 101, Immigration and Nationality Act, as amended, and
    24. as regards Australia, a citizen of Australia;
    25. (g) “period of Australian working life residence”, in relation to a person, means, unless otherwise provided in this Agreement, a period:
    26. (i) defined as such in the laws of Australia; and
    27. (ii) during which the person was employed or self-employed or the person’s employer was subject to the laws specified in subparagraph 1(b)(ii) of Article 2;
    28. but does not include any United States period of coverage deemed pursuant to Article 9 to be a period in which that person was an Australian resident.
    29. (h) “social security laws” means, in relation to Australia, all the Acts forming the social security law without any limitation, including the limitation impose
    30. (i) “United States period of coverage” means a period credited as a quarter of coverage under the laws of the United States, or any equivalent period that may b
    31. (j) “widowed person” means, in relation to Australia, a person who stops being a partnered person because of the death of the person’s partner, but does not inc
    32. 2. Any term used in this Agreement and not defined in this Article shall have the meaning assigned to it in the applicable laws.
    33. Article 2
    34. Scope
    35. 1. For the purpose of this Agreement, the applicable laws are:
    36. (a) As regards the United States, the laws governing the Federal old-age, survivors, and disability insurance program:
    37. - Title II of the Social Security Act and regulations pertaining thereto, except sections 226, 226A and 228 of that title and regulations pertaining to those se
    38. - Chapters 2 and 21 of the Internal Revenue Code of 1986 and regulations pertaining to those chapters;
    39. (b) As regards Australia,
    40. (i) the Acts forming the social security law insofar as the law provides for, applies to or affects the following benefits:
    41. (A) age pension;
    42. (B) disability support pension for the severely disabled;
    43. (C) pensions payable to widowed persons; and
    44. (D) carer payment.
    45. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    46. 2. Notwithstanding the provisions of paragraph 1(b), this Agreement shall apply to women who are receiving wife pension at the date this Agreement comes into fo
    47. (a) persons receiving age pension; or
    48. (b) persons receiving disability support pension for the severely disabled.
    49. 3. Unless otherwise provided in this Agreement, the laws referred to in paragraph 1 shall not include treaties or other international agreements on social secur
    50. 4. This Agreement shall also apply to future laws which amend or supplement the laws specified in paragraph 1 of this Article.
    51. Article 3
    52. Personal Scope
    53. This Agreement shall apply to any person who:
    54. (a) is or has been an Australian resident; or
    55. (b) is or has been subject to the laws of Australia; or
    56. (c) is or has been subject to the laws of the United States
    57. and, where applicable, to other persons in regard to the rights they derive from a person described above.
    58. Article 4
    59. Equality of Treatment
    60. Persons designated in Article 3 who reside in the territory of a Party shall receive equal treatment with nationals of that Party in the application of its laws
    61. Article 5
    62. Export of Benefits
    63. 1. Unless otherwise provided in this Agreement, any provision of the laws of a Party which restricts entitlement to or payment of benefits solely because the pe
    64. 2. Where the laws of a Party provide or allow that a benefit be payable in a third country, then that benefit, when payable by virtue of Part III, is also payab
    65. 3. Where qualification for an Australian benefit is subject to limitations as to time, then references to Australia in those limitations shall be read also as r
    66. 4. A benefit payable by a Party by virtue of this Agreement or under its laws shall be paid by that Party without the deduction of administrative fees and charg
    67. 5. Any provisions of Australian laws which prohibit the payment of an Australian benefit to a former Australian resident who:
    68. (a) returns to Australia to again become an Australian resident;
    69. (b) claims an Australian benefit; and
    70. (c) departs Australia within a period specified in that law,
    71. shall not apply to a person who receives that benefit by virtue of the Agreement.
    72. 6. Section 202(t)(11) (E) of the Social Security Act of the United States shall not apply to an Australian national unless he or she is a resident of the United
    73. PART II
    74. Provisions Concerning Applicable Laws
    75. Article 6
    76. Coverage Provisions
    77. 1. This Part only applies, with respect to an employee, or the employer of that employee, where either or both of the following circumstances occur:
    78. (a) without the application of this Part an employee or the employer of that employee would otherwise be covered by both the laws of Australia and the United St
    79. (b) the employee has been sent from the territory of the United States to the territory of Australia in accordance with paragraph 3 and, based upon documentatio
    80. 2. Except as otherwise provided in this Article, a person employed within the territory of one of the Parties and the person’s employer shall, with respect to t
    81. 3. Where a person who is normally employed in the territory of one Party by an employer in that territory is sent by that employer to the territory of the other
    82. 4. For the purposes of applying paragraph 3 in the case of an employee who is sent from the territory of the United States by an employer in that territory to t
    83. 5. For the purposes of applying paragraph 3 in the case of an employee who is sent from the territory of Australia by an employer in that territory to the terri
    84. 6. Paragraph 3 shall apply where a person who has been sent by his or her employer from the territory of a Party to the territory of a third State is subsequent
    85. 7. Where a person who is a resident of the United States works in the capacity of a self-employed person, the person shall be subject to the laws of only the Un
    86. 8. Where a national of the United States who is a resident of Australia works in the capacity of a self-employed person, the person shall not be subject to the
    87. 9. Where the same activity is considered to be self-employment under the laws of one Party and employment under the laws of the other Party, that activity shall
    88. 10. A person, or that person’s employer, who would otherwise be covered under the laws of both Parties with respect to employment of that person as an officer o
    89. 11. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular R
    90. 12. If an employee:
    91. (i) is subject to the laws of one Party (“the first Party”);
    92. (ii) was sent, whether before, on or after the entry into force of this Agreement, by the Government of the first Party to work in the territory of the other Pa
    93. (iii) is working in the territory of the second Party in the employment of the Government of the first Party;
    94. (iv) is not working permanently in the territory of the second Party; and
    95. (v) is not exempt from the laws of the second Party by virtue of the conventions mentioned in paragraph 11;
    96. the Government of the first Party and the employee shall be subject only to the laws of the first Party, and, if the spouse of the employee also meets the condi
    97. 13. The Competent Authorities of the two Parties may for the purposes of this Article by agreement in writing:
    98. (a) extend the period of 5 years referred to in paragraph 3 for any employee; or
    99. (b) provide that an employee is deemed to work in the territory of a particular Party or on a ship or aircraft in international traffic under the laws of a part
    100. 14. Any agreement made under paragraph 13 may apply to either or both of the following:
    101. (a) a class of employees;
    102. (b) particular work or a particular type of work (including work that has not occurred at the time such agreement is made).
    103. PART III
    104. Provisions on Benefits
    105. Article 7
    106. United States Benefits
    107. 1. Where a person has completed at least six quarters of coverage under United States laws, but does not have sufficient periods of coverage to satisfy the requ
    108. 2. In determining eligibility for benefits under paragraph 1 of this Article, the Agency of the United States shall credit one quarter of coverage for every thr
    109. 3. Where entitlement to a benefit under United States laws is established according to the provisions of paragraph 1, the Agency of the United States shall comp
    110. 4. Entitlement to a benefit from the United States which results from paragraph 1 shall terminate with the acquisition of sufficient periods of coverage under U
    111. Article 8
    112. Residence or Presence in the United States or a Third State for Australian Benefits
    113. 1. Where a person would be qualified under the laws of Australia or by virtue of this Agreement for a benefit except for not being an Australian resident and in
    114. (a) is an Australian resident or residing in the United States or a third State with which Australia has concluded an agreement on social security that includes
    115. (b) is in Australia, or the United States or that third State,
    116. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    117. 2. For the purposes of qualification for a carer payment as defined in this Agreement, which is payable by virtue of this Agreement, a person who is in the Unit
    118. Article 9
    119. Totalisation in Relation to Australian Benefits
    120. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    121. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, for that benefit under the laws of Australi
    122. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
    123. (c) a United States period of coverage,
    124. then for the purposes of a claim for that Australian benefit, that United States period of coverage shall be deemed, only for the purposes of meeting any minimu
    125. 2. For the purposes of paragraph 1, where a person:
    126. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the laws of Australia for entitlement o
    127. (b) has accumulated United States periods of coverage in two or more separate periods that equal or exceed in total the period referred to in subparagraph (a),
    128. the total of the United States periods of coverage shall be deemed to be one continuous period.
    129. 3. For all purposes of this Article, where a period as an Australian resident and a United States period of coverage coincide, the period of coincidence shall b
    130. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be:
    131. (a) for the purposes of an Australian benefit that is payable to a person who is outside Australia, the minimum period required shall be 12 months, of which at
    132. (b) for the purpose of an Australian benefit that is payable to a person who is in Australia, there shall be no minimum period.
    133. Article 10
    134. Calculation of Australian Pro Rata Benefits
    135. 1. Subject to paragraphs 2, 3 and 4, where an Australian benefit is payable by virtue of this Agreement or otherwise, to a person who is outside Australia the r
    136. 2. A person referred to in paragraph 1 shall be entitled to receive the concessional assessment of income described in that paragraph only for any period during
    137. 3. When an Australian benefit is payable by virtue of this Agreement or otherwise to a person who is outside Australia, benefits payable under the Supplemental
    138. 4. The provisions in paragraphs 1 and 3 shall continue to apply for 26 weeks where a person returns temporarily to Australia.
    139. 5. Subject to the provisions of paragraphs 6 and 7, where an Australian benefit is payable by virtue of this Agreement to a person who is in Australia, the rate
    140. (a) calculating that person’s income according to the laws of Australia but disregarding in that calculation any United States benefit received by that person a
    141. (b) deducting the amount of the United States benefit received by that person from the maximum rate of that Australian benefit; and
    142. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the laws of Australia, using as the person’s inco
    143. 6. The provisions in paragraph 5 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    144. 7. Where the rate of a benefit calculated in accordance with paragraph 5 is less than the rate of that benefit which would be payable under paragraph 1 if the p
    145. 8. Where a member of a couple is, or both that person and his or her partner are, entitled to a United States benefit or benefits, each of them shall be deemed,
    146. Article 11
    147. Australian Working Life Residence
    148. For the purposes of Articles 9 and 10, a period of Australian working life residence in relation to a person means a period defined as such in the laws of Austr
    149. PART IV
    150. Miscellaneous Provisions
    151. Article 12
    152. Administrative Arrangements
    153. The Competent Authorities of the two Parties shall:
    154. (a) make all necessary administrative arrangements for the implementation of this Agreement and designate liaison agencies;
    155. (b) communicate to each other information concerning the measures taken for the application of this Agreement; and
    156. (c) communicate to each other, as soon as possible, information concerning all changes in their respective laws which may affect the application of this Agreeme
    157. Article 13
    158. Exchange of Information and Mutual Assistance
    159. 1. The Competent Authorities and the Agencies of the Parties, within the scope of their respective authorities, shall assist each other in implementing this Agr
    160. 2. Unless otherwise required by the national statutes of a Party, information about an individual which is transmitted in accordance with the Agreement to that
    161. 3. In no case shall paragraphs 1 or 2 be construed so as to impose on the Competent Authority or an Agency of a Party the obligation:
    162. (a) to carry out administrative measures at variance with the statutes or the administrative practice of that or of the other Party; or
    163. (b) to furnish information which is not obtainable under the statutes or in the normal course of the administrative practice of that or of the other Party.
    164. Article 14
    165. Documents
    166. 1. Where the laws of a Party provide that any document which is submitted to the Competent Authority or Agency of that Party shall be exempted, wholly or partly
    167. 2. Documents and certificates which are presented for purposes of this Agreement shall be exempted from requirements for authentication by diplomatic or consula
    168. 3. Copies of documents which are certified as true and exact copies by the Agency of one Party shall be accepted as true and exact copies by the Agency of the o
    169. Article 15
    170. Correspondence
    171. The Competent Authorities and Agencies of the Parties may correspond directly with each other and with any person wherever the person may reside whenever it is
    172. Article 16
    173. Applications for Benefits
    174. 1. A written application for benefits filed with the Agency of one Party shall protect the rights of the claimants under the laws of the other Party if the appl
    175. 2. If an applicant has filed a written application for benefits with the Agency of one Party and has not explicitly requested that the application be restricted
    176. 3. The provisions of Part III shall apply to benefits under United States laws only if an application is filed on or after the date this Agreement enters into f
    177. Article 17
    178. Determination of Claims
    179. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
    180. (a) a period as an Australian resident and a United States period of coverage; and
    181. (b) any event which is relevant to that eligibility or entitlement,
    182. shall, subject to this Agreement, be taken into account to the extent that those periods or those events are applicable in regard to that person and whether the
    183. 2. Where:
    184. (a) a benefit is paid by the United States to a person in respect of a past period whether by virtue of this Agreement or otherwise; and
    185. (b) for all or part of that period, Australia has paid to that person a pension, benefit or allowance under its social security laws; and
    186. (c) the amount of the pension, benefit or allowance paid by Australia would have been reduced had the benefit paid by the United States been paid during that pe
    187. then
    188. (d) the amount that would not have been paid by Australia had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past per
    189. (e) Australia may recover all or part of that debt under the provisions of the Acts forming the social security law of Australia.
    190. 3. This Agreement shall not establish any claim to payment of a benefit for any period before the date of the entry into force of the Agreement, or to a lump-su
    191. Article 18
    192. Prescribed Time Limits and Appeals
    193. 1. Any claim, notice or written appeal which, under the laws of one Party, must have been filed within a prescribed period with the Agency of that Party, but wh
    194. 2. A written appeal against a decision made by the Agency of one Party may be validly filed with the Agency of either Party. The appeal shall be dealt with acco
    195. 3. In relation to a decision made by the Agency of Australia, the reference in paragraph 2 to a written appeal is a reference to an appeal that may be made to a
    196. Article 19
    197. Currency
    198. 1. Payments under this Agreement may be made in the currency of the Party making the payments.
    199. 2. In case provisions designed to restrict the exchange or exportation of currencies are introduced by either Party, the Governments of both Parties shall immed
    200. Article 20
    201. Resolution of Disputes
    202. Any disagreement regarding the interpretation or application of this Agreement shall be resolved by consultation between the Competent Authorities.
    203. Article 21
    204. Supplementary Agreements
    205. This Agreement may be amended in the future by supplementary agreements which, from their entry into force, shall be considered an integral part of this Agreeme
    206. Article 22
    207. Review of Agreement
    208. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than 6 months after that request was made an
    209. PART V
    210. Transitional and Final Provisions
    211. Article 23
    212. Transitional Provisions
    213. 1. In applying paragraph 3 of Article 6, in the case of persons who were sent to the territory of a Party prior to the date of entry into force of this Agreemen
    214. 2. Determinations concerning entitlement to benefits which were made before the entry into force of this Agreement shall not affect rights arising under it.
    215. Article 24
    216. Entry into Force and Termination
    217. 1. This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Parties through the diploma
    218. 2. Subject to paragraph 3, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party received from the other a
    219. 3. In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to the benefit entitle
    220. (a) at the date of termination, are in receipt of benefits; or
    221. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreem
    222. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed the present Agreement.
    223. DONE in duplicate at Canberra this twenty seventh day of September 2001
    224. FOR THE GOVERNMENT OF AUSTRALIA: FOR THE GOVERNMENT OF THE UNITED STATES OF aMERICA:
    225. AMANDA VANSTONE J. THOMAS SCHIEFFER
    226. [Signatures omitted]
    227. ADMINISTRATIVE ARRANGEMENT
    228. FOR THE IMPLEMENTATION OF THE AGREEMENT
    229. BETWEEN
    230. THE GOVERNMENT OF AUSTRALIA AND
    231. THE GOVERNMENT OF THE UNITED STATES OF AMERICA
    232. ON SOCIAL SECURITY
    233. The Competent Authority of Australia and
    234. the Competent Authority of the United States of America,
    235. In conformity with Article 12, paragraph (a), of the Agreement between Australia and the United States of America on Social Security of this date, hereinafter r
    236. CHAPTER I
    237. General Provisions
    238. Article 1
    239. The terms used in this Administrative Arrangement shall have the same meaning as in the Agreement.
    240. Article 2
    241. 1. The liaison agencies referred to in Article 12, paragraph (a), of the Agreement shall be:
    242. (a) for the United States, the Social Security Administration,
    243. (b) for Australia, Centrelink, except in relation to the application of Part II of the Agreement (including the application of other Parts of the Agreement as t
    244. 2. The liaison agencies designated in paragraph 1 shall agree upon the joint procedures and forms necessary for the implementation of the Agreement and this Adm
    245. CHAPTER II
    246. Provisions on Coverage
    247. Article 3
    248. 1. Where the laws of a Party are applicable in accordance with any of the provisions of Article 6 of the Agreement, the Agency of that Party, upon request of th
    249. 2. The certificate referred to in paragraph 1 shall be issued:
    250. (a) in the United States, by the Social Security Administration; and
    251. (b) in Australia, by the Commissioner of Taxation or an authorised representative of the Commissioner.
    252. 3. The Agency of a Party which issues a certificate referred to in paragraph 1 shall furnish a copy of the certificate or agreed details of the certificate to t
    253. CHAPTER III
    254. Provisions on Benefits
    255. Article 4
    256. 1. Applications for benefits under the Agreement shall be submitted on forms to be agreed upon by the liaison agencies of the two Parties.
    257. 2. The Agency of the Party with which an application for benefits is first filed in accordance with Article 16 of the Agreement shall provide the liaison agency
    258. 3. The Agency of a Party which receives an application that was first filed with an Agency of the other Party shall without delay provide the liaison agency of
    259. 4. The Agency of the Party with which an application for benefits has been filed shall verify the information pertaining to the applicant and the applicant’s fa
    260. CHAPTER IV
    261. Miscellaneous Provisions
    262. Article 5
    263. In accordance with measures to be agreed upon pursuant to Article 2, paragraph 2, of this Administrative Arrangement, the Agency of one Party shall, upon reques
    264. Article 6
    265. The liaison agencies of the two Parties shall exchange statistics on the number of certificates issued under Article 3 of this Administrative Arrangement and on
    266. Article 7
    267. 1. Where administrative assistance is requested under Article 13 of the Agreement, expenses other than regular personnel and operating costs of the Agency provi
    268. 2. Upon request, the liaison agency of either Party shall furnish without cost to the liaison agency of the other Party any medical information and documentatio
    269. 3. Where the Agency of a Party requires that a person in the territory of the other Party who is receiving or applying for benefits under the Agreement submit t
    270. 4. The liaison agency of one Party shall reimburse amounts owed under paragraph 1 or 3 of this Article upon presentation of a statement of expenses by the liais
    271. Article 8
    272. This Administrative Arrangement shall enter into force on the date of entry into force of the Agreement and shall have the same period of validity.
    273. DONE in duplicate at Canberra this twenty seventh day of September 2001.
    274. For the Competent Authority of Australia: For the Competent Authority of the United States of America:
    275. AMANDA VANSTONE J. THOMAS SCHIEFFER
    276. [Signatures omitted]
17. Schedule 14 · Germany
    1. Note: See section 5.
    2. PART A
    3. AGREEMENT ON SOCIAL SECURITY BETWEEN AUSTRALIA AND THE FEDERAL REPUBLIC OF GERMANY
    4. AUSTRALIA AND THE FEDERAL REPUBLIC OF GERMANY (the “Contracting Parties”)
    5. DESIRING to strengthen the existing friendly relations between the two States and resolved to regulate their relations in the field of social security:
    6. HAVE AGREED as follows:
    7. PART I
    8. GENERAL PROVISIONS
    9. Article 1
    10. Definitions
    11. 1. For the purposes of this Agreement,
    12. (a) “national” means,
    13. as regards the Federal Republic of Germany, a German citizen within the meaning of the Basic Law (Grundgesetz) for the Federal Republic of Germany; and
    14. as regards Australia, a citizen of Australia;
    15. (b) “legislation” means,
    16. as regards the Federal Republic of Germany, the laws, regulations and other general legislative acts related to the branches of social security specified in par
    17. as regards Australia, the laws specified in subparagraph 1(b) of Article 2;
    18. (c) “competent authority” means,
    19. as regards the Federal Republic of Germany, the Federal Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Sozialordnung); and
    20. as regards Australia, the Secretary to the Commonwealth Department responsible for the laws specified in subparagraph 1(b) of Article 2;
    21. (d) “institution” means,
    22. as regards the Federal Republic of Germany, the institution or authority responsible for the application of the legislation specified in paragraph 1(a) of Artic
    23. as regards Australia, the institution or agency responsible for the administration of the laws specified in subparagraph 1(b) of Article 2;
    24. (e) “German period of coverage” means a period of contributions or any other period insofar as it is, under the German legislation, equivalent to a period of co
    25. (f) “period of Australian working life residence” means a period defined as such in the Australian legislation;
    26. (g) “benefit” means, in relation to a Contracting Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and inclu
    27. (h) “widowed person” means, in relation to Australia, a person who stops being a partnered person because of the death of the person’s partner, but does not inc
    28. (i) “carer payment” means, in relation to Australia a carer payment payable to the partner of a person who is in receipt of an Australian disability support pen
    29. 2. Any term not defined in paragraph 1 has the meaning assigned to it in the applicable legislation.
    30. Article 2
    31. Legislative scope
    32. 1. Unless otherwise provided in this Agreement, it shall apply:
    33. (a) as regards the Federal Republic of Germany, to the legislation concerning:
    34. (i) Wage Earners’ Pension Insurance (Rentenversicherung der Arbeiter),
    35. (ii) Salaried Employees’ Pension Insurance (Rentenversicherung der Angestellten),
    36. (iii) Miners’ Pension Insurance (Knappschaftliche Rentenversicherung),
    37. (iv) Steelworkers’ Supplementary Insurance (Hüttenknappschaftliche Zusatzversicherung),
    38. (v) Farmers’ Old Age Security (Alterssicherung der Landwirte); and
    39. (b) as regards Australia, to the Acts forming the social security law insofar as the law provides for, applies to or affects the following benefits:
    40. (i) age pension,
    41. (ii) disability support pension,
    42. (iii) carer payment,
    43. (iv) pensions payable to widowed persons, and
    44. (v) double orphan pension.
    45. 2. Notwithstanding the provisions of paragraph 1(b), this Agreement shall apply to women who are receiving wife pension at the date this Agreement comes into fo
    46. (a) persons receiving age pension; or
    47. (b) persons receiving disability support pension for the severely disabled.
    48. 3. This Agreement shall also apply to laws, regulations and other general legislative acts in so far as they amend, supplement or replace the legislation of the
    49. 4. Notwithstanding the provisions of paragraph 1, the legislation of the Contracting Parties shall not include any laws made at any time for the purpose of givi
    50. 5. Australian carer payment and double orphan pension are included in this Agreement to reciprocate those proportions of German benefit included to support a sp
    51. Article 3
    52. Personal scope
    53. Unless otherwise provided in this Agreement, it shall apply:
    54. (a) in the operation of the German legislation, to
    55. (i) nationals of either Contracting Party;
    56. (ii) refugees, within the meaning of Article 1 of the Convention of July 28, 1951 and of the Protocol of January 31, 1967 Relating to the Status of Refugees;
    57. (iii) stateless persons, within the meaning of Article 1 of the Convention Relating to the Status of Stateless Persons of September 28, 1954;
    58. (iv) other persons to the extent that they derive rights from a national of either Contracting Party, from a refugee or from a stateless person within the meani
    59. (v) nationals of a state other than a Contracting Party, unless they are included in the group of persons specified in subparagraph (iv); and
    60. (b) in the operation of the Australian legislation, to any person who is or has been an Australian resident and, where applicable, to other persons in regard to
    61. Article 4
    62. Equality of treatment
    63. 1. Unless otherwise provided in this Agreement:
    64. (a) in the application of the German legislation, persons specified in subparagraphs (a)(i), (ii), (iii) and (iv) of Article 3 who ordinarily reside in the terr
    65. (b) in the application of the Australian legislation, persons specified in paragraph (b) of Article 3 shall be treated equally.
    66. 2. Unless otherwise provided in this Agreement, benefits under the German legislation shall be awarded to nationals of Australia, who ordinarily reside outside
    67. Article 5
    68. Equivalence of territories
    69. 1. Unless otherwise provided in this Agreement, the German legislation which requires that the acquisition of an entitlement to benefits or the payment of benef
    70. 2. Subject to paragraph 3, where a person would be qualified for a benefit under the Australian legislation or under this Agreement except for not being an Aust
    71. (a) is an Australian resident or ordinarily residing in the territory of the Federal Republic of Germany or of a third country with which Australia has implemen
    72. (b) is in Australia, the territory of the Federal Republic of Germany or the territory of that third country,
    73. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian res
    74. 3. The requirement for a person to have been an Australian resident at some time shall not apply to a person who claims a double orphan pension under this Agree
    75. PART II
    76. PROVISIONS CONCERNING BENEFITS
    77. Article 6
    78. Totalisation and calculation – German benefits
    79. The following shall apply as regards the German institution:
    80. (a) When German periods of coverage have been completed, periods of Australian working life residence shall also be taken into account for purposes of determini
    81. (b) The periods of Australian working life residence to be taken into account under subparagraph (a) shall be assigned to that branch of insurance whose institu
    82. (c) For purposes of determining eligibility for a benefit payable under the German legislation:
    83. (i) a month which is recognised as a month in a period of Australian working life residence shall be considered as a month of contributions under the German leg
    84. (ii) a year which is recognised as a year in a period of Australian working life residence shall be considered as twelve months of contributions under the Germa
    85. (d) Earnings points shall be determined solely on the basis of pension rating periods to be taken into account under the German legislation in the calculation o
    86. Article 7
    87. Totalisation – Australian benefits
    88. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    89. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the Australian legislation for a bene
    90. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
    91. (c) a German period of coverage,
    92. then for the purposes of a claim for that Australian benefit, that German period of coverage shall be deemed, only for the purposes of meeting any minimum quali
    93. 2. For the purposes of paragraph 1, where a person:
    94. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the Australian legislation for qualific
    95. (b) has accumulated a German period of coverage in two or more separate periods that equals or exceeds in total the period referred to in subparagraph (a),
    96. the total of the German periods of coverage shall be deemed to be one continuous period.
    97. 3. For the purposes of this Article, where a person’s period as an Australian resident and a German period of coverage coincide, the period of coincidence shall
    98. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    99. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    100. (b) for the purposes of an Australian benefit that is payable to an Australian resident, no minimum period shall be required.
    101. 5. For the purposes of a claim by a person for a pension payable to a widowed person, that person shall be deemed to have accumulated a German period of coverag
    102. Article 8
    103. Calculation – Australian benefits
    104. 1. Subject to paragraph 2, where a person who is outside Australia is qualified for an Australian benefit by virtue of this Agreement, other than double orphan
    105. 2. Subject to paragraph 3, where an Australian benefit is payable, whether by virtue of this Agreement or otherwise, to a person who is outside Australia, the r
    106. 3. Only a person receiving a proportionalised Australian benefit shall be entitled to receive the concessional assessment of income described in paragraph 2.
    107. 4. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise, to a person who ordinarily resides in the Federal Republic of Germa
    108. 5. The provisions in paragraphs 1, 2 and 4 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    109. 6. Subject to the provisions of paragraph 7, where an Australian benefit is payable only by virtue of the Agreement to a person who is in Australia, the rate of
    110. (a) calculating that person’s income according to the Australian legislation but disregarding in that calculation any German benefit to which the person is enti
    111. (b) deducting that German benefit from the maximum rate of that Australian benefit; and
    112. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the Australian legislation, using as the person’s
    113. 7. The provisions in paragraph 6 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    114. 8. Where a member of a couple is, or both that member and his or her partner are, entitled to a German benefit or benefits and/or any payment referred to in thi
    115. Article 9
    116. Payment of Australian benefits overseas
    117. 1. Australian benefits are also payable into the territory of the Federal Republic of Germany.
    118. 2. Where the Australian legislation provides that a benefit is payable outside the territory of Australia, then that benefit, when payable under this Agreement,
    119. 3. Where qualification for an Australian benefit is subject to limitations as to time, then references to Australia in those limitations shall be read also as r
    120. 4. Any provisions of Australian legislation which prohibit the payment of an Australian benefit to a former Australian resident who:
    121. (a) returns to Australia to again become an Australian resident;
    122. (b) claims an Australian benefit; and
    123. (c) departs Australia within a period specified in that legislation,
    124. shall not apply to a person who receives that benefit by virtue of the Agreement.
    125. 5. Where a double orphan pension would be payable to a person under the social security laws of Australia, in respect of a young person whose sole surviving par
    126. PART III
    127. MISCELLANEOUS PROVISIONS
    128. CHAPTER 1
    129. ADMINISTRATIVE ASSISTANCE
    130. Article 10
    131. Mutual assistance
    132. 1. The institutions, associations of institutions, authorities and competent authorities of the Contracting Parties shall provide assistance to each other in th
    133. 2. The institution of one Contracting Party, when requested by the institution of the other Contracting Party, shall, to the extent permitted by its legislation
    134. 3. If an institution of one Contracting Party requires an applicant or beneficiary who lives in the territory of the other Contracting Party to undergo a medica
    135. 4. The agencies referred to in paragraph 1 shall, within their respective areas of jurisdiction and to the extent possible, communicate to each other such infor
    136. 5. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the competent authorities for the reim
    137. Article 11
    138. Fees
    139. 1. Where, under the legislation of one Contracting Party documents submitted to an authority or institution of that Contracting Party are partly or fully exempt
    140. 2. Documents which, in the application of the legislation specified in paragraph 1 of Article 2 and in the implementation of this Agreement, must be submitted t
    141. Article 12
    142. Languages of communication
    143. In the application of the legislation specified in paragraph 1 of Article 2 and in the implementation of this Agreement, the agencies referred to in paragraph 1
    144. Article 13
    145. Lodgement of documents
    146. 1. If a claim for a benefit under the legislation of one Contracting Party has been submitted to an agency of the Contracting Party which, under the legislation
    147. 2. Where a claim, notice or appeal is received by an agency of one Contracting Party, that agency shall ensure it is forwarded without delay to the appropriate
    148. 3. In relation to Australia, an appeal means an appeal submitted to a body established under the social security laws of Australia.
    149. 4. Subject to paragraph 5, a claim by a person for a benefit from a Contracting Party, whether lodged in the territory of that Contracting Party or of the other
    150. 5. Paragraph 4 shall not apply if the original claim or a copy is not received by the appropriate liaison agency of the other Contracting Party within six month
    151. Article 14
    152. Recovery of overpayments
    153. 1. Where a German institution has made an overpayment of a benefit to a person for any period and the Australian institution is to pay arrears of an Australian
    154. 2. Where:
    155. (a) a benefit is paid or payable under German legislation to a person in respect of a past period;
    156. (b) for all or part of that period, Australia has paid to that person a benefit under its social security law; and
    157. (c) the amount of the benefit paid by Australia would have been reduced had the benefit paid or payable under German legislation been paid during that period;
    158. then
    159. (d) the amount that would not have been paid by Australia had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past per
    160. (e) Australia may determine that the amount or only part of that debt may be deducted from future payments of a benefit payable by Australia to that person.
    161. 3. Where a German institution has not yet paid the benefit described in subparagraph 2(a) to the person:
    162. (a) the German institution shall, at the request of the institution of Australia pay the amount of the benefit necessary to meet the debt described in subparagr
    163. (b) any shortfall may be recovered by the competent authority of Australia under subparagraph 2(e).
    164. 4. In paragraph 2, “benefit” means, in relation to Australia, a pension, benefit or allowance that is payable under the social security law of Australia.
    165. Article 15
    166. Data protection
    167. 1. In providing assistance under Article 10, a Contracting Party shall supply to the other Contracting Party data about a person, particularly about any payment
    168. (a) wishes to make use of any provision of the Agreement; or
    169. (b) claims a benefit from the first Contracting Party after the Agreement enters into force; or
    170. (c) is receiving a benefit from the second Contracting Party before the Agreement enters into force and authorises the first Contracting Party to provide the da
    171. 2. Notwithstanding any laws or administrative practices of a Contracting Party, no personal data concerning a person which is received by that Contracting Party
    172. 3. The Contracting Parties agree that there is no obligation on any institution to disclose personal data except under paragraph 1.
    173. 4. The processing and use of any personal data or any business or industrial secret made in accordance with this Agreement or with any arrangement for the imple
    174. 5. Data transmitted in accordance with this Article shall not be disclosed by the recipient without authorisation and shall be processed or used only for the pu
    175. 6. The transmitting body shall ensure that transmitted data is correct and reasonably necessary for the purpose for which the transmission is intended. Should t
    176. 7. The recipient of the data shall, upon the request of a person, provide to that person details of the data transmitted in relation to that person and the uses
    177. 8. A recipient of data transmitted under this Agreement shall delete that data when it ceases to be necessary for the application of this Agreement or the legis
    178. 9. Should the transmission of incorrect data result in a person receiving a lesser amount of benefit, the agency responsible for paying the benefit shall adjust
    179. CHAPTER 2
    180. IMPLEMENTATION AND INTERPRETATION OF THE AGREEMENT
    181. Article 16
    182. Implementation arrangements and liaison agencies
    183. 1. The Governments of the Contracting Parties or the competent authorities may conclude arrangements for the implementation of this Agreement. The competent aut
    184. 2. The following are designated as liaison agencies for the implementation of this Agreement:
    185. (a) in the Federal Republic of Germany,
    186. for the Wage Earners’ Pension Insurance,
    187. the Landesversicherungsanstalt Oldenburg-Bremen, Oldenburg
    188. for the Salaried Employees’ Pension Insurance,
    189. the Bundesversicherungsanstalt fur Angestellte, Berlin
    190. for the Miners’ Pension Insurance,
    191. the Bundesknappschaft, Bochum
    192. for the Steelworkers’ Supplementary Insurance,
    193. the Landesversicherungsanstalt für das Saarland, Saarbrucken
    194. (b) in Australia,
    195. the institution responsible for the administration of the laws specified in subparagraph 1(b) of Article 2.
    196. 3. Where German legislation does not already make provision to this effect, the liaison agency designated for the Wage Earners’ Pension Insurance system shall b
    197. (a) there are German periods of coverage and periods of Australian working life residence;
    198. (b) the person entitled to a benefit ordinarily resides in Australia; or
    199. (c) the person entitled to a benefit is an Australian national who ordinarily resides outside the territories of both Contracting Parties.
    200. This paragraph shall not apply to the provision of medical, occupational, and supplementary rehabilitation benefits.
    201. 4. The jurisdiction of the Railways Insurance Institution and the Seamen’s Insurance Institution shall remain unaffected.
    202. 5. The liaison agencies listed in paragraph 2 and the institutions mentioned in paragraph 4 shall, within their respective areas of jurisdiction, be responsible
    203. 6. The liaison agencies listed in paragraph 2 and the institutions mentioned in paragraph 4, with the participation of the competent authorities, shall conclude
    204. 7. As far as possible, the liaison agencies listed in paragraph 2 and the institution mentioned in paragraph 4 shall compile statistics on the payments made und
    205. 8. Cash benefits payable to recipients in the territory of the other Contracting Party shall be paid without recourse to a liaison agency in that Contracting Pa
    206. Article 17
    207. Currency and exchange rate
    208. 1. To provide for the effective payment of benefits an institution of a Contracting Party may, at its discretion, pay a benefit to a person in the territory of
    209. (a) the first Contracting Party;
    210. (b) the other Contracting Party; or
    211. (c) a third country.
    212. 2. If benefits of a German institution are paid in the currency of the other Contracting Party or of a third country, the conversion rate shall be the rate of e
    213. Article 18
    214. Resolution of disputes
    215. 1. Disagreements between the two Contracting Parties regarding the interpretation or application of this Agreement shall, as far as possible, be settled by the
    216. 2. Unless otherwise agreed, if a disagreement cannot thus be resolved it shall, at the request of either Contracting Party, be submitted to an arbitration tribu
    217. PART IV
    218. TRANSITIONAL AND FINAL PROVISIONS
    219. Article 19
    220. Consideration of entitlements under the Agreement
    221. 1. This Agreement shall not establish any entitlement to benefits for any period prior to its entry into force.
    222. 2. Unless otherwise provided in the Agreement, when the Agreement is being implemented and when rights under it (including deciding eligibility for benefits und
    223. 3. The legal force of former decisions shall not preclude the application of this Agreement.
    224. 4. If a benefit has been determined under German legislation with binding force before the entry into force of this Agreement, a review and recalculation under
    225. Article 20
    226. Concluding Protocol
    227. The attached concluding protocol shall form an integral part of this Agreement.
    228. Article 21
    229. Entry into force
    230. 1. This Agreement shall be subject to ratification; the instruments of ratification shall be exchanged in Berlin as soon as possible.
    231. 2. This Agreement shall enter into force on the first day of the second month following the month in which the instruments of ratification are exchanged.
    232. Article 22
    233. Period of the Agreement
    234. 1. This Agreement shall be concluded for an indefinite period of time. Either Contracting Party may denounce this Agreement in writing through diplomatic channe
    235. 2. In the event of termination by denunciation, the provisions of this Agreement shall continue to apply in respect of claims to benefits acquired not later tha
    236. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Agreement.
    237. DONE at Canberra on this thirteenth day of December 2000 in two copies in the English and German languages, each text being equally authentic.
    238. FOR AUSTRALIA: FOR THE FEDERAL REPUBLIC OF GERMANY:
    239. JOCELYN NEWMAN Dr HORST BÄCHMANN and WALTER RIESTER
    240. [Signatures omitted]
    241. CONCLUDING PROTOCOL TO THE AGREEMENT BETWEEN AUSTRALIA AND THE FEDERAL REPUBLIC OF GERMANY ON SOCIAL SECURITY
    242. At the time of signing the Agreement on Social Security concluded this day between Australia and the Federal Republic of Germany, the plenipotentiaries of both
    243. 1. With reference to Article 2 of the Agreement:
    244. (a) Part II of the Agreement shall not apply to the Steelworkers’ Supplementary Insurance and to the Farmers’ Old Age Security of the Federal Republic of German
    245. (b) subject to paragraph (c), where under the German legislation both the conditions for the application of the Agreement and the conditions for the application
    246. (c) paragraph 4 of Article 2 and the preceding subparagraph shall not apply if the social security legislation, which arises for the Federal Republic of Germany
    247. 2. With reference to Article 4 of the Agreement:
    248. (a) provisions relating to the apportionment of insurance burdens that may be contained in international treaties between the Federal Republic of Germany and ot
    249. (b) the German legislation guaranteeing the participation of insured people and employers in the self government bodies of the institutions and their associatio
    250. (c) Australian nationals who ordinarily reside outside the territory of the Federal Republic of Germany shall be entitled to voluntary coverage under the legisl
    251. 3. With reference to Article 5 of the Agreement:
    252. (a) With respect to contingencies under German Industrial Accident Insurance which occurred prior to 1 January 1997 the following shall apply:
    253. Article 5 shall apply, as appropriate, to cash benefits payable under German Industrial Accident Insurance to beneficiaries who are Australian nationals and who
    254. (b) the German legislation regarding cash benefits based on period of coverage completed under laws other than (German) federal law shall not be affected;
    255. (c) the German legislation regarding cash benefits in respect of occupational accidents (including occupational diseases) for which the injured party was not in
    256. (d) the German legislation regarding medical, occupational and supplementary rehabilitation benefits provided by a pension insurance institution shall not be af
    257. (e) with regard to a pension under the German legislation governing reduced earning capacity, Article 5 of the Agreement shall apply to persons who ordinarily r
    258. (f) the German legislation providing for the suspension of claims under German pension insurance for persons who go abroad to evade criminal proceedings against
    259. 4. With reference to Article 6 of the Agreement:
    260. (a) Article 6 shall apply, as appropriate, to benefits which are granted at the discretion of an institution under the German legislation;
    261. (b) residence periods in Australia during which an employment or self employment was exercised shall be equivalent to the periods of compulsory contributions re
    262. (c) where the German legislation provides that the entitlement to benefits requires the completion of certain periods of coverage within a specified period and
    263. (d) mining enterprises within the meaning of subparagraph (b) of Article 6 are enterprises which mine minerals or similar substances and those which quarry ston
    264. 5. With reference to Article 9 of the Agreement:
    265. Australian disability support pension under the Agreement shall not be payable for more than 26 weeks to a person who is not severely disabled while that person
    266. 6. With reference to Article 15 of the Agreement:
    267. A person who:
    268. (i) is in receipt of a pension on account of reduced earning capacity from the Federal Republic of Germany at the time the Agreement enters into force;
    269. (ii) ceases to be entitled to that pension because of age; and
    270. (iii) immediately qualifies for an age pension from the Federal Republic of Germany,
    271. shall be deemed not to have claimed that age pension for the purposes of subparagraph 1(b) of Article 15.
    272. 7. With reference to Article 16 of the Agreement:
    273. German court decisions and German institutions’ notifications may be communicated direct to persons residing in Australia and may be sent by registered mail wit
    274. 8. In the implementation of the Agreement, the German legislation, to the extent that it contains more favourable provisions for persons who have suffered becau
    275. DONE at Canberra on this thirteenth day of December 2000 in two copies in the English and German languages, each text being equally authentic.
    276. FOR AUSTRALIA: FOR THE FEDERAL REPUBLIC OF GERMANY:
    277. JOCELYN NEWMAN Dr HORST BÄCHMANN and WALTER RIESTER
    278. [Signatures omitted]
    279. PART B
    280. Agreement between Australia and the Federal Republic of Germany on Social Security to govern persons temporarily employed in the territory of the other State
    281. (“Supplementary Agreement”)
    282. Australia and the Federal Republic of Germany,
    283. Desiring to strengthen the existing friendly relations between the two States and resolved to expand their mutual cooperation in the field of social security an
    284. Article 1 Definitions
    285. 1. For the purposes of this Supplementary Agreement,
    286. (a) “territory” means,
    287. as regards the Federal Republic of Germany,
    288. the territory of the Federal Republic of Germany;
    289. as regards Australia,
    290. the territory of Australia;
    291. (b) “legislation” means,
    292. as regards the Federal Republic of Germany,
    293. the laws, regulations and other general legislative acts related to the branches of social security covered by the scope of this Supplementary Agreement (paragr
    294. as regards Australia,
    295. the laws covered by the scope of this Supplementary Agreement (paragraph 1(b) of Article 2);
    296. (c) “competent authority” means,
    297. as regards the Federal Republic of Germany,
    298. the Federal Ministry of Labour and Social Affairs
    299. (Bundesministerium für Arbeit und Soziales);
    300. as regards Australia,
    301. the Commissioner of Taxation or an authorised representative of the Commissioner;
    302. (d) “institution” means,
    303. as regards the Federal Republic of Germany,
    304. the insurance institution responsible for the implementation of the legislation specified in paragraph 1 (a) of Article 2 and the body designated by the compete
    305. as regards Australia,
    306. the Commissioner of Taxation or an authorised representative of the Commissioner.
    307. 2. Any term not defined in paragraph 1 has the meaning assigned to it in the applicable legislation.
    308. Article 2 Legislative scope
    309. 1. This Supplementary Agreement shall apply to the following legislation:
    310. (a) as regards the Federal Republic of Germany,
    311. the legislation concerning the Statutory Pension Insurance;
    312. (b) as regards Australia,
    313. the legislation concerning the Superannuation Guarantee.
    314. 2. This Supplementary Agreement shall also apply to laws, regulations and other general legislative acts in so far as they amend, supplement or replace the legi
    315. Article 3 Personal scope
    316. This Supplementary Agreement shall apply in respect of all persons who are ordinarily resident or employed in the territory of either Contracting State.
    317. Article 4 Applicable legislation for employees
    318. 1. Unless otherwise provided in this Supplementary Agreement, an employee shall be subject to the legislation of the Contracting State in whose territory he is
    319. 2. Paragraph 1 shall apply analogously to self-employed persons.
    320. Article 5 Applicable legislation in case of detachment
    321. When an employee who is employed in one Contracting State is sent by his employer, who ordinarily engages in considerable business activities in the sending Sta
    322. Article 6 Applicable legislation on board sea-going vessels
    323. This Supplementary Agreement shall not affect the application of the national legislation of the two Contracting States for persons who work on board a sea-goin
    324. Article 7 Applicable legislation for persons employed with diplomatic missions or consular posts
    325. Nothing in this Supplementary Agreement shall affect the application of the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or of
    326. Article 8 Exceptions from the provisions on the applicable legislation
    327. 1. At the joint request of the employee and the employer or at the request of a self-employed person, the competent authorities of the Contracting States or the
    328. 2. The application shall be filed in the Contracting State whose legislation is to apply.
    329. Article 9 Administrative assistance
    330. The competent authorities and the institutions of the Contracting States shall provide mutual assistance to each other in the implementation of this Supplementa
    331. Article 10 Languages of communication, service and legalisation
    332. 1. In implementing this Supplementary Agreement, the competent authorities and the institutions of the Contracting States may communicate in their respective of
    333. 2. Documents, especially applications and certifications, may not be rejected because they are written in the official language of the other Contracting State.
    334. 3. Documents, especially certifications, to be submitted in application of this Supplementary Agreement shall not require legalisation or any other similar form
    335. Article 11 Data protection
    336. 1. Where personal data is transmitted under this Supplementary Agreement, the following shall apply whilst the laws applicable to each Contracting State shall b
    337. (a) The data may, for the purposes of implementing this Supplementary Agreement and the legislation to which it applies, be transmitted to the competent bodies
    338. However, the foregoing shall not prevent the passing on of that data in cases where doing so is mandatory under the laws and regulations of the receiving State
    339. (b) In individual cases the recipient of the data shall, at the request of the transmitting body, inform that body of the use of the transmitted data and the re
    340. (c) The transmitting body shall ensure that the data to be transmitted is correct and that its transmission is necessary and proportionate with regard to the pu
    341. (d) Upon request, the person concerned shall be informed of any personal data transmitted and the intended use of that data. In all other cases, the right of th
    342. (e) Transmitted personal data shall be deleted as soon as it is no longer required for the purpose for which it was transmitted, and if there is no reason to as
    343. (f) The transmitting and the receiving bodies shall record the transmission and the receipt of personal data.
    344. (g) The transmitting and the receiving bodies shall protect transmitted personal data effectively against unauthorized access, unauthorized modification and una
    345. 2. The provisions of paragraph 1 shall apply analogously to business and industrial secrets.
    346. Article 12 Implementing arrangements
    347. 1. The Governments of the Contracting States or the competent authorities may conclude arrangements necessary for the implementation of this Supplementary Agree
    348. 2. The liaison agencies hereby set up for the implementation of this Supplementary Agreement are:
    349. (a) in the Federal Republic of Germany,
    350. German Liaison Agency Health Insurance – International (Deutsche Verbindungsstelle Krankenversicherung – Ausland (DVKA), Bonn;
    351. (b) in Australia,
    352. the Australian Taxation Office.
    353. 3. The liaison agencies may, within their respective areas of jurisdiction and with the participation of the competent authorities, agree upon the administrativ
    354. Article 13 Settlement of disputes
    355. 1. Disagreements between the two Contracting States regarding the interpretation or application of this Supplementary Agreement shall be settled, as far as poss
    356. 2. If a disagreement cannot be settled in this way, it shall, if necessary, be settled by a joint ad hoc commission set up by mutual agreement.
    357. Article 14 Concluding provision
    358. This Supplementary Agreement shall not affect the Agreement on Social Security between the Federal Republic of Germany and Australia of 13 December 2000.
    359. Article 15 Concluding Protocol
    360. The attached Concluding Protocol shall form an integral part of this Supplementary Agreement.
    361. Article 16 Ratification and entry into force
    362. 1. This Supplementary Agreement shall be subject to ratification; the instruments of ratification shall be exchanged as soon as possible in Canberra.
    363. 2. This Supplementary Agreement shall enter into force on the first day of the second month following the month in which the instruments of ratification have be
    364. Article 17 Duration of the Supplementary Agreement
    365. 1. This Supplementary Agreement shall be concluded for an indefinite period of time. Either Contracting State may terminate it through diplomatic channels at th
    366. 2. This Supplementary Agreement shall also cease to be in force if the Agreement on Social Security between the Federal Republic of Germany and Australia of 13
    367. 3. In the event that this Supplementary Agreement shall cease to be in force in accordance with paragraph 1 or 2, the Supplementary Agreement shall continue to
    368. In witness whereof, the undersigned, being duly authorized thereto, have signed this Supplementary Agreement.
    369. Done at Berlin on the ninth day of February 2007, in duplicate in the English and German languages, each text being equally authentic.
    370. For the Government of Australia: For the Government of the Federal Republic of Germany:
    371. Concluding Protocol
    372. to
    373. the Supplementary Agreement between Australia and the Federal Republic of Germany on Social Security to govern persons temporarily employed in the territory of
    374. At the time of signing the Supplementary Agreement between Australia and the Federal Republic of Germany on Social Security to govern persons temporarily employ
    375. 1. With reference to paragraph 1(a) of Article 2 of the Supplementary Agreement:
    376. (a) If, by virtue of Articles 4, 5 and 8 of the Supplementary Agreement, German legislation applies to a person working in the territory of Australia, the Germa
    377. (b) If, by virtue of Articles 4, 5 and 8 of the Supplementary Agreement, Australian legislation applies to a person working in the territory of the Federal Repu
    378. 2. With reference to Articles 4 to 8 of the Supplementary Agreement:
    379. Persons to whom German legislation applies shall also include those who, under German legislation, are insurance-free or exempted from insurance.
    380. 3. With reference to Article 5 of the Supplementary Agreement:
    381. (a) It shall not be considered a case of detachment to the other Contracting State in particular when:
    382. - the work of the detached employee does not correspond to the employer’s business operations in the sending State;
    383. - the employer of the detached employee ordinarily does not engage in considerable business activities in the sending State;
    384. - the person recruited for the purpose of detachment is not ordinarily resident in the sending State at that time;
    385. - this constitutes illegal labour leasing under German law; or
    386. - the employee has worked in the sending State for less than two months after termination of the last period of detachment.
    387. (b) For persons who are already detached on the day of entry into force of the Supplementary Agreement the specified period shall begin on that date.
    388. (c) Article 5 of the Supplementary Agreement shall apply analogously to a self-employed person who ordinarily engages in considerable business activities in the
    389. 4. With reference to Article 8 of the Supplementary Agreement:
    390. (a) Where, in application of Article 8 of the Supplementary Agreement, German legislation applies to a per­son, the person shall be deemed to be employed or to
    391. (b) Article 8 of the Supplementary Agreement shall apply in particular to an employee of an enterprise located in one Contracting State who is temporarily emplo
    392. 5. With reference to paragraphs 1(a) and (e) of Article 11 of the Supplementary Agreement:
    393. With regard to Australia, the term “social security” shall also include the Superannuation Guarantee.
    394. ARRANGEMENT FOR THE IMPLEMENTATION OF THE SUPPLEMENTARY AGREEMENT OF 9 FEBRUARY 2007 BETWEEN AUSTRALIA AND FEDERAL REPUBLIC OF GERMANY ON SOCIAL SECURITY TO GOV
    395. The Government of Australia and the Government of the Federal Republic of Germany, on the basis of paragraph 1 of Article 12 of the Agreement of 9 February 2007
    396. hereinafter referred to as the “Supplementary Agreement”
    397. have agreed as follows:
    398. Part I
    399. General provisions
    400. Article 1
    401. Definitions
    402. Where terms which appear in the Supplementary Agreement are used in this Arrangement, they shall have the same meaning as they have in the Supplementary Agreeme
    403. Article 2
    404. Duty to inform
    405. The liaison agencies set up pursuant to paragraph 2 of Article 12 of the Supplementary Agreement and the bodies designated by the competent authorities pursuant
    406. Article 3
    407. Duty to communicate facts
    408. 1. The bodies referred to in paragraph 2 of Article 12, in Article 8 and in Article 9 of the Supplementary Agreement shall, within their respective areas of jur
    409. 2. Where a person is obliged, under the legislation specified in paragraph 1 of Article 2 of the Supplementary Agreement, under the Supplementary Agreement or u
    410. 3. Article 11 of the Supplementary Agreement shall also be applied to the duty to communicate facts under paragraphs 1 and 2.
    411. Article 4
    412. Certificate on the applicable legislation
    413. 1. In the circumstances described in Articles 5 and 8 of the Supplementary Agreement, the competent authority or the competent body of the Contracting State who
    414. 2. Where German legislation is applicable, the certificate shall, in the circumstances described in Article 5 of the Supplementary Agreement, be issued by the h
    415. 3. Where Australian legislation is applicable, the certificate shall be issued by the Commissioner of Taxation, or an authorised representative of the Commissio
    416. 4. If there are doubts as to whether the legislation referred to in the certificate is actually applicable, or if the facts certified therein differ from the ac
    417. Part II
    418. Final Provision
    419. Article 5
    420. Entry into force and duration of the Arrangement
    421. 1. This Arrangement shall enter into force on the date on which both Governments have informed each other that the national requirements for such entry into for
    422. 2. This Arrangement is to be applied from the date of the entry into force of the Supplementary Agreement and shall have the same period of duration.
    423. Done at Berlin on the ninth February 2007 in duplicate in the English and German languages, each text being equally authentic.
    424. For the Government of Australia: For the Government of the Federal Republic of Germany:
18. Schedule 15 · Chile
    1. Note: See section 5.
    2. PART A
    3. AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF CHILE
    4. The Government of Australia and the Government of the Republic of Chile (hereinafter “the Parties”),
    5. Wishing to strengthen the existing friendly relations between the two countries, and resolved to cooperate in the field of social security and to eliminate doub
    6. PART 1
    7. GENERAL PROVISIONS
    8. ARTICLE 1
    9. Definitions
    10. 1. In this Agreement, unless the context otherwise requires:
    11. (a) "benefit" means,
    12. in relation to a Party, any of the benefits, pensions or allowances listed in paragraph 1 of Article 2, and includes any amount, increase or supplement that is
    13. (b) "Competent Authority" means,
    14. in relation to Australia:
    15. the Secretary of the Department responsible for the legislation in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of the Agr
    16. in relation to the Republic of Chile:
    17. the Minister of Labour and Social Security;
    18. (c) "Competent Institution" means,
    19. in relation to Australia:
    20. the Institution or Agency which has the task of implementing the legislation in Article 2, and
    21. in relation to the Republic of Chile:
    22. the Institutions responsible for applying the legislation specified in Article 2;
    23. (d) "legislation" means,
    24. in relation to Australia:
    25. the law specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of the Agreement (including the application of other Par
    26. in relation to the Republic of Chile:
    27. the laws, regulations and other provisions relating to benefits specified in subparagraph 1(b) of Article 2;
    28. (e) "period of Australian working life residence" means, in relation to a person, the period defined as such under the legislation of Australia but does not inc
    29. (f) "period of insurance" means, in relation to Chile, any period of contribution, as well as any other period considered as its equivalent by the Chilean legis
    30. (g) "superannuation" means a system under Australian law where by employers are required to make contributions to an approved fund in order to provide for the e
    31. (h) "territory" means,
    32. in relation to Australia:
    33. Australia as defined in the legislation of Australia; and
    34. in relation to the Republic of Chile:
    35. the scope of application of the Political Constitution of the Republic of Chile;
    36. (i) "entity" means a related entity of an employer for the purposes of Article 8, if the entity and the employer are members of the same wholly or majority owne
    37. 2. Unless the context otherwise requires, any term not defined in this Agreement has the meaning assigned to it in the applicable legislation.
    38. ARTICLE 2
    39. Legislative Scope
    40. 1. Subject to paragraph 2, this Agreement shall apply to the following legislation and to any legislation that subsequently amends, supplements, supersedes or r
    41. (a) in relation to Australia:
    42. (i) the Acts and regulations forming the social security law in so far as the law provides for, applies to or affects the following benefits:
    43. A) age pension; and
    44. B) disability support pension for the severely disabled;
    45. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    46. and
    47. (b) in relation to the Republic of Chile, the legislation that governs:
    48. (i) the Sistema de Pensiones for old-age, invalidity and survivors which is based on private individuals' self-financing;
    49. (ii) the old-age, invalidity and survivors' pension schemes which are administered by the Instituto de Normalización Previsional; and
    50. (iii) for the purpose provided in Article 21, the health care benefits regime.
    51. 2. This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries only if both Parties so agree in
    52. 3. Notwithstanding the provisions of paragraph 1, the legislation of Australia and of the Republic of Chile shall not include treaties or other international ag
    53. ARTICLE 3
    54. Personal Scope
    55. This Agreement shall apply to any person who:
    56. (a) is or has been an Australian resident or a resident of the Republic of Chile;
    57. (b) is or has been subject to the legislation of the Republic of Chile; or
    58. (c) derives his or her rights from persons described above.
    59. ARTICLE 4
    60. Equality of Treatment
    61. Subject to this Agreement and unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and
    62. PART II
    63. PROVISIONS RELATING TO APPLICABLE LEGISLATION
    64. The purpose of this part is to ensure that employers and employees who are subject to the legislation of the Republic of Chile or Australia do not have a double
    65. ARTICLE 5
    66. Application of the Part
    67. This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties in respect
    68. ARTICLE 6
    69. General Rule
    70. Unless otherwise provided in Articles 7, 8, 9 or 10 if an employee works in the territory of one Party, the employer of the employee and the employee shall in r
    71. ARTICLE 7
    72. Diplomatic and Consular Relations
    73. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relat
    74. ARTICLE 8
    75. Workers Sent from One Territory to the Other
    76. 1. If an employee:
    77. (a) is covered by the legislation of one Party (‘the first Party’);
    78. (b) was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the legislation of the first Party to work in the terr
    79. (c) is working in the territory of the second Party in the employment of the employer or a related entity of that employer;
    80. (d) a period of 4 years from the time the employee was sent to work in the territory of the second Party has not elapsed; and
    81. (e) is not working permanently in the territory of the second Party;
    82. the employer of the employee and employee shall be subject only to the legislation of the first Party in respect of the work performed after commencement of thi
    83. 2. The competent authorities may by agreement in writing extend the period of 4 years referred to in sub-paragraph 1(d) of this Article for any employee by up t
    84. ARTICLE 9
    85. Workers in the Service of the Government
    86. If an employee:
    87. (a) is covered by the legislation of one Party (‘the first Party’);
    88. (b) was sent, whether before, on or after the commencement of this Part, by the Government of the first Party to work in the territory of the other Party (‘the
    89. (c) is working in the territory of the second Party in the employment of the Government of the first Party; and
    90. (d) is not working permanently in the territory of the second Party;
    91. the employer of the employee and employee shall be subject only to the legislation of the first Party in respect of the work performed after commencement of thi
    92. ARTICLE 10
    93. Workers on Ships and Aircraft
    94. 1. If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer and employee shall in respect of the
    95. 2. For the purposes of this Article the Competent Authorities will be able to by means of written agreement establish that an employee on a ship or aircraft in
    96. ARTICLE 11
    97. Exception Agreements
    98. The Competent Authorities from both Parties will be able to establish, by common accord:
    99. (a) exceptions to what is stated in Articles 5 through to 10 in favour of determined persons or groups of people, and
    100. (b) which Party’s legislation will apply to those persons or groups of people.
    101. PART III
    102. PROVISIONS RELATING TO BENEFITS
    103. ARTICLE 12
    104. Export and Payment of Benefits
    105. 1. Benefits of a Party which are payable by virtue of this Agreement shall be payable in the territory of the other Party.
    106. 2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Ag
    107. 3. If in the future, the legislation of Australia provides for a time limit on the continued qualification for an Australian benefit for a person who leaves Aus
    108. 4. Benefits of a Party shall be payable by that Party on request to the beneficiary in his or her country of residence.
    109. 5. If a Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Party shall implement measures as soon as
    110. 6. Where a Party has imposed legal or administrative restrictions on the transfer of its currency outside of its territory as mentioned in paragraph 5, it shall
    111. 7. Benefits paid by a Party outside its territory shall be paid in the currency of the United States of America or another internationally convertible currency.
    112. 8. A benefit payable by a Party by virtue of this Agreement or under its legislation shall be paid by that Party without deduction of administrative fees by the
    113. 9. In relation to Australia, the provisions of this Article shall not apply to rent assistance, pharmaceutical allowance or any other allowance payable only wit
    114. ARTICLE 13
    115. Medical Examinations
    116. 1. For the purposes of assessing a person's degree of disability or the person's ability to work where this is relevant for a claim for a benefit or for continu
    117. 2. To assist in the assessment referred to in paragraph 1, the Competent Institution of the Party in whose territory the person resides shall, at the request of
    118. 3. In the case that the Competent Institution in Australia deems it necessary that additional medical examinations be undertaken in Chile, which is exclusively
    119. 4. On the other hand, if the Chilean Competent Institution deems it necessary that additional medical examinations intended for its sole use be performed in Aus
    120. 5. If the new examinations are requested in connection with an appeal filed against a disability decision issued in Chile, the cost of these examinations shall
    121. PART IV
    122. AUSTRALIAN BENEFITS
    123. ARTICLE 14
    124. Residence or presence in the Republic of Chile or a Third State
    125. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except for not being an Australian resident an
    126. (a) is an Australian resident or a resident of the Republic of Chile or a third State with which Australia has concluded an agreement on social security which i
    127. (b) is in Australia, or the territory of the Republic of Chile or that third State,
    128. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian res
    129. ARTICLE 15
    130. Totalisation for Australian Benefits
    131. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    132. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    133. (b) a period of Australian working life residence equal to or greater than the period referred to in paragraph 3; and
    134. (c) a period of insurance in Chile;
    135. then, for the purposes of the claim for that Australian benefit, that period of insurance in Chile shall be deemed, only for the purposes of meeting any minimum
    136. 2. For the purpose of this Article, where a person has a period as an Australian resident and a period of insurance in Chile, any period of overlap shall be tak
    137. 3. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    138. (a) for the purpose of an Australian benefit claimed by a person residing outside Australia, the minimum period required shall be 12 months, of which at least 6
    139. (b) for the purpose of an Australian benefit claimed by an Australian resident, no minimum period shall be required.
    140. ARTICLE 16
    141. Calculation of Australian Benefits
    142. 1. Subject to paragraph 2, where an Australian benefit is payable by virtue of this Agreement to a person outside Australia, the rate of that benefit shall be d
    143. (a) calculating that person’s income according to the legislation of Australia, including, subject to the provisions of Article 17, any Chilean benefit which th
    144. (b) applying to the maximum rate of Australian benefit the relevant rate calculator set out in the legislation of Australia, using as the person’s income the am
    145. (c) proportionalising, if applicable, the amount of benefit calculated under sub-paragraph (b) according to the person’s period of Australian working life resid
    146. 2. The provisions of paragraph 1 will continue to apply for 26 weeks when a person temporarily comes to Australia.
    147. 3. Subject to the provisions of paragraphs 4 and 5, where an Australian benefit is payable by virtue of this Agreement to a person who is in Australia, and who
    148. (a) subject to the provisions of Article 17, deducting the amount of the Chilean benefit which that person is entitled to receive from the maximum rate of Austr
    149. (b) calculating that person's income according to the legislation of Australia but disregarding in that calculation the Chilean benefit which that person or the
    150. (c) applying to the remaining benefit obtained under subparagraph (a) the relevant rate calculator set out in the legislation of Australia, using as the person'
    151. 4. The provisions of paragraph 3 will continue to apply for 26 weeks when a person temporarily leaves Australia.
    152. 5. Where a member of a couple is, or both that person and his or her partner are in receipt of a Chilean benefit or benefits, each of them shall be deemed, for
    153. 6. For the purposes of paragraph 1 a benefit, in relation to Australia, does not include rent assistance, pharmaceutical allowance or any other allowance payabl
    154. ARTICLE 17
    155. Exclusion of Chile’s Mercy Payments from the Australian income test
    156. 1. Where a person receives or is entitled to receive a benefit under the social security laws of Australia:
    157. (a) monthly payments made under Chilean Law number 19.123 (mercy payments); and
    158. (b) periodical monthly mercy payments made under Chilean Law number 19.234 and its amendments,
    159. shall not be included for the purpose of assessing the rate of that Australian benefit.
    160. 2. For the purposes of this Article only, the term benefit shall include all social security payments under the social security laws of Australia.
    161. PART V
    162. CHILEAN BENEFITS
    163. ARTICLE 18
    164. Totalisation for Chilean Benefits
    165. 1. When under Chilean legislation the acquisition, maintenance or re-establishment of entitlement to old age, invalidity or survivors' benefits requires the com
    166. 2. Where a period of insurance completed in the Republic of Chile coincides with a period of Australian working life residence, such a period shall be taken int
    167. 3. When it is not possible to determine the time when specific periods of insurance were completed under Chilean legislation, it shall be presumed that such per
    168. ARTICLE 19
    169. Old-Age, Invalidity and Survivors’ Pensions
    170. 1. The affiliates to a Managed Pension Fund shall finance their pensions in the Republic of Chile with the balance accumulated in their individual capitalisatio
    171. 2. For the purposes of determining the fulfilment of the requirements as established in legal Chilean provisions to obtain anticipated pensions under the Sistem
    172. 3. Persons affiliated to the Sistema de Capitalización Individual in the Republic of Chile may pay voluntary contributions to that scheme, while self-employed d
    173. 4. Likewise, the affiliates of the pension system administered by the Instituto de Normalización Previsional shall have the right to aggregate periods of insura
    174. 5. To qualify for pensions in accordance with the legislation regulating social security schemes managed by the Instituto de Normalización Previsional, persons
    175. 6. If a person has insurance periods under Chilean legislation of less than one year, and if, by taking into account only such periods, he or she does not quali
    176. ARTICLE 20
    177. Calculation of Chilean Benefits
    178. 1. In the cases envisaged in paragraphs 1 and 4 of the preceding Article, the Competent Institution shall determine the right to the Chilean benefit as if all t
    179. 2. The determination of the right to minimum pensions paid by the Instituto de Normalización Previsional will be done in the manner provided in the previous par
    180. ARTICLE 21
    181. Health Care Benefits
    182. Persons who are receiving a pension according to Australian legislation or by virtue of this Agreement and who reside in the Republic of Chile shall have the ri
    183. PART VI
    184. TRANSITIONAL AND FINAL PROVISIONS
    185. ARTICLE 22
    186. Lodgement of Documents
    187. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or according to the social security law of Australia or the legis
    188. 2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1, is lodged with the Competent A
    189. 3. The reference in this Article to an appeal is an appeal that may be made to an administrative body that has been established by, or for the purposes of, the
    190. 4. Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required
    191. ARTICLE 23
    192. Recovery of Overpayments
    193. 1. Where:
    194. (a) an amount of arrears of benefit is paid or payable by the Republic of Chile; and
    195. (b) for all or part of the relevant period, Australia has paid to that person a benefit under its legislation; and
    196. (c) the amount of the benefit paid by Australia would have been reduced had the benefit paid or payable by the Republic of Chile been paid during that period;
    197. then
    198. (d) the amount that would not have been paid by Australia had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past per
    199. (e) Australia may recover all or part of that debt under the provisions of the Acts forming the social security law of Australia.
    200. 2. For Australia, a reference in paragraph 1 to a benefit means a pension, benefit or allowance payable under the social security laws of Australia.
    201. ARTICLE 24
    202. Exchange of Information and Mutual Assistance
    203. 1. The Competent Authorities, Competent Institutions and liaison bodies responsible for the application of this Agreement, to the extent permitted by the legisl
    204. (a) subject to paragraphs 3 and 4, communicate to each other any information necessary for the application of this Agreement;
    205. (b) lend their good offices and furnish assistance to one another, including the communication to each other of any necessary information, with regard to the de
    206. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of the Agreement;
    207. (d) at the request of one to another, assist each other in relation to agreements on social security entered into by either of the Parties with third States, on
    208. (e) advise each other of any laws which amend, supplement, supersede or replace their respective legislations and which are relevant to the operation of this Ag
    209. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any Administrative Arrangements made in accordance with Article 25.
    210. 3. Unless disclosure is required under the legislation of a Party, any information about an individual which is transmitted in accordance with this Agreement to
    211. 4. In no case shall the provisions of this Article be construed so as to impose on the Competent Authority, Competent Institution or liaison body of a Party the
    212. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
    213. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Party.
    214. 5. Communications between Competent Authorities, Competent Institutions, liaison bodies and persons to whom this Agreement applies may be made in any of the off
    215. 6. The diplomatic and consular authorities of the Parties may represent, without a special Government order, their own nationals to the Competent Authorities, C
    216. ARTICLE 25
    217. Administrative Arrangements
    218. 1. The Competent Authorities of the Parties shall make whatever Administrative Arrangements are necessary in order to implement this Agreement.
    219. 2. The Competent Authorities shall appoint liaison bodies in the Administrative Arrangement.
    220. ARTICLE 26
    221. Recognition of Prior Periods and Events
    222. 1. In determining the qualification for a benefit of a person or the amount of benefit payable to a person, by virtue of this Agreement, any events or facts and
    223. (a) as an Australian resident;
    224. (b) of Australian working life residence; and
    225. (c) of insurance
    226. shall, subject to this Agreement, be taken into account in so far as those periods, events or facts are applicable in regard to that person regardless of when t
    227. 2. No provision of this Agreement shall confer on a person any right to receive payment of a benefit in relation to a period before the date on which this Agree
    228. ARTICLE 27
    229. Resolution of Difficulties
    230. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accordin
    231. ARTICLE 28
    232. Review of Agreement
    233. Where a Party requests the other to meet to review this Agreement the Parties shall meet for that purpose no later than 6 months after that request was made and
    234. ARTICLE 29
    235. Entry into Force and Termination
    236. 1. This Agreement shall enter into force on the first day of the third month following the month in which the last note is exchanged by the Parties through the
    237. 2. Subject to paragraph 3, this Agreement shall remain in force indefinitely or until the expiration of 12 months from the date on which either Party receives f
    238. 3. In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to all persons who:
    239. (a) at the date of termination, are in receipt of its benefits; or
    240. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, its benefits; by virtue of this A
    241. (c) immediately before the date of termination are subject only to the legislation of one Party by virtue of Article 8 or 9 of Part II of the Agreement provided
    242. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    243. DONE in duplicate at Canberra this twenty fifth day of March two thousand and three in the English and Spanish languages, each text being equally authentic.
    244. FOR AUSTRALIA FOR THE REPUBLIC OF CHILE Senator the Honourable Amanda Vanstone His Excellency Cristobal Valdez Minister for Family and Community Services Ambass
    245. PART B
    246. Amended text as agreed by an exchange of letters between Australia and the Republic of Chile
    247. Note: The amended text is paragraph 1 of Article 17.
    248. 1. Where a person receives or is entitled to receive a benefit under the social security laws of Australia:
    249. (a) monthly payments made under Chilean Law number 19.123 (mercy payments);
    250. (b) periodical monthly mercy payments made under Chilean Law number 19.234;
    251. (c) payments made under Chilean law number 19.992 (annual mercy pensions); and
    252. (d) any other payments of a similar character, granted under laws made later than those listed in subparagraphs (a), (b) and (c) above, and jointly approved in
    253. shall not be included for the purpose of assessing the rate of that Australian benefit.
19. Schedule 16 · Croatia
    1. Note: See section 5.
    2. AGREEMENT
    3. BETWEEN
    4. AUSTRALIA
    5. AND
    6. THE REPUBLIC OF CROATIA
    7. ON SOCIAL SECURITY
    8. Australia and the Republic of Croatia (hereinafter “the Parties”),
    9. Wishing to strengthen the existing friendly relations between the two countries, and
    10. Resolved to cooperate in the field of social security;
    11. Have agreed as follows:
    12. PART I—GENERAL PROVISIONs
    13. ARTICLE 1
    14. Definitions
    15. 1. In this Agreement the terms below have the following meanings:
    16. (a) "Croatia" means the Republic of Croatia;
    17. (b) "benefit" means, in relation to a Party, any of the benefits, pensions or allowances listed in paragraph 1 of Article 2, and includes any amount, increase o
    18. (c) "Competent Authority" means,
    19. in relation to Australia:
    20. the Secretary of the Department responsible for the application of the legislation in subparagraph 1(a)(i) of Article 2 of this Agreement except in relation to
    21. in relation to Croatia:
    22. the Ministry of Labour and Social Welfare;
    23. (d) "Competent Institution" means,
    24. in relation to Australia:
    25. the institution or agency which has the task of implementing the applicable Australian legislation, and
    26. in relation to Croatia:
    27. the Croatian Pension Insurance Institute;
    28. (e) "legislation" means:
    29. in relation to Australia:
    30. the laws specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part III of the Agreement (including the application of other P
    31. in relation to Croatia:
    32. laws, regulations and other provisions relating to benefits specified in sub-paragraph 1(b) of Article 2;
    33. (f) "period of Australian working life residence" means, in relation to a person, the period defined as such under the legislation of Australia but does not inc
    34. (g) "period of insurance" means any period of contribution and any other period taken into account under Croatian legislation;
    35. (h) "territory" means,
    36. in relation to Australia:
    37. Australia as defined in the legislation of Australia; and
    38. in relation to Croatia:
    39. the territory of the Republic of Croatia;
    40. (i) “employee” means, in relation to Croatia, a worker, as defined by the legislation stated in paragraph (1)(b) of Article 2, and by the Croatian labour laws.
    41. 2. Unless the context otherwise requires, any term not defined in this Agreement has the meaning assigned to it in the applicable legislation.
    42. ARTICLE 2
    43. Legislative Scope
    44. 1. Subject to paragraph 2, this Agreement shall apply to the legislation effective at the date of signature of this Agreement, and to any legislation that subse
    45. (a) in relation to Australia:
    46. (i) the Acts and regulations forming the social security law in so far as the law provides for, applies to or affects the following benefits:
    47. - age pension;
    48. - disability support pension for the severely disabled;
    49. (ii) the law concerning the superannuation guarantee which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrati
    50. and
    51. (b) in relation to Croatia, the legislation that governs Pension Insurance, including:
    52. (i) old-age pension;
    53. (ii) anticipatory pension;
    54. (iii) disability pension;
    55. (iv) survivor’s pension (widows, widowers, children and other family members entitled to this pension); and
    56. all other benefits covered under the Pension Insurance legislation.
    57. 2. This Agreement shall apply to legislation that extends the existing legislation to other categories of beneficiaries if the Competent Authority of the Party
    58. 3. For the purposes of reciprocating Croatian survivor’s pension, when payable outside Australia by virtue of this Agreement, Australian age and disability supp
    59. 4. Notwithstanding the provisions of paragraph 1, the legislation of the Parties shall not include treaties or other international agreements concluded between
    60. ARTICLE 3
    61. Personal Scope
    62. This Agreement shall apply to any person who:
    63. (a) is or has been an Australian resident; or
    64. (b) is or has been subject to the legislation of Croatia.
    65. ARTICLE 4
    66. Equality Of Treatment
    67. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party as its own citizens in regard to rights and obligation
    68. PART II – COMMON PROVISIONS RELATING TO BENEFITS
    69. ARTICLE 5
    70. Export of Benefits
    71. 1. The benefits that are payable by one Party on the basis of the legislation of that Party or by virtue of this Agreement shall be payable in the territory of
    72. 2. Where there is a time limit on the continued qualification for an Australian benefit for a person who leaves Australia, then the same time limit shall apply
    73. 3. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Ag
    74. 4. If a Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Party shall implement measures as soon as
    75. 5. While the measures in paragraph 4 are being implemented, the Party not imposing the restrictions set out in paragraph 4 may impose restrictions on the paymen
    76. 6. Where a Party has imposed legal or administrative restrictions on the transfer of its currency outside of its territory as mentioned in paragraph 5, it shall
    77. 7. Benefits paid by a Party outside its territory shall be paid in an internationally convertible currency.
    78. 8. A benefit payable by a Party by virtue of this Agreement or under its legislation shall be paid by that Party without deduction of administrative fees and ch
    79. 9. For Australia, the provisions of this Article shall not apply to rent assistance, pharmaceutical allowance or any other allowance that is not payable indefin
    80. ARTICLE 6
    81. Medical Examinations
    82. 1. For the purposes of assessing a person's degree of disability or the person's ability to work where this is relevant for a claim for a benefit or for continu
    83. 2. To assist in the assessment referred to in paragraph 1, the Competent Institution of the Party in whose territory the person resides shall, at the request of
    84. PART III
    85. PROVISIONS FOR AVOIDING DOUBLE COVERAGE
    86. ARTICLE 7
    87. Purpose of Part
    88. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Croatia or Australia do not have a double liability und
    89. ARTICLE 8
    90. Application of Part
    91. This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties in respect
    92. ARTICLE 9
    93. Diplomatic and Consular Relations
    94. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations
    95. ARTICLE 10
    96. Application of Legislation
    97. 1. Unless otherwise provided in paragraphs 2 or 3, if an employee works in the territory of one Party, the employer of the employee and the employee shall in re
    98. 2. If an employee:
    99. (a) is covered by the legislation of one Party; and
    100. (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of that Party to work in the
    101. (c) is working in the territory of the other Party in the employment of the employer or a related entity of that employer; and
    102. (d) was sent to work in the territory of the other Party and a period of 4 years has not elapsed from that time; and
    103. (e) is not working permanently in the territory of the other Party;
    104. the employer and employee shall be subject only to the legislation of the Party from which the employee was sent in respect of the work and the remuneration pai
    105. 3. If the employer for the purposes of paragraph 2 of this Article is, in relation to Australia, a Governmental body, a political subdivision or local authority
    106. ARTICLE 11
    107. Exception Agreements
    108. 1. The Competent Authorities may for the purposes of this Part by agreement in writing:
    109. (a) extend the period of 4 years referred to in subparagraph 2(d) of Article 10 for any employee; or
    110. (b) provide that an employee is taken to work in the territory of a particular Party or to work on a ship or aircraft in international traffic under the legisla
    111. 2. Any agreement made under paragraph 1 may apply to:
    112. (a) a class of employees; and/or
    113. (b) particular work or particular type of work (including work that has not occurred at the time the agreement is made).
    114. PART IV – PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    115. ARTICLE 12
    116. Residence or presence in Croatia or a Third State
    117. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except for not being an Australian resident an
    118. (a) is an Australian resident or a resident of Croatia (or a third State with which Australia has concluded an agreement on social security which includes provi
    119. (b) is in Australia, or the territory of Croatia or that third State,
    120. that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that day.
    121. ARTICLE 13
    122. Totalisation for Australian Benefits
    123. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    124. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    125. (b) a period of Australian working life residence equal to or greater than the period referred to in paragraph 3; and
    126. (c) a period of insurance in Croatia;
    127. then, for the purposes of the claim for that Australian benefit, that period of insurance shall be deemed, only for the purposes of meeting any minimum qualifyi
    128. 2. For the purpose of this Article, where a person has a period as an Australian resident and a period of insurance in Croatia, any period of overlap shall be t
    129. 3. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    130. (a) for the purpose of an Australian benefit claimed by a person residing outside Australia, the minimum period required shall be 12 months, of which at least s
    131. (b) for the purpose of an Australian benefit claimed by an Australian resident, no minimum period shall be required.
    132. ARTICLE 14
    133. Calculation of Australian Benefits
    134. 1. Subject to paragraph 2, where an Australian benefit is payable by virtue of this Agreement to a person outside Australia, the rate of that benefit shall be d
    135. 2. The provisions in paragraph 1 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    136. 3. Subject to the provisions of paragraph 4 and 5, where an Australian benefit is granted by virtue of this Agreement to a person who is in Australia, the rate
    137. (a) deducting the amount of the Croatian benefit which that person is entitled to receive from the maximum rate of Australian benefit;
    138. (b) calculating that person's income according to the legislation of Australia but disregarding in that calculation the Croatian benefit to which that person or
    139. (c) applying to the remaining benefit obtained under subparagraph (a) the relevant rate calculator set out in the legislation of Australia, using as the person'
    140. 4. The provisions in paragraph 3 shall continue to apply for 26 weeks where a person temporarily leaves Australia.
    141. 5. Where a member of a couple is, or both that person and his or her partner are entitled to a Croatian benefit or benefits, each of them shall be deemed, for t
    142. PART V
    143. PROVISIONS RELATING TO CROATIAN BENEFITS
    144. ARTICLE 15
    145. Totalisation for Croatian Benefits
    146. 1. If a person does not fulfil the requirements for pension solely on the basis of completed periods of insurance, the entitlement to a benefit shall be establi
    147. 2. If a person qualifies for a benefit under Croatian legislation without the need for totalisation of the periods completed in the territories of both Parties,
    148. 3. If the period of insurance amounts to less than 12 months no benefit shall be granted. This does not apply if there is entitlement to a benefit only on the b
    149. 4. Notwithstanding the provision of paragraph 4 of Article 2, where based on the provisions of paragraph 1 of this Article a person does not satisfy conditions
    150. ARTICLE 16
    151. Calculation of Croatian Benefits
    152. 1. If a person qualifies for a benefit under Croatian legislation only by the application of the totalisation provisions contained in paragraph 1 of Article 15,
    153. 2. If the amount of the benefit under Croatian legislation cannot be calculated according to paragraph 1 of this Article, the Croatian Competent Institution sha
    154. (a) it shall first calculate a theoretical amount of a benefit which would be payable if all totalised periods (being periods of insurance and periods of Austra
    155. (b) on the basis of this theoretical amount, it shall then calculate the actual amount of the benefit which is payable according to the ratio of the period of i
    156. 3. Paragraph 1 of this Article shall not apply if the amount of Croatian pension calculated under that paragraph is less than the amount determined in accordanc
    157. PART VI
    158. MISCELLANEOUS PROVISIONS
    159. ARTICLE 17
    160. Lodgement of Documents
    161. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of the other Party i
    162. 2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent In
    163. 3. The reference in this Article to an appeal is an appeal that may be made to an administrative body or a corresponding body of either Party that has been esta
    164. 4. Any exemption granted in the territory of one of the Parties from payment of taxes or fees in respect of certificates and documents required to be submitted
    165. ARTICLE 18
    166. Recovery of Overpayments
    167. 1. Where:
    168. (a) an amount of arrears of benefit is paid or payable to a person by the Competent Institution of one Party whether by virtue of this Agreement or under the le
    169. (b) for all or part of the relevant period, the other Party has paid to that person a benefit under its legislation; and
    170. (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid or payable by the Competent Institution of the first Party b
    171. then
    172. (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that pa
    173. 2. Australia may recover all or part of that debt referred to in paragraph 1 under the provisions of the Acts forming the social security laws of Australia.
    174. 3. Where the Competent Institution of one Party has not yet paid the benefit described in subparagraph 1(a) to that person:
    175. (a) that Competent Institution shall, at the request of the Competent Institution of the other Party, pay the amount of the benefit necessary to meet the debt d
    176. (b) any shortfall may be recovered by the Competent Institution of the other Party.
    177. 4. A reference in paragraph 1 to a benefit means, for Australia, a pension, benefit or allowance payable under the social security laws of Australia and, for Cr
    178. ARTICLE 19
    179. Exchange of Information and Mutual Assistance
    180. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by the legislation they
    181. (a) subject to paragraphs 3 and 4, communicate to each other any information necessary for the application of this Agreement;
    182. (b) lend their good offices and furnish assistance to one another (including the communication to each other of any necessary information) with regard to the de
    183. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of the Agreement;
    184. (d) at the request of one to another, assist each other in relation to the implementation of agreements on social security entered into by either of the Parties
    185. (e) advise each other of any laws which amend, supplement, supersede or replace their respective legislations and which are relevant to the operation of this Ag
    186. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any Administrative Arrangement made in accordance with Article 20.
    187. 3. Unless disclosure is required under the legislation of a Party, any information about an individual which is transmitted in accordance with this Agreement to
    188. 4. Notwithstanding any laws or administrative practices of a Party, no personal data which is received by that Party from the other Party shall be transferred o
    189. 5. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Institution of a Party the obligation:
    190. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
    191. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Party.
    192. 6. Communications between Competent Authorities, Competent Institutions and persons to whom this Agreement applies may be made in any of the official languages
    193. ARTICLE 20
    194. Administrative Arrangement
    195. 1. The Competent Authorities of the Parties shall, by means of an Administrative Arrangement, make whatever arrangements are necessary in order to implement thi
    196. 2. The Competent Authorities shall appoint liaison bodies in the Administrative Arrangement.
    197. ARTICLE 21
    198. Recognition of Prior Periods and Events
    199. 1. In determining the qualification for a benefit of a person or the amount of benefit payable to a person, by virtue of this Agreement, any events or facts and
    200. (a) as an Australian resident;
    201. (b) of Australian working life residence; and
    202. (c) of insurance
    203. shall, subject to this Agreement, be taken into account in so far as those periods, events or facts are applicable in regard to that person regardless of when t
    204. 2. No provision of this Agreement shall confer on a person any right to receive payment of a benefit in relation to a period before the date on which this Agree
    205. ARTICLE 22
    206. Resolution of Difficulties
    207. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accordin
    208. ARTICLE 23
    209. Review of Agreement
    210. Where a Party requests the other to meet to review this Agreement the Parties shall meet for that purpose no later than 6 months after that request was made and
    211. PART VII
    212. TRANSITIONAL AND FINAL PROVISIONS
    213. ARTICLE 24
    214. Entry into Force and Termination
    215. 1. This Agreement shall enter into force on the first day of the month following the month in which notes are exchanged by the Parties through the diplomatic ch
    216. 2. This Agreement shall remain in force indefinitely or until the expiration of 12 months from the date on which either Party receives from the other a note thr
    217. 3. In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to all persons who:
    218. (a) at the date of termination, are in receipt of its benefits; or
    219. (b) prior to the expiry of the period referred to in paragraph 2, have lodged claims for, and would be entitled to receive benefits;
    220. by virtue of this Agreement or
    221. (c) immediately before the date of termination, are subject only to the legislation of one Party as mentioned in and by virtue of paragraph 2 of Article 10 or A
    222. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    223. DONE in two original copies at ZAGREB this THIRTEENTH day of MAY TWO THOUSAND AND THREE in the English and the Croatian languages, both texts being equally auth
    224. FOR AUSTRALIA FOR THE REPUBLIC OF CROATIA Neil Francis Australian Ambassador to Croatia Davorko Vidović Minister of Labour and Social Welfare
20. Schedule 17 · Slovenia
    1. Note: See section 5.
    2. AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA
    3. The Government of Australia and the Government of the Republic of Slovenia (hereinafter “the Parties”),
    4. Wishing to strengthen the existing friendly relations between the two countries, and resolved to cooperate in the field of social security; have agreed as follo
    5. GENERAL PROVISIONS
    6. ARTICLE 1
    7. Definitions
    8. 1. In this Agreement, unless the context otherwise requires;
    9. (a) "Slovenia" means the Republic of Slovenia;
    10. (b) "benefit" means, in relation to a Party, any of the benefits, pensions or allowances listed in paragraph 1 of Article 2, and includes any amount, increase o
    11. (c) "Competent Authority" means,
    12. in relation to Australia: the Secretary of the Commonwealth Department responsible for the legislation specified in subparagraph 1(a) of Article 2, and
    13. in relation to Slovenia: the Ministry of Labour, Family and Social Affairs;
    14. (d) "Competent Institution" means,
    15. in relation to Australia: the Institution or Agency which has the task of implementing the applicable Australian legislation, and
    16. in relation to Slovenia: the Institute for Pension and Disability Insurance of Slovenia;
    17. (e) "legislation" means, the laws and other regulations relating to benefits specified in paragraph 1 of Article 2;
    18. (f) "period of Australian working life residence" means, in relation to a person, the period defined as such under the legislation of Australia but does not inc
    19. (g) "period of insurance" means any period of contribution and any other period taken into account under Slovenian legislation; and
    20. (h) "territory" means,
    21. in relation to Australia: Australia as defined in the legislation of Australia; and
    22. in relation to Slovenia: the territory of the Republic of Slovenia.
    23. 2. Unless the context otherwise requires, any term not defined in this Agreement has the meaning assigned to it in the applicable legislation.
    24. ARTICLE 2
    25. Legislative Scope
    26. 1. Subject to paragraph 2, this Agreement shall apply to the legislation effective at the date of signature of this Agreement, and to any legislation that subse
    27. (a) in relation to Australia, the Acts forming the social security law in so far as the law provides for, applies to or affects the following benefits:
    28. (i) age pension; and
    29. (ii) disability support pension for the severely disabled;
    30. and
    31. (b) in relation to Slovenia, the legislation that governs the Pension and Invalidity Insurance except for the provisions concerning the benefits for residual ab
    32. 2. This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries only if both Parties so agree in
    33. 3. Notwithstanding the provisions of paragraph 1, the legislation of the Parties shall not include treaties or other international agreements concluded between
    34. ARTICLE 3
    35. Personal Scope
    36. This Agreement shall apply to any person who:
    37. (a) is or has been an Australian resident; or
    38. (b) is or has been subject to the legislation of Slovenia.
    39. ARTICLE 4
    40. Equality of Treatment
    41. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whethe
    42. PROVISIONS RELATING TO BENEFITS
    43. ARTICLE 5
    44. Export of Benefits
    45. 1. Australian benefits which are payable by virtue of this Agreement shall be payable in the territory of Slovenia.
    46. 2. Slovenian benefits to which a person is entitled under Slovenian legislation or by virtue of this Agreement shall be paid to that person in the territory of
    47. 3. Where there is a time limit on the continued qualification for an Australian benefit for a person who leaves Australia, then the same time limit shall apply
    48. 4. Slovenian benefits to which a person is entitled on the basis of Slovenian legislation or acquired by virtue of this Agreement shall be paid to Australian an
    49. 5. Australian benefits to which a person is entitled under the legislation of Australia or by virtue of this Agreement shall be paid to Slovenian and Australian
    50. 6. If a Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Party shall implement measures as soon as
    51. 7. While the measures in paragraph 6 are being implemented, the Party not imposing the restrictions set out in paragraph 6 may impose restrictions on the paymen
    52. 8. Where a Party has imposed legal or administrative restrictions on the transfer of its currency outside of its territory as mentioned in paragraph 6, it shall
    53. 9. Benefits paid by a Party outside its territory shall be paid in the currency of the United States of America or another internationally convertible currency.
    54. 10. A benefit payable by a Party by virtue of this Agreement or under its legislation shall be paid by that Party without deduction of administrative fees and c
    55. 11. For Australia, the provisions of this Article shall not apply to rent assistance, pharmaceutical allowance or any other allowance which is not payable indef
    56. 12. For Slovenia, the provisions of this Article shall not apply to income supplementary allowances, attendance allowance and cash indemnities payable in respec
    57. ARTICLE 6
    58. Medical Examinations
    59. 1. For the purposes of assessing a person's degree of disability or the person's ability to work where this is relevant for a claim for a benefit or for continu
    60. 2. To assist in the assessment referred to in paragraph 1, the Competent Institution of the Party in whose territory the person resides shall, at the request of
    61. AUSTRALIAN BENEFITS
    62. ARTICLE 7
    63. Residence or presence in Slovenia or a Third State
    64. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except for not being an Australian resident an
    65. (a) is an Australian resident or a resident of Slovenia or a third State with which Australia has concluded an agreement on social security which includes provi
    66. (b) is in Australia, or in Slovenia or that third State,
    67. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian res
    68. ARTICLE 8
    69. Totalisation for Australian Benefits
    70. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    71. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    72. (b) a period of Australian working life residence equal to or greater than the period referred to in paragraph 3; and
    73. (c) a period of insurance in Slovenia that has already been used or can be used at the time of totalisation, to obtain a Slovenian benefit;
    74. then, for the purposes of the claim for that Australian benefit, that period of insurance shall be deemed, only for the purposes of meeting any minimum qualifyi
    75. 2. For the purpose of this Article, where a person has a period as an Australian resident and a period of insurance, any period of overlap shall be taken into a
    76. 3. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    77. (a) for the purpose of an Australian benefit claimed by a person residing outside Australia, the minimum period required shall be 12 months, of which at least s
    78. (b) for the purpose of an Australian benefit claimed by an Australian resident, no minimum period shall be required.
    79. ARTICLE 9
    80. Calculation of Australian Benefits
    81. 1. Subject to paragraph 2, where an Australian benefit is payable by virtue of this Agreement to a person outside Australia, the rate of that benefit shall be d
    82. 2. The provisions of paragraph 1 will continue to apply for 26 weeks when a person temporarily comes to Australia.
    83. 3. Subject to the provisions of paragraphs 4 and 5, where an Australian benefit is granted by virtue of this Agreement to a person who is in Australia, the rate
    84. (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation the Slovenian benefit to which that person o
    85. (b) deducting the amount of the Slovenian benefit to which that person is entitled to receive from the maximum rate of Australian benefit; and
    86. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    87. 4. The provisions of paragraph 3 will continue to apply for 26 weeks when a person temporarily leaves Australia.
    88. 5. Where a member of a couple is, or both that person and his or her partner are in receipt of a Slovenian benefit or benefits, each of them shall be deemed, fo
    89. 6. Benefits referred to in paragraph 1 do not include rent assistance, pharmaceutical allowance or any other allowance which is not payable indefinitely outside
    90. BENEFITS ACCORDING TO SLOVENIAN LEGISLATION
    91. ARTICLE 10
    92. Totalisation for Slovenian Benefits
    93. 1. If a person does not fulfil the requirements for pension solely on the basis of his/her period of insurance, the entitlement to a benefit shall be establishe
    94. 2. If a person qualifies for a benefit under Slovenian legislation without the need for totalisation of the periods completed in the territories of both Parties
    95. 3. If the period of insurance in total amounts to less than 12 months no benefit shall be granted. This does not apply if there is entitlement to a benefit only
    96. 4. Notwithstanding the provision of paragraph 3 of Article 2, where based on the provisions of paragraph 1 of this Article a person does not satisfy conditions
    97. ARTICLE 11
    98. Calculation of Slovenian Benefits
    99. 1. If a person qualifies for a benefit under Slovenian legislation only by the application of the totalisation provisions contained in Article 10 paragraph 1, t
    100. (a) it shall first calculate a theoretical amount of a benefit which would be payable if all totalised periods (being periods of insurance and periods of Austra
    101. (b) on the basis of this theoretical amount, it shall then calculate the actual amount of the benefit which is payable according to the ratio of the period of i
    102. 2. If when applying paragraph 1 (b) the totalised periods exceed the longest possible period of insurance defined for the calculation of a benefit under Sloveni
    103. TRANSITIONAL AND FINAL PROVISIONS
    104. ARTICLE 12
    105. Lodgement of Documents
    106. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of the other Party,
    107. 2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1, is lodged with the Competent I
    108. 3. The reference in this Article to an appeal is an appeal that may be made to an administrative body or a corresponding body of either Party that has been esta
    109. 4. Any exemption granted in the territory of one of the Parties from payment of taxes or fees in respect of certificates and documents required to be submitted
    110. ARTICLE 13
    111. Recovery of Overpayments
    112. 1. Where:
    113. (a) an amount of arrears of benefit is paid or payable to a person by the Competent Institution of Slovenia; and
    114. (b) for all or part of the relevant period, Australia has paid to that person a benefit; and
    115. (c) the amount of the benefit paid by Australia would have been reduced had the benefit paid or payable by the Competent Institution of Slovenia been paid durin
    116. then
    117. (d) the amount that would not have been paid by Australia had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past per
    118. (e) Australia may recover all or part of that debt under the provisions of the Acts forming the social security law of Australia.
    119. 2. Where the Competent Institution of Slovenia has not yet paid the benefit described in subparagraph 1(a) to that person:
    120. (a) that Competent Institution shall, at the request of the Competent Institution of Australia, pay the amount of the benefit necessary to meet the debt describ
    121. (b) any shortfall may be recovered by Australia under subparagraph 1(e).
    122. 3. For Australia, a reference in paragraph 1 to a benefit means a pension, benefit or allowance payable under the social security law of Australia.
    123. ARTICLE 14
    124. Exchange of Information and Mutual Assistance
    125. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall, to the extent permitted by the legislation whic
    126. (a) subject to paragraphs 3 and 4, communicate to each other any information necessary for the application of this Agreement;
    127. (b) lend their good offices and furnish assistance to one another, including the communication to each other of any necessary information, with regard to the de
    128. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of the Agreement;
    129. (d) at the request of one to another, assist each other in relation to the implementation of agreements on social security entered into by either of the Parties
    130. (e) advise each other of any laws which amend, supplement, supersede or replace their respective legislations and which are relevant to the operation of this Ag
    131. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any Administrative Arrangement made in accordance with Article 15.
    132. 3. Unless disclosure is required under the legislation of a Party, personal data which is transmitted in accordance with this Agreement to a Competent Authority
    133. 4. Notwithstanding any laws or administrative practices of a Party, no personal data which is received by that Party from the other Party shall be transferred o
    134. 5. Communications between Competent Authorities, Competent Institutions and persons to whom this Agreement applies may be made in any of the official languages
    135. 6. Reimbursements under this Agreement between Competent Institutions shall be made in the currency of the Party receiving those reimbursements.
    136. ARTICLE 15
    137. Administrative Arrangement
    138. 1. The Competent Authorities of the Parties shall make whatever arrangements are necessary in order to implement this Agreement by means of an Administrative Ar
    139. 2. The Competent Authorities shall appoint liaison bodies in the Administrative Arrangement.
    140. ARTICLE 16
    141. Recognition of Prior Periods and Events
    142. 1. In determining the qualification for a benefit of a person or the amount of benefit payable to a person, by virtue of this Agreement, any events or facts and
    143. (a) as an Australian resident;
    144. (b) of Australian working life residence; and
    145. (c) of insurance
    146. shall, subject to this Agreement, be taken into account in so far as those periods, events or facts are applicable in regard to that person regardless of when t
    147. 2. No provision of this Agreement shall confer on a person any right to receive payment of a benefit in relation to a period before the date on which this Agree
    148. ARTICLE 17
    149. Resolution of Difficulties
    150. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accordin
    151. ARTICLE 18
    152. Review of Agreement
    153. Where a Party requests the other to meet to review this Agreement the Parties shall meet for that purpose no later than 6 months after that request was made and
    154. ARTICLE 19
    155. Entry into Force and Termination
    156. 1. This Agreement shall enter into force on the first day of the month following the month in which notifications are exchanged by the Parties through the diplo
    157. 2. Subject to paragraph 3, this Agreement shall remain in force indefinitely or until the expiration of 6 months from the date on which either Party receives fr
    158. 3. In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to all persons who:
    159. (a) at the date of termination, are in receipt of its benefits; or
    160. (b) prior to the expiry of the period referred to in paragraph 2, have lodged claims for, and would be entitled to receive, its benefits
    161. by virtue of this Agreement.
    162. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    163. DONE in duplicate at Vienna on this 19th day of December 2002, in the English and Slovenian languages, each text being equally authoritative.
    164. FOR GOVERNMENT OF AUSTRALIA: FOR THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA: AMBASSADOR MAX HUGHES AMBASSADOR ERNST PETRIČ
21. Schedule 18 · Belgium
    1. Note: See section 5.
    2. AGREEMENT
    3. on social security
    4. between
    5. Australia
    6. and
    7. the Kingdom of Belgium
    8. Australia and the Kingdom of Belgium, wishing to strengthen the existing friendly relations between the two countries, and desirous of regulating reciprocal rel
    9. PART I
    10. General provisions
    11. Article 1
    12. Definitions
    13. 1. For the implementation of this Agreement:
    14. a) The term “Belgium” means: the Kingdom of Belgium;
    15. The term “Australia” means: the Commonwealth of Australia;
    16. b) The term “territory” means:
    17. In relation to Belgium: the territory of the Kingdom of Belgium;
    18. In relation to Australia: Australia as defined in the legislation of Australia;
    19. c) The term “legislation” means:
    20. In relation to Belgium: the laws and determinations specified in article 2, paragraph 1 A;
    21. In relation to Australia: the laws specified in article 2, paragraph 1 B;
    22. d) The term “competent authority” means:
    23. In relation to Belgium: the Ministers responsible, as far as they are concerned, for applying the legislation that is the subject of article 2, paragraph 1 A;
    24. In relation to Australia: the Secretary to the Commonwealth Department responsible for the legislation specified in article 2, subparagraph 1 B a), except in re
    25. e) The term “competent institution” means:
    26. The institution, organisation or authority responsible for applying, in all or in part, the legislation that is the subject of article 2, paragraph 1;
    27. f) The term “insurance period” means:
    28. In relation to Belgium: any period recognised as such by the Belgian legislation and similarly any equivalent period recognised by this legislation;
    29. In relation to Australia: a period of Australian working life residence;
    30. g) In relation to Australia the term “period of Australian working life residence” means: a period defined as such in the legislation of Australia but does not
    31. h) The term “pension” means a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any additional amount, in
    32. i) In relation to Belgium the term “family member” means: any person defined or accepted as a member of the family or designated as a member of the household by
    33. j) In relation to Belgium the term “residence” means: the usual place of residence.
    34. 2. Any word not defined in paragraph 1 of this article has the meaning assigned to it by the applicable legislation.
    35. Article 2
    36. Legislative scope
    37. 1. This Agreement shall apply:
    38. A. as regards Belgium, to the laws concerning:
    39. a) old-age and survivors' pensions for salaried persons and self-employed persons;
    40. b) invalidity insurance for salaried persons, sailors of the merchant marine, mine workers and self-employed persons;
    41. and, as regards Part II only:
    42. c) social security for salaried persons;
    43. d) social security for self-employed persons;
    44. B. as regards Australia, to:
    45. a) the Acts referred to as “the social security law” in the Social Security Act 1991, and any regulations made under any such Act, so far those Acts or regulati
    46. (i) age pension;
    47. (ii) disability support pension for a person who is severely disabled;
    48. and as regards Part II, only to:
    49. b) the law concerning the superannuation guarantee, which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administratio
    50. 2. This Agreement shall also apply to all acts or regulations which amend, extend or replace the legislation specified in paragraph 1 of this article.
    51. 3. It shall apply to any act or regulation which extends the existing schemes to new categories of beneficiaries unless, in this respect, the contracting Party
    52. 4. Notwithstanding the provisions of paragraph 1, the legislation shall not include any other Agreement on social security entered into by either contracting Pa
    53. 5. This Agreement shall not apply to acts or regulations that establish a new social security sector.
    54. Article 3
    55. Personal scope
    56. This Agreement shall apply to any person who:
    57. a) is or has been an Australian resident; or is or has been subject to the legislation of Australia;
    58. or
    59. b) is or has been subject to the legislation of Belgium,
    60. and, to any other persons in regard to the rights they derive from the person described above.
    61. Article 4
    62. Equality of treatment
    63. Subject to this Agreement and unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a contracting Party in regard to
    64. Article 5
    65. Export of pensions
    66. 1. Unless otherwise specified in this Agreement, pensions acquired under the legislation of either of the contracting Parties cannot be subject to any reduction
    67. 2. Belgian old-age and survivors' pensions shall be paid to Australian nationals residing in the territory of a third country, under the same conditions as if t
    68. 3. Australian pensions, when payable outside the territory of Australia under the legislation of Australia, shall also be payable outside the territories of bot
    69. 4. Where qualification for a pension of one contracting Party is subject to limitations as to time, then reference to that contracting Party in those limitation
    70. 5. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a pension under this Agreement shall be payable outsid
    71. Article 6
    72. Reduction or suspension clauses
    73. 1. Any provision for reduction or suspension of a pension in the legislation of one contracting Party that applies in circumstances where the pension coincides
    74. 2. Unless otherwise specified in this Agreement, this rule shall not apply when pensions of the same nature coincide.
    75. PART II
    76. PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
    77. Article 7
    78. In relation to Australia, a reference in this Part to an employee also includes their employer, in respect of work of the employee or remuneration paid for that
    79. Article 8
    80. General provisions
    81. 1. Subject to articles 9 to 11, the applicable legislation is determined according to the following provisions:
    82. (a) a person who is employed or self-employed in the territory of a contracting Party is subject to the legislation of that Party;
    83. (b) If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer of the employee and employee shall,
    84. 2. In the event of being simultaneously self-employed in Belgium and employed in Australia, the employment in Australia is considered equivalent to employment i
    85. 3. A person who is self-employed in the territory of each of the contracting Parties is subject exclusively to the legislation of the contracting Party in whose
    86. Article 9
    87. Special provisions
    88. 1. a) An employed person who, being in the service of an enterprise with an office on which that person normally depends in the territory of one of the contract
    89. b) The provisions of subparagraph a) also apply to the family members who accompany that person to the territory of the other contracting Party, unless they are
    90. 2. Subparagraph 1 b) of article 8 does not apply to persons not normally employed at sea who work in the territorial waters or in a harbour of one of the contra
    91. Article 10
    92. Government officials, members of diplomatic missions and consular posts
    93. 1. Government officials and equivalent personnel who are sent by the government of a contracting Party to the territory of the other contracting Party are subje
    94. 2. a) Persons sent by the government of a contracting Party to the territory of the other contracting Party as members of a diplomatic mission or a consular pos
    95. b) Persons engaged by a diplomatic mission or a consular post of one of the contracting Parties in the territory of the other contracting Party are subject only
    96. c) When the diplomatic mission or the consular post of one of the contracting Parties employs persons who, pursuant to subparagraph b), are subject only to the
    97. d) The provisions in subparagraphs b) and c) also apply by analogy to persons employed in private service of a person specified in subparagraph a).
    98. e) The provisions of subparagraphs a) to d) neither apply to honorary members of a consular post nor persons employed in private service of these persons.
    99. 3. The provisions of this article also apply to the family members of the persons referred to in this article, unless they are employed or self-employed in the
    100. Article 11
    101. Exceptions
    102. In the interest of certain persons or certain categories of persons covered by this Part, the competent authorities can, in common agreement, specify exceptions
    103. PART III
    104. PROVISIONS CONCERNING PENSIONS
    105. Chapter 1
    106. Provisions concerning Belgian old age and survivors’ pensions
    107. Article 12
    108. 1. a) Subject to the provisions of paragraph 2, for the acquisition, retention or recovery of the right to a pension, insurance periods completed pursuant to th
    109. b) When two periods recognised as periods equivalent to an insurance period coincide, only the period completed in relation to the legislation of the contractin
    110. 2. If the Belgian legislation subordinates the acquisition, retention or recovery of the right to certain pensions to the condition that the insurance periods a
    111. 3. If the Belgian legislation subordinates the acquisition, retention or recovery of the right to certain pensions to the condition that the insurance periods a
    112. Article 13
    113. 1. a) If a person is entitled to a Belgian pension without totalisation, the Belgian competent institution shall calculate the amount of the pension directly on
    114. b) This institution shall also calculate the amount of the pension that would be obtained by applying the rules specified in paragraph 2. Only the higher of the
    115. 2. If a person is entitled to a Belgian pension solely by totalisation of the insurance periods completed in accordance with article 12, the following rules app
    116. a) the Belgian competent institution shall calculate the amount of the pension that would be due if all the insurance periods completed according to the two con
    117. b) this institution shall then calculate the amount due, on the basis of the amount specified under a), in proportion to the duration of the insurance periods u
    118. Article 14
    119. 1. If, because of the rising cost of living, the variation of wage levels or other causes, the Australian age pensions are changed by a given percentage or amou
    120. 2. On the other hand, in case of modification of the rules or of the computation process with regard to the establishment of the old-age or survivors’ pensions,
    121. Chapter 2
    122. Provisions concerning Australian age pensions
    123. Article 15
    124. Residence or presence in Belgium or a third State
    125. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian pension except for not being an Australian
    126. a) is an Australian resident or a resident of Belgium or a third State with which Australia has concluded an agreement on social security that includes provisio
    127. b) is in Australia, or Belgium or that third State,
    128. that person, so long as he or she has been an Australian resident at any time, shall be deemed, for the purpose of lodging that claim, to be an Australian resid
    129. Article 16
    130. Totalisation for Australia
    131. 1. Where a person to whom this Agreement applies has claimed an Australian pension under this Agreement and has accumulated:
    132. a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    133. b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
    134. c) a period of insurance in Belgium;
    135. then, for the purposes of a claim for that Australian pension, that period of insurance in Belgium shall be deemed to be a period in which that person was an Au
    136. 2. For the purposes of paragraph 1, where a person:
    137. a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitle
    138. b) has accumulated a period of insurance in Belgium in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagra
    139. the total of the periods of insurance in Belgium shall be deemed to be one continuous period.
    140. 3. For the purposes of this article, where a period by a person as an Australian resident and a period of insurance in Belgium coincide, the period of coinciden
    141. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    142. a) for the purposes of an Australian pension that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of w
    143. b) for the purposes of an Australian pension that is payable to an Australian resident, there shall be no minimum period.
    144. Article 17
    145. Calculation of Australian pensions
    146. 1. Subject to paragraph 3, where an Australian pension is payable, whether by virtue of this Agreement or otherwise, to a person who is outside Australia, the r
    147. 2. Only a person receiving a proportionalised Australian pension shall be entitled to receive the concessional assessment of income in paragraph 1.
    148. 3. The provision in paragraph 1 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    149. 4. Subject to paragraph 5, where an Australian pension is payable only by virtue of this Agreement to a person who is in Australia, the rate of that pension sha
    150. a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any Belgian pension which that person or the
    151. b) deducting the amount of the Belgian pension which that person is entitled to receive from the maximum rate of that Australian pension; and
    152. c) applying to the remaining pension obtained under subparagraph b) the relevant rate calculation set out in the legislation of Australia, using as the person's
    153. 5. The provisions in paragraph 4 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    154. 6. Where the rate of a pension calculated in accordance with paragraph 4 is less than the rate of that pension which would be payable under paragraph 1 if the p
    155. 7. Where a member of a couple is, or both that person and his or her partner are, entitled to a Belgian pension or pensions, each of them shall be deemed, for t
    156. Chapter 3
    157. Provisions concerning Belgian invalidity and Australian disability support pensions
    158. Article 18
    159. 1. The legislation of the contracting Party which was applicable to the person at the time that the person became, in the case of Belgium, incapacitated, or in
    160. 2. A person who satisfies the conditions referred to in paragraph 1 shall obtain the pension from the competent institution of the aforementioned contracting Pa
    161. Article 19
    162. The beneficiary of an invalidity pension under the Belgian legislation is still entitled to this pension during a temporary stay in Australia when this temporar
    163. PART IV
    164. MISCELLANEOUS PROVISIONS
    165. Article 20
    166. Responsibilities of the competent authorities
    167. The competent authorities shall:
    168. a) take, by administrative arrangement, the necessary steps to apply this Agreement and designate the liaison bodies and the competent institutions;
    169. b) define the procedures for mutual administrative assistance, including the sharing of expenses associated with obtaining medical, administrative and other evi
    170. Article 21
    171. Administrative collaboration
    172. 1. The competent authorities and competent institutions shall, to the extent permitted by the legislation which they administer:
    173. a) communicate to each other any information necessary for the application of this Agreement;
    174. b) lend their good offices and furnish assistance to one another, including communication to each other of any information necessary, with regard to the determi
    175. c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in th
    176. d) at the request of one to the other, assist each other in relation to the implementation of Agreements on social security entered into by either of the contra
    177. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the competent authorities and competen
    178. 3. Unless disclosure is required under the legislation of a contracting Party, any information about an individual which is transmitted in accordance with this
    179. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the competent authority or competent institution of a contracting Party
    180. a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other contracting Party; or
    181. b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or the other contracting Party.
    182. 5. Notwithstanding any laws or administrative practices of a contracting Party, no information concerning a person which is received by that contracting Party f
    183. 6. For the application of this Agreement, the competent authorities and the competent institutions of the contracting Parties are authorised to correspond direc
    184. Article 22
    185. Taxes and exemption from authentication
    186. 1. The benefit of exemption from, or reduction in taxes, stamp duty, recording or registration as provided for by the legislation of one of the contracting Part
    187. 2. All statements and documents required to be produced under this Agreement are exempt from the diplomatic or consular authorities’ stamp of authentication.
    188. Article 23
    189. Claims, notices and appeals
    190. 1. (a) Where a claim, notice or appeal under the legislation of one contracting Party has been lodged with an authority, institution or tribunal of the other co
    191. (b) In this case, the receiving authority, institution or tribunal, shall transmit without delay such a claim, notice or appeal to the authority, institution or
    192. 2. A claim for a pension from one contracting Party shall be considered as a claim for a corresponding pension from the other contracting Party so long as the c
    193. 3. A document may not be rejected on the basis of it being written in an official language of the other contracting Party.
    194. 4. The reference in paragraph 1 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative institution establ
    195. Article 24
    196. Settlement of disputes
    197. The competent authorities of the contracting Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreem
    198. Article 25
    199. Review of Agreement
    200. Where a contracting Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than six months after that reque
    201. Article 26
    202. Payment of pensions
    203. 1. The commencement date for payment of a pension payable by virtue of this Agreement shall be determined in accordance with the legislation of the contracting
    204. 2. The pensions paying institutions may discharge their obligations under this Agreement in their national currency.
    205. 3. Transfers resulting from the implementation of this Agreement shall take place pursuant to the Agreements that exist between both contracting Parties.
    206. 4. The provisions in the legislation of one of the contracting Parties with regard to exchange control shall not obstruct the free transfer of financial amounts
    207. 5. A pension payable by a contracting Party by virtue of this Agreement to a person outside the territory of that Party shall be paid without deduction for gove
    208. 6. The payment outside Australia of an Australian pension that is payable by virtue of this Agreement shall not be restricted by those provisions of the legisla
    209. Article 27
    210. Recovery of overpayments
    211. 1. Where:
    212. a) a pension is paid or payable by a contracting Party to a person in respect of a past period whether by virtue of this Agreement or otherwise;
    213. b) for all or part of that period, the other contracting Party has paid to that person a pension under its legislation; and
    214. c) the amount of the pension paid by that other contracting Party would have been reduced had the pension paid or payable by the first contracting Party been pa
    215. then the amount that would not have been paid by the other contracting Party, had the pension described in subparagraph a) been paid on a periodical basis throu
    216. 2. Where the competent institution of the first contracting Party has not yet paid the arrears of pension described in paragraph 1 to the person:
    217. a) that competent institution shall, at the request of the competent institution of the other contracting Party, pay the amount of the debt described in paragra
    218. b) any shortfall in those arrears may be recovered by the other contracting Party.
    219. 3. Notwithstanding the definition of “pension” used elsewhere in this Agreement, a reference in paragraphs 1 and 2 to a pension, in relation to Australia, means
    220. PART V
    221. TRANSITIONAL AND FINAL PROVISIONS
    222. Article 28
    223. Possible instances prior to the Agreement coming into force
    224. 1. This Agreement shall also apply to events which occurred prior to its coming into force.
    225. 2. This Agreement shall not create any entitlement to pensions for any period prior to its coming into force.
    226. 3. All insurance periods completed under the legislation of one of the contracting Parties prior to the date on which this Agreement comes into force shall be t
    227. Article 29
    228. Revision, proscription, forfeiture
    229. 1. Any Belgian pension that was not paid or that was suspended by reason of the nationality of the interested person or by reason of that person’s residence in
    230. 2. The entitlement of interested persons who, prior to the coming into force of this Agreement, obtained the payment of a Belgian pension or an annuity may be r
    231. 3. If the application referred to in paragraph 1 or 2 of this article is made within two years of the coming into force of this Agreement, any entitlement arisi
    232. 4. If the application referred to in paragraph 1 or 2 of this article is made after two years following the coming into force of this Agreement, the rights whic
    233. Article 30
    234. Term of Agreement
    235. This Agreement is made for an indefinite period. It may be terminated by one of the contracting Parties by written notice delivered to the other Party giving tw
    236. Article 31
    237. Guarantee of rights that are acquired or in the course of acquisition
    238. 1. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    239. (a) at the date on which termination takes effect, are in receipt of pensions; or
    240. (b) prior to that date have lodged claims for, and would be entitled to receive, pensions by virtue of this Agreement; or
    241. (c) immediately before the date of termination are subject only to the legislation of one Party by virtue of Part II of the Agreement, provided the persons conc
    242. 2. The contracting Parties shall continue to collaborate for the purpose of applying paragraph 1.
    243. Article 32
    244. Agreement to come into force
    245. This Agreement will come into force on the first day of the second month that follows the date of receipt of the note by which the last of the two contracting P
    246. In witness whereof, the undersigned, being duly authorised, signed this Agreement.
    247. Done in two copies at Canberra, on the Twentieth day of November, Two thousand and two, in the English, Dutch and French languages, the three texts being equall
    248. FOR AUSTRALIA FOR THE KINGDOM OF BELGIUM
    249. Amanda VANSTONE Annemie NEYTS-UYTTEBROECK
22. Schedule 19 · Norway
    1. Note: See section 5.
    2. AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE KINGDOM OF NORWAY ON SOCIAL SECURITY
    3. The Government of Australia and the Government of the Kingdom of Norway and (hereinafter “the Parties”)
    4. Wishing to strengthen the existing friendly relations between the two countries, and
    5. Resolved to coordinate their social security systems and to eliminate double coverage for workers;
    6. Have agreed as follows:
    7. PART I
    8. GENERAL PROVISIONS
    9. ARTICLE 1
    10. Definitions
    11. 1. In this Agreement, unless the context otherwise requires:
    12. (a) “benefit” means in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any addit
    13. (b) “Competent Authority” means;
    14. in relation to Australia:
    15. the Secretary of the Commonwealth Department responsible for the legislation specified in subparagraph 1(a)(i) of Article 2 except in relation to the applicatio
    16. in relation to Norway:
    17. the Ministry of Labour and Social Affairs, except in relation to exception agreements in accordance with Article 11, where it means the National Insurance Admin
    18. (c) “Competent Institution” means;
    19. in relation to Australia:
    20. the institution which has the task of implementing the applicable Australian legislation; and
    21. in relation to Norway:
    22. the National Insurance Administration;
    23. (d) “legislation” means;
    24. in relation to Australia:
    25. the laws specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II Section A of the Agreement (including the application o
    26. in relation to Norway:
    27. the laws specified in subparagraph 1(b) of Article 2;
    28. (e) “period of Australian working life residence”, in relation to a person, means a period defined as such in Australian legislation, but does not include any p
    29. (f) “period of insurance in Norway” means the period of contributions or period of residence according to Norwegian legislation;
    30. (g) “territory” means;
    31. in relation to Australia:
    32. the Commonwealth of Australia, including the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island; and
    33. in relation to Norway:
    34. the territory of the Kingdom of Norway, including Svalbard and Jan Mayen.
    35. 2. Other words and expressions which are used in this Agreement shall have the meaning respectively assigned to them in the legislation applied.
    36. ARTICLE 2
    37. Legislative Scope
    38. 1. Subject to paragraph 3, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
    39. (a) in relation to Australia:
    40. (i) the Acts forming the social security law, in so far as the law provides for, applies to, or affects the following benefits:
    41. A age pension; and
    42. B disability support pension.
    43. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    44. (b) in relation to Norway:
    45. (i) the National Insurance Act of 28 February 1997 in so far as the Act provides for, applies to, or affects the following benefits:
    46. A old-age pension, including supplements for supported wife or children;
    47. B disability pension, including supplements for supported wife or children;
    48. C rehabilitation benefits: and
    49. D pensions to survivors;
    50. (ii) for the application of Part II also all other provisions of the Act mentioned above and the Family Allowance Act of 8 March 2002.
    51. 2. For the purposes of reciprocating Norwegian supplements for supported children, Australian age and disability support pension shall include additional child
    52. 3. Notwithstanding the provisions of paragraph 1, the legislation as defined shall not, unless otherwise provided, include any agreement on social security conc
    53. 4. This Agreement shall apply to laws which extend the legislation of either Party to new categories of beneficiaries only if the two Parties so agree.
    54. ARTICLE 3
    55. Personal Scope
    56. This Agreement shall apply to any person who:
    57. (a) is or has been an Australian resident; or
    58. (b) is or has been subject to Norwegian legislation,
    59. and, where applicable, to other persons in regard to the rights they derive from the persons described above.
    60. ARTICLE 4
    61. Equality of Treatment
    62. 1. Unless otherwise provided in this Agreement, Norwegian and Australian nationals shall be treated equally in relation to Norwegian legislation in regard to ri
    63. 2. Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally in relation to Australian legislation in reg
    64. ARTICLE 5
    65. Payment of Benefits Abroad
    66. 1. Unless otherwise decided in this Agreement, the provisions of the legislation of a Party making the payment of cash benefits conditional upon residence or st
    67. 2. In respect of Australian legislation, rent assistance, pharmaceutical allowance and any other additional amount, increase or supplement payable with a benefi
    68. 3. The provisions of this Article do not apply to Australian Disability Support Pensions paid to non-severely disabled persons.
    69. 4. In respect of Norwegian legislation, the provisions of this Article shall apply only to disability and old age pensions as designated in Article 2 paragraph
    70. 5. In respect of Norwegian legislation, the provisions of this Article shall be applicable only if the person concerned has completed at least
    71. (a) one year of occupational activity in Norway, or
    72. (b) three years of residence in Norway
    73. prior to the contingency and within the age limits which apply for pension earning in Norway.
    74. PART II
    75. COVERAGE PROVISIONS
    76. SECTION A
    77. PROVISIONS RELATING TO THE SUPERANNUATION GUARANTEE LEGISLATION OF AUSTRALIA EXCLUSIVELY AND TO NORWEGIAN LEGISLATION
    78. ARTICLE 6
    79. Purpose of the Section
    80. The purpose of this section is to ensure that employers and employees who are subject to the legislation of Norway or Australia do not have a double liability u
    81. ARTICLE 7
    82. Application of the Section
    83. This Section shall only apply if an employee and/or the employer of the employee would, apart from this Section, be subject to the legislation of both Parties i
    84. ARTICLE 8
    85. Diplomatic and Consular Relations
    86. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relat
    87. ARTICLE 9
    88. Avoidance of Double Coverage
    89. 1. Unless otherwise provided in paragraphs 2, 3 or 5, if an employee works in the territory of one Party, the employer of the employee and the employee shall in
    90. 2. If an employee:
    91. (a) is covered by the legislation of one Party (‘the first Party’);
    92. (b) was sent, whether before, on or after the entry into force of this Agreement, by the Government of the first Party to work in the territory of the other Par
    93. (c) is working in the territory of the second Party in the employment of the Government of the first Party; and
    94. (d) is not working permanently in the territory of the second Party;
    95. the employer of the employee and employee shall be subject only to the legislation of the first Party in respect of the work performed after entry into force of
    96. 3. If an employee:
    97. (a) is covered by the legislation of one Party (‘the first Party’) and in the case of Norway, is on a Norwegian payroll as determined by Norwegian legislation;
    98. (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of the first Party to work in
    99. (c) is working in the territory of the second Party in the employment of the employer or a related entity of that employer;
    100. (d) has not been in the territory of the second Party more than 3 years after being sent to work on that territory by the employer; and
    101. (e) is not working permanently in the territory of the second Party;
    102. the employer of the employee and employee shall be subject only to the legislation of the first Party in respect of the work performed after entry into force of
    103. 4. For the purposes of subparagraph 9(3)(c), an entity is a related entity of an employer if the entity and the employer are members of the same wholly or major
    104. 5. Employees on board vessels flying the Norwegian flag shall be subject to Norwegian legislation, as applied. However, if the employee is an Australian residen
    105. 6. Employees working for a Norwegian airline company on board an aircraft in international traffic shall be subject to Norwegian legislation as applied. An empl
    106. ARTICLE 10
    107. Employees on the Continental Shelf
    108. 1. Subject to paragraph 2, employees on installations for the exploration and the exploitation of natural submarine deposits on the Norwegian continental shelf,
    109. 2. The provisions of Article 9(3) shall apply correspondingly to an employee who is seconded to installations as mentioned in paragraph 1 of this Article.
    110. ARTICLE 11
    111. Exception agreements
    112. 1. The competent authorities may for the purposes of this Part by agreement in writing:
    113. (a) extend the period of three years referred to in Article 9(3)(d) for any employee; or
    114. (b) provide that an employee is taken to work in the territory of a particular Party or to work on a ship or aircraft in international traffic under the legisla
    115. 2. Any agreement made under paragraph 1 may apply to:
    116. (a) a class of employees; and/or
    117. (b) particular work or particular type of work (including work that has not occurred at the time the agreement is made).
    118. ARTICLE 12
    119. Voluntary Insurance
    120. This Agreement shall not preclude the opportunity for a person to be voluntarily insured under the Norwegian National Insurance Scheme.
    121. SECTION B
    122. PROVISIONS RELATING TO AUSTRALIAN LEGISLATION, THE SUPERANNUATION GUARANTEE LEGISLATION OF AUSTRALIA EXCLUDED, AND TO NORWEGIAN LEGISLATION
    123. ARTICLE 13
    124. Temporary Absence from Australia
    125. An Australian resident shall not cease to be regarded as an Australian resident because he or she is staying temporarily in Norway for any reason.
    126. ARTICLE 14
    127. Spouse or Partner and Dependants of Employees
    128. 1. The spouse or partner and dependants who accompany a person mentioned in Article 9 paragraph 2 and Article 9 paragraph 3 to Australia shall be subject to Nor
    129. 2. The spouse or partner and children who accompany a person mentioned in Article 9 paragraph 2 and Article 9 paragraph 3 to Norway shall not be subject to Norw
    130. PART III
    131. PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    132. ARTICLE 15
    133. Residence or Presence in Norway
    134. 1. Where a person would be qualified under Australian legislation or by virtue of this Agreement for a benefit except for not being an Australian resident and i
    135. (a) is an Australian resident or residing in the territory of Norway; and
    136. (b) is in Australia, or the territory of Norway,
    137. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian res
    138. 2. Australian legislation which provides for, applies to or affects disability support pension for a person who is not severely disabled shall not be affected b
    139. ARTICLE 16
    140. Totalisation for Australia
    141. 1. Where a person to whom this Agreement applies has accumulated:
    142. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under Australian legislation, for a benefit
    143. (b) a period of Australian working life residence equal to or greater than the minimum period identified in accordance with paragraph 4; and
    144. (c) a period of insurance in Norway
    145. then that period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in Australian legislatio
    146. 2. For the purposes of paragraph 1, where a person:
    147. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by Australian legislation, for entitlement
    148. (b) has accumulated a period of insurance in Norway in two or more separate periods that equals or exceeds in total the period referred to in subparagraph (a),
    149. the total of the periods of insurance shall be deemed to be one continuous period.
    150. 3. For all purposes of this Article, where a period by a person as an Australian resident and a period of insurance in Norway coincide, the periods of coinciden
    151. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    152. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    153. (b) for the purposes of an Australian benefit that is payable to an Australian resident, there will be no minimum period.
    154. ARTICLE 17
    155. Calculation of Australian Benefits
    156. 1. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise to a person who is outside Australia, Australia shall disregard for
    157. 2. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise to a person inside or outside Australia, Australia shall disregard t
    158. (a) Norwegian War Injury Pensions (NWIPs) paid to the partner of an Australian pensioner, if that partner does not receive, or is not entitled to receive a pens
    159. (b) allowances paid to NWIP pensioners, for specific costs, as specified in the Administrative Arrangement made pursuant to Article 29.
    160. 3. Subject to paragraph 5, where an Australian benefit is payable, whether by virtue of this Agreement or otherwise, to a person who is outside Australia, the r
    161. 4. The provisions of paragraphs 1 and 3 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    162. 5. A person referred to in paragraph 3 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during
    163. 6. Subject to the provisions of paragraph 8, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate o
    164. (a) calculating that person’s income according to Australian legislation, but disregarding in that calculation the Norwegian benefit received by that person, an
    165. (b) deducting the amount of the Norwegian benefit received by that person from the maximum rate of that Australian benefit; and
    166. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in Australian legislation, using as the person’s inc
    167. 7. The provisions of paragraph 6 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    168. 8. If an Australian benefit is only payable by virtue of this Agreement to a person under paragraph 6 and the rate of the benefit calculated is less than the ra
    169. 9. Where a member of a couple is, or both that person and his or her partner are, in receipt of a Norwegian benefit or benefits, each of them shall be deemed, f
    170. PART IV
    171. PROVISIONS RELATING TO NORWEGIAN BENEFITS
    172. ARTICLE 18
    173. Totalisation for Norway
    174. 1. In order to become entitled to a social insurance benefit under Norwegian legislation, periods of Australian working life residence and insurance periods com
    175. (a) one year of occupational activity in Norway; or
    176. (b) three years residence in Norway
    177. prior to the contingency and within the age limits which apply for pension earning under Norwegian legislation.
    178. 2. To become entitled to a supplementary pension under Norwegian legislation, pension points for at least one year must have been credited. In respect of such p
    179. 3. In respect of entitlement to a pension as a surviving spouse or child, the periods to be totalised under paragraphs 1 and 2 shall be the deceased person’s pe
    180. ARTICLE 19
    181. Calculation of Norwegian Benefits
    182. 1. If entitlement to a benefit exists under Norwegian legislation without recourse to the provisions of this Agreement, the benefit shall be calculated in accor
    183. 2. If entitlement to a benefit exists only according to the provisions of this Agreement, the benefit shall be calculated by:
    184. (a) determining the benefit which would have been payable if the person’s periods of Australian working life residence had been insurance periods in Norway, and
    185. (b) multiplying the benefit arrived at under subparagraph (a) by the person’s actual insurance periods in Norway and dividing the product by the sum of the pers
    186. 3. If the person’s total insurance period in Norway, or the sum of such periods and periods of Australian working life residence, exceeds 40 years, the actual p
    187. 4. For the purposes of paragraphs 2 and 3, the provisions of Article 18 paragraphs 2 and 3 shall apply correspondingly. A supplementary pension under paragraph
    188. 5. In respect of pensioners who are resident in Australia, Australian income tested benefits shall not be taken into account for the purpose of the income testi
    189. ARTICLE 20
    190. Transitional Provisions
    191. In respect of entitlement to a supplementary pension under Norwegian legislation calculated under the rules of a reduced pension earning requirement for persons
    192. ARTICLE 21
    193. Totalisation concerning Voluntary Membership
    194. In order to meet the requirement of previous insurance periods for obtaining voluntary membership of the Norwegian social security scheme, periods of Australian
    195. PART V
    196. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    197. ARTICLE 22
    198. Implementation of the Secondment Provisions
    199. A Party shall provide according to rules to be agreed in the Administrative Arrangement, pursuant to Article 29 of the Agreement, a document showing that a pers
    200. ARTICLE 23
    201. Lodgement of Documents
    202. 1. A claim, notice or appeal concerning a benefit, whether payable by a Party by virtue of this Agreement or otherwise, may be lodged in the territory of the ot
    203. 2. For the purposes of assessing entitlement to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent I
    204. 3. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an admini
    205. ARTICLE 24
    206. Presentation of Claims
    207. A claim for a benefit presented under the legislation of one Party will be considered as a claim for a similar benefit under the legislation of the other Party
    208. ARTICLE 25
    209. Determination of Claims
    210. 1. In determining the eligibility or entitlement of a person for a benefit by virtue of this Agreement:
    211. (a) a period as an Australian resident and a period of insurance; and
    212. (b) any event or fact which is relevant to that entitlement,
    213. shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they w
    214. 2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concer
    215. ARTICLE 26
    216. Overpayment of Benefits
    217. 1. Where:
    218. (a) a benefit is paid or payable by a Party to a person in respect of a past period;
    219. (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and
    220. (c) the amount of the benefit paid by that other Party would have been reduced, had the other benefit been paid by the first Party during that period;
    221. then
    222. (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that pa
    223. 2. Where the first Party has not yet paid the benefit described in subparagraph 1(a) to the person:
    224. (a) that Party shall, at the request of the other Party, pay from the arrears of the benefit the amount necessary to meet the debt described in subparagraph 1(d
    225. (b) any shortfall may be recovered by the other Party in accordance with the legislation of that Party.
    226. 3. The Competent Institution receiving a request under paragraph 2 shall transfer from the lump sum arrears of its benefit the amount of the debt to the Compete
    227. 4. A reference in paragraphs 1 and 2 to a benefit, in relation to Australia, means a pension, benefit or allowance that is payable under the social security law
    228. 5. A Party to which overpaid benefit is owing shall not, under this Article, seek to have the other Party recover those overpayments from continuing payments of
    229. ARTICLE 27
    230. Export and Payment of Benefits
    231. 1. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to g
    232. 2. A Party that imposes restrictions described in paragraph 1 shall inform the other Party of those restrictions within one calendar month of their imposition a
    233. 3. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party without deduction for government administrative fees and charges for pro
    234. 4. Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required
    235. ARTICLE 28
    236. Exchange of Information and Mutual Assistance
    237. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement, shall:
    238. (a) communicate to each other any information necessary for the application of this Agreement;
    239. (b) lend their good offices and furnish assistance to one another, including the communication to each other of any necessary information, with regard to the de
    240. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in t
    241. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parti
    242. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to the Administrative Arrangement made pursuant to Article 29.
    243. 3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Comp
    244. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligat
    245. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
    246. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Party.
    247. 5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other in their own official l
    248. ARTICLE 29
    249. Administrative Arrangement
    250. The Competent Authorities of the Parties shall make whatever Administrative Arrangement is necessary in order to implement this Agreement.
    251. ARTICLE 30
    252. Resolution of Difficulties
    253. Disputes arising in connection with the application of this Agreement are to be resolved by consultation and negotiations between the Competent Authorities.
    254. ARTICLE 31
    255. Review of Agreement
    256. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than 6 months after that request was made an
    257. PART VI
    258. TRANSITIONAL AND FINAL PROVISIONS
    259. ARTICLE 32
    260. Entry into Force and Termination
    261. 1. Subject to the legislation of either Party, this Agreement shall not result in any reduction in the amount of any benefit to which entitlement was establishe
    262. 2. This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Parties through the diploma
    263. 3. Subject to paragraph 4, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a
    264. 4. In the event that this Agreement is terminated in accordance with paragraph 3, the Agreement shall continue to have effect in relation to all persons who:
    265. (a) at the date of termination, are in receipt of benefits; or
    266. (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits, by virtue of this Agree
    267. (c) immediately before the date of termination are subject only to the legislation of one Party by virtue of paragraphs 2 or 3 of Article 9 of Part II of the Ag
    268. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    269. DONE in 2 copies at Canberra on this second day of December two thousand and five in the English and Norwegian languages, each text being equally authoritative.
    270. FOR THE GOVERNMENT OF AUSTRALIA FOR THE GOVERNMENT OF THE KINGDOM OF NORWAY
    271. Hon. Kay Patterson Minister for Family and Community Services HE Lars Wensell Ambassador
23. Schedule 20 · Switzerland
    1. Note: See Section 5.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE SWISS CONFEDERATION ON SOCIAL SECURITY
    3. The Government of Australia and the Swiss Federal Council, guided by the wish to regulate relations between their two countries in the field of social protectio
    4. PART I
    5. GENERAL PROVISIONS
    6. Article 1
    7. Definitions
    8. 1. In this Agreement the following definitions shall apply:
    9. (a) “Contracting States” means the Swiss Confederation and the Government of Australia;
    10. (b) “territory” means,
    11. (i) in relation to Switzerland, the territory of Switzerland;
    12. (ii) in relation to Australia, Australia as defined in the legislation of Australia;
    13. (c) “national” means,
    14. (i) in relation to Switzerland, a Swiss national;
    15. (ii) in relation to Australia, an Australian citizen;
    16. (d) “legislation” means,
    17. (i) in relation to Switzerland, the laws specified in subparagraph 1(a) of Article 2; and
    18. (ii) in relation to Australia, the law specified in subparagraph 1(b)(i) of Article 2 except in relation to the application of Part II of the Agreement (includi
    19. (e) “Competent Authority” means,
    20. (i) in relation to Switzerland, the Federal Social Insurance Office; and
    21. (ii) in relation to Australia, the Secretary of the Department responsible for the application of the legislation in subparagraph 1(b)(i) of Article 2 except in
    22. (f) “Competent Institution” means,
    23. (i) in relation to Switzerland, the institution which has the task of implementing the Swiss legislation; and
    24. (ii) in relation to Australia, the institution or agency which has the task of implementing the applicable Australian legislation;
    25. (g) “period of Australian working life residence” means, in relation to a person, the period defined as such under the legislation of Australia but does not inc
    26. (h) “insurance periods” means, in relation to Switzerland, the contribution periods as well as equivalent periods which are determined or recognised as insuranc
    27. (i) “benefit” means, in relation to a Contracting State, a benefit, pension or allowance for which provision is made in the legislation of that Party, and inclu
    28. (j) “reside” means, in relation to Switzerland, stay ordinarily;
    29. (k) “domicile” means, in relation to Switzerland and within the meaning of the Swiss Civil Code, the place in which a person is staying with the intention of li
    30. (l) “refugee” means a refugee as defined by the Convention on the Status of Refugees of 28 July 1951 and the Protocol of 31 January 1967 to that Convention;
    31. (m) “stateless person” means a stateless person as defined by the Convention on the Status of Stateless Persons of 28 September 1954;
    32. (n) “family members and survivors” means, in relation to Switzerland, family members and survivors, whose rights are derived from a national of a Contracting St
    33. (o) “widowed person” means, in relation to Australia, a person who stops being a member of a couple because of the death of the person’s legal husband or wife,
    34. 2. Unless the context otherwise requires, any term not defined in this Agreement has the meaning assigned to it in the applicable legislation.
    35. Article 2
    36. Legislative Scope
    37. 1. Subject to paragraph 2, this Agreement shall apply to the following laws and regulations as amended at the date of signature of this Agreement, and to any la
    38. (a) in relation to Switzerland:
    39. (i) the Federal Act on old-age and survivors’ insurance;
    40. (ii) the Federal Act on disability insurance;
    41. (b) in relation to Australia:
    42. (i) the Acts referred to as “the social security law” in the Social Security Act 1991, and any regulations made under any such Act insofar as those Acts or regu
    43. A. age pension;
    44. B. disability support pension for the severely disabled;
    45. C. pensions payable to widowed persons;
    46. D. double orphan pension; and
    47. E. carer payment;
    48. (ii) the law concerning the superannuation guarantee, which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    49. 2. Notwithstanding the provisions of subparagraph 1(b), this Agreement shall apply to women who are receiving wife pension at the date this Agreement comes into
    50. (a) persons receiving age pension; or
    51. (b) persons receiving disability support pension for the severely disabled.
    52. 3. This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries or which involve a new branch of
    53. 4. Laws within the meaning of paragraph 1 shall not include treaties or other international agreements on social security that may be concluded between one of t
    54. Article 3
    55. Personal Scope
    56. This Agreement shall apply:
    57. (a) in relation to Switzerland,
    58. (i) to the nationals of the Contracting States as well as to their family members and survivors;
    59. (ii) to refugees, to stateless persons and to their family members and survivors who reside in the territory of a Contracting State; but not to derogate from mo
    60. (iii) to other persons not listed above for the purposes of Articles 6, 7, 8, 9, 10, 11, 21 to 25 and Articles 27 to 31 of the Agreement;
    61. (b) in relation to Australia, to any person who is or has been an Australian resident or independently of this Agreement would be subject to the legislation of
    62. Article 4
    63. Equality of Treatment
    64. 1.
    65. (a) Subject to this Agreement, Australian nationals as well as their family members and survivors shall, in the application of the Swiss legislation, receive eq
    66. (b) Subparagraph (a) shall not apply to Swiss legislation:
    67. (i) on the voluntary old-age, survivors’ and disability insurance;
    68. (ii) on old-age, survivors’, and disability insurance of Swiss nationals who are gainfully occupied abroad in the service of the Swiss Confederation or organisa
    69. 2. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by Australia in regard to rights and obligations which arise w
    70. Article 5
    71. Export of Benefits
    72. 1. Unless provided otherwise in this Agreement,
    73. (a) benefits payable under the Swiss legislation shall also be paid to nationals of Australia or other persons to the extent that they derive rights from a nati
    74. (b) Australian benefits which are payable by virtue of this Agreement shall be payable in the territory of Switzerland.
    75. 2.
    76. (a) Benefits payable under the legislation of Switzerland shall be paid to a national of Australia residing in a third State as well as to their family members
    77. (b) Where the legislation of Australia provides that a benefit is payable outside its territory, then that benefit, when payable by virtue of this Agreement, is
    78. 3. Subparagraph 1(a) shall not apply to ordinary pensions for insured persons with a disability of less than fifty percent provided under Swiss disability insur
    79. 4. Where qualification for an Australian benefit is subject to limitations as to time, then references to Australia in those limitations shall be read as refere
    80. 5. Where a double orphan pension would be payable to a person under the social security laws of Australia, in respect of a young person whose sole surviving par
    81. 6. The provisions of this Article shall not apply to carer payment.
    82. 7. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement shall be payable outsid
    83. PART II
    84. PROVISIONS ON COVERAGE
    85. PROVISIONS RELATING TO THE SUPERANNUATION GUARANTEE LEGISLATION OF AUSTRALIA AND TO SWISS LEGISLATION
    86. Article 6
    87. Application of the Part
    88. This part applies where:
    89. (a) without the application of this Part an employee and/or the employer of the employee would otherwise be covered by the legislation of both Contracting State
    90. (b) without the application of Article 8 letter B and Article 9 paragraph 1(b) and paragraph 2(b) an employee from Switzerland and/or the employer of the employ
    91. (c) without the application of any other provision of this Part an employee would not be covered by the legislation of either Contracting State.
    92. Article 7
    93. General Provision
    94. Subject to the other provisions of this Part, if an employee works in the territory of one Contracting State, the employer of the employee and the employee shal
    95. Article 8
    96. Secondment
    97. A. Affiliation under the Australian legislation
    98. 1. If an employee:
    99. (a) has been covered by the Australian legislation;
    100. (b) was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the Australian legislation to work temporarily in the
    101. (c) is working temporarily in the territory of Switzerland in the employment of the employer or a related entity of that employer (i.e. the entity and the emplo
    102. (d) a period of 5 years from the time the employee was sent to work in the territory of Switzerland has not elapsed;
    103. the employer of the employee and the employee shall be subject only to the Australian legislation in respect of the work performed after entry into force of thi
    104. 2. If an employee:
    105. (a) has been covered by the Australian legislation;
    106. (b) was sent, whether before, on or after the commencement of this Part, by the Australian Government including a political subdivision or local authority of Au
    107. (c) is working temporarily in the territory of Switzerland in the employment of the Australian Government including a political subdivision or local authority o
    108. the employer of the employee and the employee shall be subject only to the Australian legislation in respect of the work performed after entry into force of thi
    109. B. Affiliation under the Swiss legislation
    110. 1. If an employee:
    111. (a) has been covered by the Swiss legislation;
    112. (b) was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the Swiss legislation to work temporarily in the terri
    113. (c) is working temporarily in the territory of Australia in the employment of the employer or a related entity of that employer (i.e. the entity and the employe
    114. (d) a period of 5 years from the time the employee was sent to work in the territory of Australia has not elapsed;
    115. the employer of the employee and the employee shall be subject only to the Swiss legislation in respect of the work performed after entry into force of this Agr
    116. 2. If an employee:
    117. (a) has been covered by the Swiss legislation;
    118. (b) was sent, whether before, on or after the commencement of this Part, by a public service of Switzerland to work temporarily in the territory of Australia; a
    119. (c) is working temporarily in the territory of Australia in the employment of the Swiss public service;
    120. the employer of the employee and the employee shall be subject only to the Swiss legislation in respect of the work performed after entry into force of this Agr
    121. 3. The spouse and children accompanying an employee in Australia to whom paragraph 1 or 2 applies shall remain insured under the legislation of Switzerland in s
    122. Article 9
    123. International Transportation
    124. 1.
    125. (a) Subject to paragraph (b) an employee working for a Swiss airline company as the member of the crew of an aircraft in international traffic shall be subject
    126. (b) An Australian resident who is employed by an Australian resident employer as a member of the crew of an aircraft in international traffic shall be subject o
    127. 2.
    128. (a) Subject to paragraph (b) an employee working as the member of the crew of a vessel flying the Swiss flag shall be subject only to the legislation of the Con
    129. (b) An Australian resident who is employed by an Australian resident employer on board a vessel shall be subject only to the legislation of Australia.
    130. Article 10
    131. Diplomatic and Consular Relations
    132. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relat
    133. Article 11
    134. Exceptions from the Provisions on Coverage
    135. The Competent Authorities of both Contracting States may, by mutual consent, agree to a different application of Articles 7, 8 and 9 with respect to any person
    136. PART III
    137. APPLICATION OF SWISS LEGISLATION
    138. Article 12
    139. Disability Insurance: Rehabilitation Measures
    140. 1. Australian nationals, who, immediately prior to eligibility for rehabilitation measures have been liable to pay contributions to the Swiss old age, survivors
    141. 2. Australian nationals, who, immediately prior to eligibility for rehabilitation measures have not been liable to pay contributions to the Swiss old age, survi
    142. 3. Australian nationals residing in Switzerland who leave Switzerland for a period not exceeding three months shall not be deemed to have interrupted their resi
    143. 4. A child who is an Australian national and who is born disabled in Australia to a mother who:
    144. (a) is domiciled and insured in Switzerland; and
    145. (b) was absent from Switzerland for not more than 2 months before the birth;
    146. shall be treated as a child born disabled in Switzerland. In the case of a congenitally handicapped child, Swiss disability insurance shall also be responsible
    147. 5. Paragraph 4 shall apply mutatis mutandis to a child born disabled outside the territory of the Contracting States; in such case, the Swiss disability insuran
    148. Article 13
    149. Continuation of Disability Insurance Coverage
    150. For the purpose of entitlement to ordinary pensions under Swiss legislation on disability insurance, Australian nationals shall remain insured for one year afte
    151. Article 14
    152. Old Age, Survivors’ and Disability Insurance: Lump Sum Payments
    153. 1. If an Australian national or their survivor who does not reside in Switzerland is entitled to an ordinary partial pension under the Swiss old age and survivo
    154. 2. If the ordinary partial pension is equivalent to more than 10% but not more than 20% of the corresponding ordinary full pension, an Australian national or th
    155. 3. In the case of a married couple where both spouses have been insured under the Swiss insurance, the lump sum is paid to one spouse only when the other spouse
    156. 4. When the lump sum has been paid out by the Swiss insurance institution no further claims can be asserted against that institution in respect of previous cont
    157. 5. Paragraphs 1 to 4 shall apply mutatis mutandis to ordinary pensions of the Swiss disability insurance provided that:
    158. (a) the person, who has entitlement, has achieved the age of 55 years; and
    159. (b) the Swiss insurance doesn’t require any further verification of the fulfilment of the conditions concerning the disability of that person.
    160. Article 15
    161. Extraordinary Pensions
    162. 1. Australian nationals shall under the same conditions as Swiss nationals be entitled to receive a Swiss extraordinary survivors’ pension, disability pension o
    163. 2. For the purpose of paragraph 1:
    164. (a) no account shall be taken of any period during which the persons concerned were exempted of the Swiss old age, survivors’ and disability insurance; and
    165. (b) a period of residence in Switzerland shall not be regarded as interrupted if the absence from Switzerland is not more than three months in any calendar year
    166. Article 16
    167. Refund of Contributions
    168. 1. Instead of a Swiss pension, an Australian national who has left Switzerland definitively may, on application, obtain the refund of the contributions paid to
    169. 2. Once the refund has been paid, no further claims can be asserted against the Swiss old-age, survivors and disability insurance in respect of previous insuran
    170. PART IV
    171. AUSTRALIAN BENEFITS
    172. Article 17
    173. Residence or Presence in Switzerland or a Third State
    174. 1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit, other than a carer payment, except for not
    175. (a) is an Australian resident or a resident of Switzerland or a third State with which Australia has concluded an agreement on social security which includes pr
    176. (b) is in Australia, or the territory of Switzerland or that third State,
    177. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian res
    178. 2. The requirement for a person to have been an Australian resident at some time shall not apply to a person who claims double orphan pension.
    179. Article 18
    180. Totalisation for Australian Benefits
    181. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    182. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    183. (b) a period of Australian working life residence equal to or greater than the period referred to in paragraph 3; and
    184. (c) insurance periods in Switzerland,
    185. then those insurance periods in Switzerland shall be deemed to be a period in which that person was an Australian resident
    186. - only if those insurance periods in Switzerland have already been used or can be used at the time of totalisation, to obtain a benefit from Switzerland; and
    187. - only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.
    188. 2. For the purpose of this Article, where a person has a period as an Australian resident and insurance periods in Switzerland, any period of overlap shall be t
    189. 3. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    190. (a) for the purpose of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of w
    191. (b) for the purposes of an Australian benefit that is payable to an Australian resident, no minimum period shall be required.
    192. 4. For the purposes of this Article, an insurance period in Switzerland shall not include a period for which a person has received a refund of contributions und
    193. Article 19
    194. Calculation of Australian Benefits
    195. 1. Subject to paragraph 2, where an Australian benefit other than a double orphan pension is payable, whether by virtue of this Agreement or otherwise, to a per
    196. 2. Only a person receiving a proportionalised Australian benefit shall be entitled to receive the concessional assessment of income described in paragraph 1.
    197. 3. The provisions in paragraph 1 of this Article and in Article 20 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    198. 4. Subject to the provisions of paragraph 6 where an Australian benefit, other than carer payment and double orphan pension, is granted by virtue of this Agreem
    199. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Swiss benefit received by that person an
    200. (b) deducting the amount of the Swiss benefit received by that person from the maximum rate of that Australian benefit; and
    201. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculator set out in the legislation of Australia, using as the person’
    202. 5. Where a member of a couple is, or both members of a couple are in receipt of a Swiss benefit or benefits, each of them shall be deemed, for the purpose of pa
    203. 6. Where the rate of a benefit calculated in accordance with paragraph 4 is less than the rate of that benefit which would be payable under paragraph 1 if the p
    204. 7. The provisions of paragraph 4 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    205. 8. Where a person receives a lump sum payment under Swiss legislation, as described in paragraphs 1 and 2 of Article 14, the amount of the lump sum payment shal
    206. 9. For the purposes of paragraph 8 only, for Australia the term Australian benefit shall include all social security payments under the social security laws of
    207. PART V
    208. COMMON PROVISIONS
    209. Article 20
    210. Common Provisions for the Calculation of Benefits
    211. 1. Where a Contracting State (the first Contracting State) makes a payment under this Agreement or under its social security laws to a person who resides in the
    212. 2. The principles set out in paragraph 1 will continue to apply when a beneficiary moves to reside in a third country as if the beneficiary had not moved to tha
    213. 3. Where a person residing in a third country lodges a valid claim for a benefit, the principles set out in paragraphs 1 will be applied as if that person was r
    214. PART VI
    215. MISCELLANEOUS PROVISIONS
    216. Article 21
    217. Exchange of Information and Mutual Assistance
    218. The Competent Authorities and Competent Institutions, to the extent permitted by the legislation they administer, shall:
    219. (a) make the necessary administrative arrangements required to apply this Agreement;
    220. (b) subject to Article 23, communicate to each other any information necessary for the application of this Agreement;
    221. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of the Agreement;
    222. (d) notify each other about all changes to their legislation which may affect the scope and application of this Agreement; and
    223. (e) designate liaison bodies to facilitate the application of this Agreement.
    224. Article 22
    225. 1. Subject to national laws and regulations, when implementing this Agreement the Competent Authorities and Competent Institutions of the Contracting States sha
    226. 2. When assessing the degree of disability the Competent Institutions of each Contracting State may, where appropriate, take account of information and medical
    227. Article 23
    228. Data Protection
    229. 1. In providing assistance under Article 21, a Contracting State shall supply to the other Contracting State data about a person, particularly about any payment
    230. (a) wishes to make use of any provision of the Agreement;
    231. (b) claims a benefit from the first Contracting State after the Agreement enters into force; or
    232. (c) is receiving a benefit from the second Contracting State before the Agreement enters into force and authorises the first Contracting State to provide the da
    233. 2. In no case shall the provisions of this Agreement be construed so as to impose on the Competent Authority or Competent Institution of a Contracting State the
    234. (a) to carry out administrative measures at variance with the laws and regulations or administrative practice of that Contracting State or the other Contracting
    235. (b) to supply details which are not obtainable under its laws and regulations or in the normal course of the administration of that Contracting State or of the
    236. 3. When information is transmitted in accordance with the Agreement, the following provisions are applicable for the processing and protection of that informati
    237. (a) The receiving Competent Authority or Competent Institution shall use the information only:
    238. (i) for the purpose indicated; or
    239. (ii) in accordance with its own legislation, for other purposes concerning social security, including related judicial procedure.
    240. (b) The Competent Authority or Competent Institution that provides the information shall ensure that it is accurate and that the contents are for the purpose in
    241. (c) The transmitted information shall be kept only as long as the purpose for which it was transmitted requires. It should be ensured that the destruction of th
    242. (d) The Competent Authorities and Competent Institutions shall protect all information provided against any non-authorised access, non-authorised modification o
    243. Article 24
    244. Lodgement of Documents
    245. 1. Any reduction in or exemption from fees or stamp duties for documents and certificates provided for in the legislation of one Contracting State with respect
    246. 2. Documents and certificates, which are to be produced for the purposes of applying this Agreement, shall not require diplomatic or consular authentication.
    247. Article 25
    248. 1. The Competent Authorities, courts and Competent Institutions of a Contracting State may not refuse to deal with requests or to take account of other document
    249. 2. When applying this Agreement the Competent Authorities, courts and Competent Institutions of the Contracting States may correspond directly with each other a
    250. 3. The reference in this Article to a court is a reference to a Swiss court.
    251. Article 26
    252. 1. A claim, submitted to a Competent Institution in the territory of a Contracting State for a benefit in accordance with the legislation of that Contracting St
    253. 2. The date of receipt of a claim in accordance with paragraph 1 shall be deemed to be the date of lodgement of that claim under the legislation of the first Co
    254. Article 27
    255. 1. A claim, notice or appeal which is, in accordance with the legislation of a Contracting State, to be submitted to the Competent Authority or Competent Instit
    256. 2. The Competent Authority or Competent Institution to which the claim, notice or appeal has been submitted shall arrange for it to be transmitted to the Compet
    257. 3. The reference in this Article to an appeal document is a document concerning an appeal that may be made to an administrative body established by the social s
    258. Article 28
    259. 1. Payments of cash benefits under this Agreement may be made in the currency of the Contracting State whose Competent Institution has to make the payments or o
    260. 2. If a Competent Institution of one Contracting State has to make payments to a Competent Institution of the other Contracting State, such payments shall be ma
    261. 3. Should a Contracting State make provisions to restrict foreign exchange operations, that Contracting State shall immediately adopt measures to secure the tra
    262. 4. A benefit payable by a Contracting State by virtue of this Agreement or under its legislation shall be paid by that Contracting State without deduction of ad
    263. Article 29
    264. Recovery of Overpayments
    265. 1. If a Competent Institution of a Contracting State has overpaid cash benefits to any person under this Agreement the amount of the overpayment may be deducted
    266. 2. In relation to Australia a reference in paragraph 1 to a benefit means a pension, benefit or allowance payable under its social security laws.
    267. Article 30
    268. Resolution of difficulties
    269. 1. The Competent Authorities of the Contracting States shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agre
    270. 2. If a solution cannot be found in this way, the matter in dispute shall be referred to arbitration which shall settle it within the meaning and spirit of this
    271. 3. Paragraph 2 does not apply in relation to the application of Part II of this Agreement.
    272. PART VII
    273. TRANSITIONAL AND FINAL PROVISIONS
    274. Article 31
    275. Recognition of Prior Periods and Events
    276. 1. This Agreement shall also apply to contingencies which materialised before the date of its entry into force.
    277. 2. This Agreement shall not confer any rights to the payment of benefits in respect of periods before its entry into force.
    278. 3. For the purposes of determining entitlement of a person to a benefit pursuant to this Agreement:
    279. (a) in relation to Switzerland, account shall also be taken of all Swiss insurance periods completed before the entry into force of this Agreement;
    280. (b) in relation to Australia, any events or facts and any periods
    281. (i) as an Australian resident;
    282. (ii) of Australian working life residence; or
    283. (iii) of Swiss insurance,
    284. shall, subject to this Agreement, be taken into account in so far as those periods, events or facts are applicable in regard to that person regardless of when t
    285. 4. This Agreement shall not apply to claims which have been settled by a lump sum or the refund of contributions before its entry into force.
    286. Article 32
    287. Decisions And Claims Made Before The Entry Into Force
    288. 1. Decisions made before the entry into force of this Agreement shall not prevent the application of this Agreement.
    289. 2. Claims which were determined before the entry into force of this Agreement shall on request be re-examined in accordance with this Agreement.
    290. 3. Revisions carried out by virtue of this Article shall not result in a reduction in the amount of benefit being paid before the revisions.
    291. 4. Subject to paragraph 2 of Article 31, in the case of claims which are being examined under paragraph 2, the prescribed time limits for lodgement of claims an
    292. Article 33
    293. Review of Agreement
    294. Where a Contracting State requests the other to meet to review this Agreement the Contracting States shall meet for that purpose as soon as possible and, unless
    295. Article 34
    296. Entry Into Force And Termination
    297. 1. This Agreement shall enter into force on the first day of the month following the month in which notes are exchanged by the Contracting States through the di
    298. 2. Except where the Agreement has been terminated under Article 60 of the Vienna Convention on the Law of Treaties of 23 May 1969 and subject to paragraph 3, th
    299. 3. In the event that this Agreement is terminated in accordance with paragraph 2:
    300. (a) the Agreement shall continue to have effect in relation to all persons who:
    301. (i) at the date of termination, are in receipt of benefits by virtue of this Agreement;
    302. (ii) prior to the expiry of the period referred to in paragraph 2, have lodged claims for, and would be entitled to receive benefits by virtue of this Agreement
    303. (iii) immediately before the date of termination, are subject only to the legislation of one Contracting State by virtue of Article 8 of this Agreement provided
    304. (b) entitlements in the process of being acquired pursuant to the provisions of this Agreement may be settled by agreement.
    305. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    306. DONE in two copies at Canberra this ninth day of October, two thousand and six in the English and French languages, both texts being equally authoritative.
    307. FOR THE GOVERNMENT OF AUSTRALIA FOR THE SWISS FEDERAL COUNCIL Mal Brough Pascal Couchepin Minister for Families, Community Services and Indigenous Affairs Head
24. Schedule 21 · Republic of Korea
    1. Note: See Section 5.
    2. AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA
    3. The Government of Australia and the Government of the Republic of Korea (hereinafter referred to as the “Contracting Parties”),
    4. Being desirous of regulating the relationship between their two countries in the field of social security and coverage,
    5. Have agreed as follows: ‘
    6. PART I General Provisions
    7. Article 1 Definitions
    8. 1. For the purposes of this Agreement:
    9. (a) “national” means, as regards the Republic of Korea (hereinafter referred to as “Korea”), a national of Korea as defined in the Nationality Law, as amended,
    10. (b) “legislation” means, in relation to Korea, the laws and regulations specified in paragraph 1(a) of Article 2, and in relation to Australia, the laws specifi
    11. (c) “Competent Authority” means, as regards Korea, the Minister of Health and Welfare, and as regards Australia, the Secretary to the Commonwealth Department re
    12. (d) “agency” means, as regards Korea, the National Pension Service, and, as regards Australia, the institution or agency which has the task of implementing the
    13. (e) “period of coverage” in relation to Korea means a period of contributions under the legislation of Korea and any other period taken into account under that
    14. (f) “period of Australian working life residence” means, unless otherwise provided in this Agreement, a period defined as such in the legislation of Australia b
    15. (g) “benefit” means, in relation to Korea, any benefit provided for in the legislation specified in paragraph 1(a) of Article 2 and in relation to Australia, a
    16. 2. Any term not defined in this Article shall have the meaning assigned to it in the legislation of the Contracting Parties specified in Article 2.
    17. Article 2 Legislative Scope
    18. 1. This Agreement shall apply to the following legislation:
    19. (a) As regards Korea,
    20. (i) the National Pension Act and enforcement rules and regulations thereof; and
    21. (ii) with regard to benefits under the Agreement, the provisions of the legislation under the preceding sub-paragraph (a)(i) concerning old age pension and lump
    22. (b) As regards Australia,
    23. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects, age pension; and
    24. (ii) the law concerning the superannuation guarantee: the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and t
    25. 2. Unless otherwise provided in this Agreement, the legislation referred to in paragraph 1 of this Article shall not include treaties or other international agr
    26. 3. This Agreement shall also apply to future legislation which amends, supplements, consolidates or supersedes the legislation specified in paragraph 1 of this
    27. Article 3 Personal Scope
    28. This Agreement shall apply to any person who:
    29. (a) is or has been an Australian resident; or
    30. (b) is or has been subject to the legislation of Korea;
    31. and, where applicable, to other persons in regard to the rights derived from the person described above.
    32. Article 4 Equality of Treatment
    33. Unless otherwise provided in this Agreement, all persons to whom this Agreement applies in accordance with Article 3 shall be treated equally by a Contracting P
    34. Article 5 Export of Benefits
    35. 1. Unless otherwise provided in this Agreement, any provision of the legislation of one Contracting Party which restricts entitlement to or payment of cash bene
    36. 2. Where the legislation of a Contracting Party provides that a benefit is payable outside the territory of that Contracting Party, then that benefit, when paya
    37. 3. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement, as defined in Article
    38. PART II Provisions on Coverage
    39. Article 6 Purpose of this Part
    40. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Korea or Australia do not have a double liability under
    41. Article 7 Application of this Part
    42. 1. This Part applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties in respect of
    43. 2. For the purposes of Articles 6, 7, and 11, the legislation includes, with regards to Korea, the statutory pension scheme for civil servants.
    44. Article 8 General Provisions
    45. 1. Except as otherwise provided in this Part, a person employed within the territory of one Contracting Party and the person’s employer shall, with respect to t
    46. 2. A person, who is a resident of Korea and is engaged in self-employment in the territory of either Contracting Party in respect of that self-employment, shall
    47. 3. This Agreement shall not preclude the possibility for a person to be voluntarily insured under the Korean legislation.
    48. Article 9 Seconded Workers
    49. 1. If an employee:
    50. (a) is covered by the legislation of one Contracting Party (the first Contracting Party); and
    51. (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of the first Contracting Part
    52. (c) is working in the territory of the second Contracting Party in the employment of the employer or a related entity of that employer; and
    53. (d) has been in the territory of the second Contracting Party for a period not exceeding 5 years after being sent to work in that territory by the employer; and
    54. (e) is not working permanently in the territory of the second Contracting Party;
    55. the employer of the employee and the employee shall be subject only to the legislation of the first Contracting Party in respect of the work and the remuneratio
    56. 2. In case the duration for which the employee is working continues beyond the period specified in paragraph 1(d) of this Article, the legislation of the first
    57. 3. For the purposes of paragraph 1(c) of this Article, an entity is a related entity of an employer if the entity and the employer are members of the same wholl
    58. Article 10 Mariners and Aircraft Crew
    59. If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer of the employee and the employee shall i
    60. Article 11 Member of Diplomatic Mission and Civil Servants
    61. 1. Nothing in this Agreement shall affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or of the Vienna Convention on Consu
    62. 2. If an employee:
    63. (a) is covered by the legislation of one Contracting Party (the first Contracting Party); and
    64. (b) was sent, whether before, on or after the entry into force of this Agreement, by the Government of the first Contracting Party to work in the territory of t
    65. (c) is working in the territory of the second Contracting Party in the employment of the Government of the first Contracting Party; and
    66. (d) is not working permanently in the territory of the second Contracting Party;
    67. the employer of the employee and the employee shall be subject only to the legislation of the first Contracting Party in respect of the work and the remuneratio
    68. Article 12 Modification Provision
    69. The Competent Authorities of both Contracting Parties or the agencies designated by them may agree to grant an exception to the provisions of this Part with res
    70. PART III Provisions relating to Korean Benefits
    71. Article 13 Totalisation and Calculation of Pensions
    72. 1. For the purposes of this Article a period of Australian working life residence means a period:
    73. (a) defined as such in the legislation of Australia; and
    74. (b) during which the person was employed or self-employed or the person’s employer was subject to the legislation specified in paragraph 1(b)(ii) of Article 2.
    75. 2. When periods of coverage have been completed under the legislation of Korea, the agency of Korea shall, in determining eligibility for benefits under the leg
    76. 3. The calculation of the pension shall be determined by the legislation of Korea unless otherwise provided in this Agreement.
    77. 4. Where periods of Australian working life residence are taken into account to establish eligibility for benefits under the legislation of Korea in accordance
    78. (a) the agency of Korea shall first compute a pension amount equal to the amount that would have been payable to the person if the total of the periods of Austr
    79. (b) the agency of Korea shall calculate the partial benefit to be paid in accordance with the legislation of Korea based on the pension amount calculated accord
    80. Article 14 Special Provisions
    81. 1. Lump-sum refunds shall be granted to Australian nationals under the same conditions as they are granted to Korean nationals in accordance with the legislatio
    82. 2. For the purposes of Parts III and IV, the periods of coverage for which contributions have been refunded in lump-sum shall not be certified by the agency of
    83. 3. Notwithstanding any other provision of this Agreement, if the total duration of the creditable periods of coverage accumulated by a person under the legislat
    84. PART IV Provisions relating to Australian Benefits
    85. Article 15 Residence or Presence in Korea or a Third State
    86. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian
    87. (a) is an Australian resident or a resident of Korea or a third State with which Australia has concluded an agreement on social security that includes provision
    88. (b) is in Australia, or Korea or that third State,
    89. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    90. Article 16 Totalisation for Australia
    91. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    92. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    93. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
    94. (c) a period of coverage in Korea,
    95. then, for the purposes of a claim for that Australian benefit, that period of coverage in Korea shall be deemed to be a period in which that person was an Austr
    96. - only if that period of coverage in Korea is certified by the agency of Korea at the request of the Australian agency; and
    97. - only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.
    98. 2. For the purposes of paragraph 1, where a person:
    99. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    100. (b) has accumulated a period of coverage in Korea in two or more separate periods that equals or exceeds in total the minimum period referred to in the precedin
    101. the total of the periods of coverage in Korea shall be deemed to be one continuous period.
    102. 3. For the purposes of this Article, where a period by a person as an Australian resident and a period of coverage in Korea coincide, the period of coincidence
    103. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    104. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    105. (b) for the purposes of an Australian benefit that is payable to an Australian resident, there shall be no minimum period.
    106. Article 17 Calculation of Australian Benefits
    107. 1. Subject to paragraphs 2 and 3, where an Australian benefit is payable by virtue of this Agreement or otherwise to a person who is outside Australia, the rate
    108. 2. A person referred to in paragraph 1 of this Article shall be entitled to receive the assessment of income described in that paragraph only for any period dur
    109. 3. The provision in paragraph 1 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    110. 4. Subject to paragraph 5, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit sha
    111. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation any Korean benefit which that person or the
    112. (b) deducting the amount of the Korean benefit which that person is entitled to receive from the maximum rate of that Australian benefit; and
    113. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    114. 5. The provisions in paragraph 4 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    115. 6. Where a member of a couple is, or both that person and his or her partner are, entitled to a Korean benefit or benefits, each of them shall be deemed, for th
    116. PART V Miscellaneous Provisions
    117. Article 18 Administrative Arrangement
    118. 1. The Competent Authorities of the Contracting Parties shall conclude an Administrative Arrangement that sets out the measures necessary for the implementation
    119. 2. The liaison agencies of each Contracting Party shall be designated in the Administrative Arrangement.
    120. Article 19 Exchange of Information and Mutual Assistance
    121. 1. The Competent Authorities and agencies of the Contracting Parties shall, within the scope of their respective authorities:
    122. (a) communicate to each other, to the extent permitted by their national laws and regulations, any information necessary for the application of this Agreement;
    123. (b) assist each other with regard to the determination of entitlement to, or payment of, any benefit under this Agreement, or the legislation to which this Agre
    124. (c) communicate to each other, as soon as possible, information concerning the measures taken by them for the application of this Agreement and of any changes i
    125. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parti
    126. 2. The assistance referred to in paragraph 1(b) of this Article shall be provided free of charge, subject to any exceptions to be agreed upon in the Administrat
    127. Article 20 Confidentiality of Information
    128. Unless otherwise required by the national laws and regulations of a Contracting Party, information about an individual which is transmitted in accordance with t
    129. Article 21 Exemption from Fees and Certification of Documents
    130. 1. Where the legislation of a Contracting Party provides that any document which is submitted to the Competent Authority or agency of that Contracting Party sha
    131. 2. Documents and certificates which are presented by the Competent Authority or the agency of either Contracting Party for purposes of this Agreement shall be e
    132. 3. Copies of documents which are certified as true and exact copies by an agency of one Contracting Party shall be accepted as true and exact copies by an agenc
    133. Article 22 Language of Communications
    134. 1. The Competent Authorities and agencies of the Contracting Parties may correspond directly with each other and with any person, wherever that person may resid
    135. 2. An application or document may not be rejected by a Competent Authority or agency of a Contracting Party solely because it is in an official language of the
    136. Article 23 Lodgment of Claims, Notices or Appeals
    137. 1. Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Contracting Party which should, for the purposes
    138. 2. The date on which a claim, notice or appeal concerning the determination or payment of a benefit under the legislation of one Contracting Party is lodged wit
    139. 3. If, after the entry into force of this Agreement, a person files a written application for benefits with the agency of a Contracting Party under the legislat
    140. (a) is entitled on age grounds to lodge a valid claim for a benefit of the other Contracting Party; and
    141. (b) requests that it be considered as an application under the legislation of the other Contracting Party; or
    142. (c) provides information indicating that periods of coverage have been completed under the legislation of the other Contracting Party.
    143. 4. In any case to which paragraphs 1, 2 or 3 applies, the Competent Authority or agency to which the claim, notice or appeal has been submitted shall indicate t
    144. 5. In relation to Australia, the reference in paragraph 1 to an appeal document is a reference to a document concerning an appeal that may be made to an adminis
    145. Article 24 Currency
    146. 1. The agency of a Contracting Party may pay benefits in accordance with this Agreement in the currency of that Contracting Party.
    147. 2. In the event that a Contracting Party imposes currency controls or other similar measures that restrict payments, remittance or transfers of funds or financi
    148. Article 25 Payment of Benefits
    149. 1. This Agreement shall not establish any right to payment of a benefit for any period before the date of the entry into force of this Agreement.
    150. 2. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
    151. (a) a period as an Australian resident and a period of coverage in Korea; and
    152. (b) any event or fact which is relevant to that eligibility or entitlement;
    153. shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they w
    154. 3. The payment outside Australia of an Australian benefit that is payable by virtue of this Agreement shall not be restricted by those provisions of the legisla
    155. Article 26 Resolution of Disputes
    156. Any disagreement regarding the interpretation or application of this Agreement shall be resolved by consultation between the Competent Authorities of the Contra
    157. Article 27 Review of Agreement
    158. Where a Contracting Party requests the other Contracting Party to meet to review this Agreement, the Contracting Parties shall meet for that purpose on a date t
    159. PART VI Transitional and Final Provisions
    160. Article 28 Transitional Provisions
    161. 1. Determinations concerning entitlement to benefits which were made before the entry into force of this Agreement shall not affect rights arising under it.
    162. 2. In applying Article 9 in case of persons who were sent to a Contracting Party prior to the date of entry into force of this Agreement, the periods of employm
    163. 3. The provisions of Parts III and IV shall apply only to benefits for which an application is filed on or after the date this Agreement enters into force.
    164. Article 29 Entry into Force
    165. This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Contracting Parties through th
    166. Article 30 Period of Duration and Termination
    167. 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Contracting Party receives from
    168. 2. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    169. (a) at the date on which termination takes effect, are in receipt of benefits; or
    170. (b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    171. (c) immediately before the date of termination are subject only to the legislation of one Contracting Party by virtue of Article 9 and paragraph 2 of Article 11
    172. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, by their respective Governments, have signed this Agreement.
    173. DONE in duplicate at Canberra on the sixth day of December TWO THOUSAND AND SIX, in the English and Korean languages, each text being equally authentic.
    174. FOR THE GOVERNMENT OF AUSTRALIA FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA Alexander Downer Minister for Foreign Affairs Song Min-soon Minister for Foreign Aff
25. Schedule 22 · Hellenic Republic
    1. Note: See Section 5.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE HELLENIC REPUBLIC ON SOCIAL SECURITY
    3. The Government of Australia and the Government of the Hellenic Republic (hereinafter “the Parties”),
    4. Wishing to strengthen the existing friendly relations between the two countries,
    5. and
    6. Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage,
    7. Have agreed as follows:
    8. PART I
    9. GENERAL PROVISIONS
    10. Article 1
    11. Definitions
    12. 1. In this Agreement, unless the context otherwise requires:
    13. “benefit” means, in relation to Australia, a benefit, pension or allowance for which provision is made in the legislation of Australia, and includes any additio
    14. “Competent Authority” means, in relation to Australia, the Secretary to the Commonwealth Department responsible for the legislation specified in subparagraph 1(
    15. “Competent Institution” means, in relation to Australia, the institution or agency which has the task of implementing the applicable Australian legislation; and
    16. “legislation” means, in relation to Australia, the laws specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of the A
    17. “period of Australian working life residence” means, a period defined as such in the legislation of Australia but does not include any period deemed pursuant to
    18. “period of insurance” means, in relation to Hellas, each period of paid contributions which gives a right to an entitlement on the basis of Article 2 and each p
    19. “territory” means, in relation to Australia, Australia as defined in the legislation of Australia; and, in relation to Hellas, Hellas as defined in the legislat
    20. 2. Unless the context otherwise requires, any term not defined in this Article shall have the meaning assigned to it in the legislation of either contracting Pa
    21. Article 2
    22. Legislative Scope
    23. 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequ
    24. (a) in relation to Australia:
    25. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;
    26. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    27. (b) in relation to Hellas regarding the old age pension:
    28. i. the general legislation of social insurance covering the employed and the equivalent to them.
    29. ii. the legislation provided under the specific systems of social insurance covering all the categories of the employed.
    30. iii. the legislation provided under the system of social insurance covering the self employed.
    31. iv. the legislation covering the persons, who are insured under the OGA social security system (Organization of Agricultural Insurance).
    32. This Agreement (other than Part II) shall not apply to the specific social security systems covering the civil servants and the merchant marines who are only su
    33. 2. Unless otherwise provided in this Agreement, the legislation referred to in paragraph 1 of this Article shall not include treaties or other international agr
    34. 3. This Agreement shall apply to laws or regulations which extend the existing legislation of either Party to new categories of beneficiaries only if the two Pa
    35. Article 3
    36. Personal Scope
    37. This Agreement shall apply to any person who:
    38. (a) is or has been an Australian resident; or
    39. (b) is or has been subject to the legislation of Hellas,
    40. and, where applicable, to other persons in regard to the rights they derive from the person described above.
    41. Article 4
    42. Equality of Treatment
    43. Subject to this Agreement and unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and
    44. Article 5
    45. Export of Benefits
    46. 1. Benefits of one Party, when payable by virtue of this Agreement, shall be payable to persons who are residents of, or in, the territory of either Party.
    47. 2. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement, shall be payable outsi
    48. 3. In relation to Hellas, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement, shall be payable outside
    49. PART II
    50. PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
    51. Article 6
    52. Purpose of this Part
    53. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Australia or Hellas do not have a double liability unde
    54. Article 7
    55. Application of this Part
    56. This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties.
    57. Article 8
    58. Provisions related to the affiliation with
    59. Social Security and Superannuation Guarantee
    60. 1. Unless otherwise provided in this article, an employee working in the territory of one of the contracting Parties will be subject only, in respect of this wo
    61. 2. If an employee:
    62. (a) is covered by the legislation of one contracting Party (‘the first contracting Party’);
    63. (b) was sent, whether before, on or after the commencement of this Part, by the Government of the first contracting Party to work in the territory of the other
    64. (c) is working in the territory of the second contracting Party in the employment of the Government of the first contracting Party; and
    65. (d) is not working permanently in the territory of the second contracting Party;
    66. the employer of the employee and employee shall be subject only to the legislation of the first contracting Party in respect of the work performed after the ent
    67. 3. If a self-employed person:
    68. (a) is working in the territory of one contracting Party, he is subject to the legislation of this Party even if he has his residence in the territory of the ot
    69. (b) is working as an employee in the territory of one contracting Party and at the same time as a self-employed person in the territory of the other contracting
    70. 4. If an employee:
    71. (a) is covered by the legislation of one contracting Party (‘the first contracting Party’);
    72. (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of the first Party to work in
    73. (c) is working in the territory of the second contracting Party in the employment of the employer or a related entity of that employer and a period of 4 years f
    74. (d) the employee is not working permanently in the territory of the second contracting Party;
    75. the employer of the employee and the employee shall be subject only to the legislation of the first Party in respect of the work performed after the entry into
    76. 5. For the purposes of subparagraph 4(c) a related entity is an entity of an employer if the entity and the employer are members of the same wholly or majority
    77. 6. The competent authorities of both contracting Parties may, after a common agreement, modify the implementation of the provisions of this Article with respect
    78. Article 9
    79. Diplomatic and Consular Relations
    80. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations
    81. PART III
    82. PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    83. Article 10
    84. Residence or Presence in Hellas
    85. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian
    86. (a) is an Australian resident or a resident of Hellas; and
    87. (b) is in Australia, or in the territory of Hellas;
    88. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    89. Article 11
    90. Totalisation for Australia
    91. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    92. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    93. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
    94. (c) a period of insurance under the legislation of Hellas;
    95. then, for the purposes of a claim for that Australian benefit, that period of insurance under the legislation of Hellas shall be deemed to be a period in which
    96. 2. For the purposes of paragraph 1, where a person:
    97. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    98. (b) has accumulated a period of insurance under the legislation of Hellas in two or more separate periods that equals or exceeds in total the minimum period ref
    99. the total of the periods of insurance under the legislation of Hellas shall be deemed to be one continuous period.
    100. 3. For the purposes of this Article, where a period by a person as an Australian resident and a period of insurance under the legislation of Hellas coincide, th
    101. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    102. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    103. (b) for the purposes of an Australian benefit that is payable to an Australian resident, there shall be no minimum period.
    104. 5. For the purpose of this Article, a period of insurance under the legislation of Hellas shall be deemed as a period as an Australian resident only if that per
    105. Article 12
    106. Calculation of Australian Benefits
    107. 1. Subject to paragraphs 2, 3, 4 and 5, where an Australian benefit is payable to a person outside Australia only by virtue of this Agreement, the rate of that
    108. a. calculating that person’s income according to the legislation of Australia, including any benefit payable under the legislation of Hellas which that person o
    109. b. applying to the maximum rate of Australian benefit the relevant rate calculator set out in the legislation of Australia, using as the person’s income the amo
    110. c. proportionalising, if applicable, the amount of benefit calculated under sub-paragraph (b) by multiplying that amount by the person’s period of Australian wo
    111. 2. Subject to paragraphs 3, 4 and 5, where an Australian benefit is payable to a person outside Australia only by virtue of this Agreement, and the person had c
    112. a. calculating that person’s income according to the legislation of Australia, including any benefit payable under the legislation of Hellas which that person o
    113. b. applying to the maximum rate of Australian benefit the relevant rate calculator set out in the legislation of Australia, using as the person’s income the amo
    114. c. proportionalising, if applicable, the amount of benefit calculated under sub-paragraph (b) by multiplying that amount by the person’s period of Australian wo
    115. 3. Where the rate of an Australian benefit is determined according to paragraph 2 and the person again becomes an Australian resident, the rate of benefit shall
    116. 4. The provisions in paragraphs 1, 2, and 5 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    117. 5. Where an Australian benefit is payable to a person outside Australia, whether by virtue of this Agreement or otherwise, the following payments under the legi
    118.  Pensioners’ Social Solidarity Benefit (EKAS);
    119.  Uninsured Aged Person’s Pension (OGA);
    120.  benefits for or in respect of dependent children who satisfy the definition of a dependent child under Australian domestic law, but for residence requirements
    121. 6. Subject to paragraph 7, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit sha
    122. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of Hellas
    123. (b) deducting the amount of the benefit under the legislation of Hellas which that person is entitled to receive from the maximum rate of that Australian benefi
    124. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    125. 7. Paragraph 6 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    126. 8. Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of Hellas each of them
    127. PART IV
    128. PROVISIONS RELATED TO BENEFITS UNDER THE ΗΕLLΕNIC LEGISLATION
    129. Article 13
    130. Totalisation of insurance periods, residence and calculation of benefits
    131. 1. If a person is entitled to an Hellenic benefit without recourse to the provisions of paragraph 2 and 3 of this Article the amount of the benefit is determine
    132. 2. Where no entitlement to Hellenic benefit exists on the basis of Hellenic insurance periods, the periods of residence completed under Australian legislation s
    133. 3. Where periods of residence completed under Australian legislation are taken into account for the acquisition of the right according to the previous paragraph
    134. a. The competent Institution first calculates the amount of the benefit which would have been awarded to the person concerned if the periods completed under Aus
    135. b. The competent Institution in determining the amount of the benefit takes into consideration the salary (earnings), income or contributions which have been pa
    136. c. where the amount determined as above is less than the minimum benefit provided by the Hellenic legislation then the minimum amount shall substitute the amoun
    137. 4. On the basis of the amount calculated according to the previous paragraph the competent institution determines the amount of the partial benefit payable by i
    138. 5. If the total length of the periods of insurance which shall be taken into account in accordance with Hellenic legislation for the calculation of the benefit
    139. 6. Only Hellenic insurance periods are taken into account when establishing the kind of benefit and the competent institution.
    140. 7. For the purposes of this Article
    141. (a) one (1) month of residence in Australia is equivalent to 25 days of insurance in Hellas and
    142. (b) one (1) year of residence in Australia is equivalent to 300 days of insurance in Hellas.
    143. 8. For the purpose of this Article, a period of residence in Australia shall be deemed as a period of insurance in Hellas only if that period of residence under
    144. PART V
    145. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    146. Article 14
    147. Lodgement of Documents
    148. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Party in a
    149. 2. For the purposes of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent I
    150. 3. A claim for a benefit from one Party shall be considered as a claim for the corresponding benefit from the other Party so long as the claimant has indicated
    151. 4. The reference in paragraph 1 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established b
    152. Article 15
    153. Payment of Benefits
    154. 1. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concer
    155. 2. If a Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Party shall implement measures as soon as
    156. 3. While the measures in paragraph 2 are being implemented, the Party not imposing the restrictions set out in paragraph 2 may impose restrictions on the paymen
    157. 4. Where a Party has imposed legal or administrative restrictions on the transfer of its currency outside of its territory as mentioned in paragraph 2, it shall
    158. 5. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party, whether the beneficiary is in the territory of that Party or the other
    159. 6. Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required
    160. Article 16
    161. Recovery of overpayments
    162. 1. Where:
    163. (a) an amount of arrears of benefit is paid or payable by a Party; and
    164. (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and
    165. (c) the amount of the benefit paid by the other party would have been reduced had the benefit paid or payable by the first Party been paid during that period;
    166. (d) then the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout th
    167. 2. Where the first Party has not yet paid the arrears of benefit described in subparagraph 1(a) to the person, that Party shall, at the request of the other Par
    168. 3. The Competent Institution receiving a request under paragraph 2 shall transfer the amount of the debt to the Competent Institution making the request.
    169. Article 17
    170. Exchange of Information and Mutual Assistance
    171. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:
    172. (a) communicate to each other any information necessary for the application of this Agreement or for the purposes of their social security laws;
    173. (b) lend their good offices and furnish assistance to one another (including the communication to each other of any information necessary) with regard to the de
    174. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in t
    175. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parti
    176. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the Competent Authorities and Competen
    177. 3. Unless disclosure is required under the legislation of a Party, any information about an individual which is transmitted in accordance with this Agreement to
    178. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligat
    179. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
    180. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or the other Party.
    181. 5. Notwithstanding any laws or administrative practices of a Party, no information concerning a person which is received by that Party from the other Party shal
    182. 6. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other in any of the official
    183. Article 18
    184. Administrative Arrangement
    185. 1. The Competent Authorities of the Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementation of this Ag
    186. 2. The Competent Authorities shall appoint liaison bodies which are to be listed in the Administrative Arrangement.
    187. Article 19
    188. Resolution of Disputes
    189. 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accor
    190. 2. The Parties shall consult promptly at the request of either Party concerning matters which have not been resolved by the Competent Authorities in accordance
    191. Article 20
    192. Review of Agreement
    193. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than six months after that request was made
    194. PART VI
    195. TRANSITIONAL AND FINAL PROVISIONS
    196. Article 21
    197. Transitional Provisions
    198. 1. In determining entitlement to a benefit under this Agreement, periods as an Australian resident, periods of Australian working life residence and periods of
    199. 2. Where, on the date on which this Agreement enters into force, a person is in receipt of a benefit under the legislation of either Party, no provision of this
    200. Article 22
    201. Entry into Force
    202. This Agreement shall enter into force on the first day of the second month following the final day of the month in which notes are exchanged by the Parties thro
    203. Article 23
    204. Termination
    205. 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a
    206. 2. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    207. (a) at the date on which termination takes effect, are in receipt of benefits;
    208. (b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    209. (c) immediately before the date of termination are subject only to the legislation of one Party by virtue of Article 8 of Part II of the Agreement, provided the
    210. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    211. DONE in two originals at Canberra this twenty-third day of May two thousand and seven in the English and Greek languages, each text being equally authoritative.
    212. FOR THE GOVERNMENT OF AUSTRALIA: ……………………………… FOR THE GOVERNMENT OF THE HELLENIC REPUBLIC: ………………………………………… Mal Brough Minister for Families, Community Services
26. Schedule 23 · Japan
    1. Note: See section 5.
    2. Agreement between Australia and Japan on Social Security
    3. Australia and Japan,
    4. Being desirous of regulating the relationship between them in the field of social security,
    5. Have agreed as follows:
    6. Part I
    7. General Provisions
    8. Article 1
    9. Definitions
    10. 1. For the purpose of this Agreement,
    11. (a) “territory” means,
    12. as regards Japan,
    13. the territory of Japan,
    14. as regards Australia,
    15. the territory of the Commonwealth of Australia excluding all external territories other than those external territories that are:
    16. (i) included in the definition of ‘Australia’ in the legislation of Australia; and
    17. (ii) one of the following external territories: the Territory of Cocos (Keeling) Islands, the Territory of Christmas Island, the Territory of Norfolk Island, th
    18. (b) “national” means,
    19. as regards Japan,
    20. a Japanese national within the meaning of the national statute on nationality of Japan,
    21. as regards Australia,
    22. a citizen within the meaning of the law on citizenship of Australia;
    23. (c) “legislation” means,
    24. as regards Japan,
    25. the national statutes and regulations of Japan concerning the Japanese pension systems specified in paragraph 2 of Article 2,
    26. as regards Australia,
    27. the Acts specified in subparagraph 1(a) of Article 2 except in relation to the application of Articles 6 to 13 of this Agreement (including the application of o
    28. however, the treaties or other international agreements on social security concluded between Australia and a third state shall not be included;
    29. (d) “competent authority” means,
    30. as regards Japan,
    31. any of the Governmental organisations competent for the Japanese pension systems specified in paragraph 2 of Article 2,
    32. as regards Australia,
    33. the Secretary of the Commonwealth Department responsible for the Acts specified in subparagraph 1(a) of Article 2 in relation to the application of those Acts,
    34. (e) “competent institution” means,
    35. as regards Japan,
    36. any of the insurance institutions, or any association thereof, responsible for the implementation of the Japanese pension systems specified in paragraph 2 of Ar
    37. as regards Australia,
    38. the institution or agency which has the task of implementing the applicable legislation of Australia;
    39. (f) “period of coverage under the legislation of Japan” means,
    40. a period of contribution under the legislation of Japan and any other period taken into account under that legislation for establishing entitlement to benefits,
    41. however, a period which shall be taken into account, for the purpose of establishing entitlement to benefits under the legislation of Japan, pursuant to other a
    42. (g) “period of Australian working life residence” means,
    43. unless otherwise provided in this Agreement, a period defined as such in the legislation of Australia, during which a person was employed or self-employed,
    44. however, any period of coverage under the legislation of Japan deemed pursuant to Article 15 to be a period in which that person was an Australian resident shal
    45. (h) “benefit” means,
    46. as regards Japan,
    47. a pension or any other cash benefit under the legislation of Japan,
    48. as regards Australia,
    49. a pension or any other benefit under the Acts specified in subparagraph 1(a) of Article 2, including any additional amount, increase or supplement, which is pay
    50. 2. For the purpose of this Agreement, any term not defined in this Agreement shall have the meaning assigned to it under the respective legislation of either Pa
    51. Article 2
    52. Matters Covered
    53. 1. As regards Australia, this Agreement shall apply to the following Acts and law effective at the date of entry into force of this Agreement, and to any Acts a
    54. (a) the Acts forming the social security law insofar as the law provides for, applies to or affects age pension; and
    55. (b) the law concerning the superannuation guarantee, which is contained in the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee
    56. however, for the purpose of this Agreement, Articles 6 to 13, 18, 19 and paragraph 3 of Article 29 shall not apply to the Acts referred to in subparagraph (a) a
    57. 2. As regards Japan, this Agreement shall apply to the following Japanese pension systems:
    58. (a) the National Pension (except the National Pension Fund);
    59. (b) the Employees’ Pension Insurance (except the Employees’ Pension Fund);
    60. (c) the Mutual Aid Pension for National Public Officials;
    61. (d) the Mutual Aid Pension for Local Public Officials and Personnel of Similar Status (except the pension system for members of local assemblies); and
    62. (e) the Mutual Aid Pension for Private School Personnel;
    63. (the Japanese pension systems specified in (b) to (e) shall hereinafter be referred to as the “Japanese pension systems for employees”);
    64. however, for the purpose of this Agreement, the National Pension shall not include the Old Age Welfare Pension or any other pensions which are granted on a tran
    65. Article 3
    66. Persons Covered
    67. This Agreement shall apply to any person who is or has been an Australian resident, whose employer is or has been subject to the law specified in subparagraph 1
    68. Article 4
    69. Equality of Treatment
    70. The persons specified in Article 3, who ordinarily reside in the territory of one Party, shall receive equal treatment with nationals of that Party in the appli
    71. However, the foregoing shall not affect the provisions on complementary periods for Japanese nationals on the basis of ordinary residence outside the territory
    72. Article 5
    73. Payment of Benefits to Beneficiaries Abroad
    74. 1. Any provision of the legislation of one Party which restricts entitlement to or payment of benefits solely because the person ordinarily resides outside or i
    75. However,
    76. (a) as regards Japan, the foregoing shall not affect the provisions of the legislation of Japan which require a person who is aged 60 or over but under 65 on th
    77. (b) as regards Australia, any additional amount, increase or supplement mentioned in subparagraph 1(h) of Article 1 shall only be payable outside the territory
    78. 2. Where the legislation of a Party provides or allows that a benefit is payable in the territory of a third State, then that benefit, when payable by virtue of
    79. Part II
    80. Provisions Concerning the Applicable Legislation
    81. Article 6
    82. Application of this Part
    83. This Part (except for paragraph 1 of Article 9) shall apply only if an employee or the employer of the employee would, apart from this Part, be subject to the l
    84. Article 7
    85. General Provisions
    86. Unless otherwise provided in this Agreement, a person who works as an employee in the territory of one Party or the employer of that employee shall, with respec
    87. Article 8
    88. Special Provisions
    89. 1. Where an employee who is covered under the legislation of one Party and employed in the territory of that Party by an employer with a place of business in th
    90. 2. As regards Australia, for the purpose of paragraph 1 of this Article, in the case of an employee who is sent from the territory of Australia by an employer i
    91. Article 9
    92. Civil Servants, Members of Diplomatic Missions and
    93. Members of Consular Posts
    94. 1. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or the Vienna Convention on Consular Relat
    95. 2. Subject to paragraph 1 of this Article, where an employee who is covered under the legislation of Australia and employed by the Government of Australia, incl
    96. 3. Subject to paragraph 1 of this Article, where any civil servant of Japan or any person treated as such under the legislation of Japan is sent to work in the
    97. Article 10
    98. Persons sent from a Third State
    99. Paragraph 1 of Article 8 or paragraphs 2 and 3 of Article 9 shall apply where a person who has been sent by an employer from the territory of one Party to the t
    100. Article 11
    101. Exceptions to Articles 7 to 10
    102. The competent authority or competent institution of Japan and the competent authority of Australia may agree to grant an exception to the provisions of Articles
    103. Article 12
    104. Accompanying Spouse and Children
    105. As regards the spouse or children who are specified in the legislation of Japan as the accompanying spouse or children of a person who works in the territory of
    106. (a) In cases in which such accompanying spouse or children are persons other than Japanese nationals, the legislation of Japan shall not apply to them. However,
    107. (b) In cases in which such accompanying spouse or children are Japanese nationals, the exemption from the legislation of Japan shall be determined in accordance
    108. Article 13
    109. Compulsory Coverage
    110. Articles 7 to 10 and 12 shall apply, as regards Japan, only to compulsory coverage under the legislation of Japan.
    111. Part III
    112. Provisions Concerning Australian Benefits
    113. Article 14
    114. Residence or Presence in the Territory of Japan
    115. or a Third State
    116. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit under the legislation of Australia except for
    117. (a) is an Australian resident or a resident of Japan or a third State with which Australia has concluded an agreement on social security that includes provision
    118. (b) is in the territory of Australia, Japan or that third State,
    119. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    120. Article 15
    121. Totalisation for Australian Benefits
    122. 1. Where a person to whom this Agreement applies has claimed a benefit under this Agreement and has accumulated:
    123. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    124. (b) a period of Australian working life residence equal to or greater than the minimum period identified in accordance with paragraph 4 of this Article for that
    125. (c) a period of coverage under the legislation of Japan;
    126. then, that period of coverage under the legislation of Japan shall be deemed to be a period in which that person was an Australian resident only if that period
    127. 2. For the purpose of paragraph 1 of this Article, where a person:
    128. (a) has been an Australian resident for one continuous period which is less than the minimum continuous period required by the legislation of Australia for enti
    129. (b) has accumulated a period of coverage under the legislation of Japan in two or more separate periods that equals or exceeds in total the minimum period refer
    130. the total of the periods of coverage under the legislation of Japan shall be deemed to be one continuous period in which that person was an Australian resident.
    131. 3. For the purpose of this Article, where a period as an Australian resident and a period of coverage under the legislation of Japan coincide, the period of coi
    132. 4. The minimum period of Australian working life residence to be taken into account for the purpose of paragraph 1 of this Article shall be:
    133. (a) for the purpose of a benefit under the legislation of Australia that is payable to a person who is not an Australian resident, the minimum period required s
    134. (b) for the purpose of a benefit under the legislation of Australia that is payable to an Australian resident, there shall be no minimum period.
    135. Article 16
    136. Calculation of Australian Benefits
    137. 1. Subject to paragraphs 2 and 3 of this Article, where a benefit under the legislation of Australia is payable by virtue of this Agreement or otherwise, to a p
    138. 2. A person referred to in paragraph 1 of this Article shall be entitled to receive the assessment of income described in that paragraph only for any period dur
    139. 3. Paragraph 1 of this Article shall continue to apply for 26 weeks where a person returns temporarily to Australia.
    140. 4. Subject to paragraphs 5 and 6 of this Article, where a benefit under the legislation of Australia is payable only by virtue of this Agreement to a person who
    141. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of Japan w
    142. (b) deducting the amount of benefit under the legislation of Japan which that person is entitled to receive from the maximum rate of that benefit under the legi
    143. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    144. 5. Paragraph 4 of this Article shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    145. 6. Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of Japan, each of them
    146. Article 17
    147. Australian Working Life Residence
    148. Notwithstanding paragraph 1(g) of Article 1, for the purpose of Articles 15 and 16, a period of Australian working life residence in relation to a person means
    149. Part IV
    150. Provisions Concerning Japanese Benefits
    151. Article 18
    152. Totalisation for Japanese Old-age Benefits
    153. 1. Where a person does not have sufficient periods of coverage to fulfill the requirements for entitlement to old-age benefits under the legislation of Japan, t
    154. However, this paragraph shall not apply to the additional pension for specified occupations under the mutual aid pensions.
    155. 2. In applying paragraph 1 of this Article, periods of Australian working life residence shall be taken into account as periods of coverage under the legislatio
    156. Article 19
    157. Calculation of Japanese Old-age Benefits
    158. 1. Where entitlement to an old-age benefit under the legislation of Japan is established by virtue of paragraph 1 of Article 18, the competent institution of Ja
    159. 2. With regard to the Additional Pension for Spouses which is included in the Old-age Employees’ Pension and any other old-age benefits that may be granted as a
    160. Part V
    161. Miscellaneous Provisions
    162. Article 20
    163. Applications, Appeals and Declarations
    164. 1. When a written application for benefits, an appeal or any other declaration under the legislation of one Party is submitted to a competent authority or compe
    165. 2. In any case to which this Article applies, the competent authority or competent institution of one Party to which the application for benefits, appeal or any
    166. 3. In relation to a decision made by the competent institution of Australia, an appeal document in paragraph 1 of this Article means a document concerning an ap
    167. Article 21
    168. Payment of Benefits
    169. 1. Payment of benefits under this Agreement may be made in the currency of either Party.
    170. 2. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party, whether the beneficiary is in the territory of the other Party or outsi
    171. 3. In case provisions for restricting the exchange of currencies or remittance are introduced by either Party, the Governments of the two Parties shall immediat
    172. Article 22
    173. Charges or Fees and Legalisation
    174. 1. Insofar as the legislation of one Party, and in the case of Japan, other national statutes and regulations, contain provisions on an exemption or reduction o
    175. 2. Documents which are presented for the purpose of this Agreement and the legislation of a Party shall be exempted from requirements for legalisation or any ot
    176. Article 23
    177. Mutual Assistance and Protection of Information
    178. 1. The competent authorities and competent institutions of the two Parties, within the scope of their respective authorities and administrative practice, shall
    179. 2. The competent authorities or competent institutions of one Party shall, in accordance with its national statutes and regulations, send to the competent autho
    180. 3. The competent authorities of the Parties shall communicate to each other, as soon as possible, all information about the measures taken by them for the appli
    181. 4. Unless otherwise required by the national statutes and regulations of one Party, information about an individual which is transmitted in accordance with this
    182. Article 24
    183. Languages of Communication
    184. 1. The competent authorities and competent institutions of the Parties may communicate directly with each other and with any concerned person wherever the perso
    185. 2. In implementing this Agreement, the competent authorities and competent institutions of one Party may not reject applications or any other documents for the
    186. Article 25
    187. Administrative Arrangement and Liaison Agencies
    188. The competent authorities of the two Parties shall:
    189. (a) agree on the administrative arrangements necessary for the implementation of this Agreement; and
    190. (b) designate liaison agencies for the implementation of this Agreement.
    191. Article 26
    192. Resolution of Disagreement
    193. Any disagreement regarding the interpretation or application of this Agreement shall be resolved by consultation between the Parties.
    194. Article 27
    195. Review of Agreement
    196. Where a Party gives the other Party a written request through diplomatic channels to meet to review this Agreement, the Parties shall meet for that purpose as s
    197. Article 28
    198. Headings
    199. The headings of Parts and Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.
    200. Part VI
    201. Transitional and Final Provisions
    202. Article 29
    203. Transitional Provisions
    204. 1. This Agreement shall not establish any entitlement to benefits for any period prior to its entry into force.
    205. 2. In the implementation of this Agreement, periods of coverage under the legislation of Japan, and periods as an Australian resident and other legally relevant
    206. 3. Paragraph 1 of Article 8 and paragraphs 2 and 3 of Article 9 shall also apply to the employees who are sent before the date of entry into force of this Agree
    207. 4. Decisions made before the entry into force of this Agreement shall not affect any rights to be established by virtue of this Agreement.
    208. Article 30
    209. Entry into Force
    210. This Agreement shall enter into force on the first day of the month following the month in which the Parties shall have completed an exchange of diplomatic note
    211. Article 31
    212. Duration and Termination
    213. 1. This Agreement shall remain in force and effect until the last day of the twelfth month following the month in which either Party gives the other Party writt
    214. 2. If this Agreement is terminated in accordance with paragraph 1 of this Article, rights regarding entitlement to and payment of benefits acquired under it sha
    215. In witness whereof, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    216. Done at Canberra on the twenty seventh day of February two thousand and seven in duplicate in the English and Japanese languages, the two texts being equally au
    217. For Australia: For Japan: Hon Mal Brough Minister for Families, Community Services and Indigenous Affairs HE Hideaki Ueda Ambassador
27. Schedule 24 · Republic of Finland
    1. Note: See section 5.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF FINLAND ON SOCIAL SECURITY
    3. The Government of Australia and the Government of the Republic of Finland (hereinafter “the Parties”),
    4. Wishing to strengthen the existing friendly relations between the two countries and resolved to coordinate their social security systems and to eliminate double
    5. Have agreed as follows:
    6. PART I
    7. GENERAL PROVISIONS
    8. ARTICLE 1
    9. Definitions
    10. 1. In this Agreement, unless the context otherwise requires:
    11. (a) “benefit” means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any addi
    12. (b) “Competent Authority” means,
    13. in relation to Australia:
    14. the Secretary to the Commonwealth Department responsible for the legislation specified in subparagraph 1(a)(i) of Article 2, except in relation to the applicati
    15. in relation to Finland:
    16. the Ministry of Social Affairs and Health;
    17. (c) “Competent Institution” means,
    18. in relation to Australia:
    19. the institution or agency which has the task of implementing the legislation in subparagraph 1(a) of Article 2; and
    20. in relation to Finland:
    21. an institution or body in charge of the implementation of the legislation and schemes referred to in subparagraph 1(b) of Article 2;
    22. (d) “legislation” means,
    23. in relation to Australia, the laws specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of the Agreement (including t
    24. in relation to Finland:
    25. the laws and schemes specified in subparagraph 1(b) of Article 2;
    26. (e) “period of Australian working life residence” means a period defined as such in the legislation of Australia but does not include any period deemed pursuant
    27. (f) “period of insurance” means, in relation to Finland a period of employment or any equivalent period under the Earnings-Related Pension Scheme or a period of
    28. (g) “residence” means, in relation to Finland, residence as defined in the legislation of Finland;
    29. (h) “territory” means,
    30. in relation to Australia:
    31. Australia as defined in the legislation of Australia and
    32. in relation to Finland:
    33. the territory of Finland.
    34. 2. Any term not defined in this Agreement, unless the context otherwise
    35. requires, has the meaning assigned to it in the applicable legislation.
    36. ARTICLE 2
    37. Legislative Scope
    38. 1. This Agreement shall apply to the following laws and schemes, as amended at the date of signature of this Agreement, and to any laws and schemes that subsequ
    39. (a) in relation to Australia:
    40. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;
    41. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    42. (b) in relation to Finland:
    43. (i) the Earnings-Related Pension Scheme;
    44. (ii) the National Pensions Act in so far as the law provides for, applies to or affects old age pension including early old age pension and the Employer’s Socia
    45. 2. This Agreement shall not apply to future legislation which extends the existing legislation of one Party to new categories of beneficiaries unless the Compet
    46. 3. Notwithstanding the provisions of paragraph 1, unless otherwise specified the legislation of either Party shall not include any other agreement on social sec
    47. ARTICLE 3
    48. Personal Scope
    49. This Agreement shall apply to any person who:
    50. (a) is or has been an Australian resident; or
    51. (b) is or has been subject to the legislation of Finland.
    52. ARTICLE 4
    53. Equality of Treatment
    54. Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to the rights and obligati
    55. ARTICLE 5
    56. Export of Benefits
    57. 1. Unless otherwise provided in this Agreement, benefits of one Party referred to in this Agreement shall be payable to persons who are residents of either Part
    58. 2. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement, shall be payable to a
    59. PART II
    60. PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
    61. Article 6
    62. Application of Part II
    63. This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties in respect
    64. Article 7
    65. Voluntary insurance under Finnish legislation
    66. This Agreement shall not preclude the opportunity for an employer to voluntarily insure an employee under the Finnish Earnings-Related Pension Scheme.
    67. ARTICLE 8
    68. Diplomatic and Consular Relations
    69. This Agreement shall not affect the application of the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on
    70. ARTICLE 9
    71. Secondment and Avoidance of Double Coverage
    72. 1. Unless otherwise provided in paragraphs 2 or 3, if an employee works in the territory of one Party, the employer of the employee and the employee shall in re
    73. 2. If an employee:
    74. (a) is covered by the legislation of one Party (‘the first Party’);
    75. (b) was sent by the Government of the first Party to work in the territory of the other Party (“the second Party”);
    76. (c) is working in the territory of the second Party in the employment of the Government of the first Party; and
    77. (d) is not working permanently in the territory of the second Party
    78. the employer of the employee and employee shall be subject only to the legislation of the first Party in respect of the work performed and the remuneration paid
    79. 3. If an employee:
    80. (a) is covered by the legislation of one Party (‘the first Party’);
    81. (b) was sent by an employer who is subject to the legislation of the first Party to work in the territory of the other Party (‘the second Party’);
    82. (c) is working in the territory of the second Party in the employment of the employer or a related entity of that employer;
    83. (d) is not working permanently in the territory of the second Party; and
    84. (e) a period of 5 years from the time the employee was sent to work in the territory of the second Party has not elapsed;
    85. the employer of the employee and employee shall be subject only to the legislation of the first Party in respect of the work performed and the remuneration paid
    86. 4. For the purposes of subparagraph 3(c) an entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority
    87. Article 10
    88. Exception agreements
    89. The Competent Authorities or the bodies designated by them may agree in writing to modify the application of the provisions of this Part in respect to a particu
    90. Article 11
    91. Accompanying Family Members of Seconded Employees
    92. 1. Family members, who accompany an employee sent to Australia to whom paragraphs 2 and 3 of Article 9 or Article 10 apply, shall for any period in which they a
    93. 2. Family members, who accompany an employee sent to Finland to whom paragraphs 2 and 3 of Article 9 or Article 10 apply, shall not be subject to Finnish legisl
    94. 3. For the purposes of this Article, family member for Finland means family member as defined in the legislation of Finland.
    95. PART III
    96. PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    97. ARTICLE 12
    98. Residence or Presence in Finland
    99. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except for not being an Australian resident an
    100. (a) is an Australian resident or is a Finnish resident, and
    101. (b) is in Australia, or Finland,
    102. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    103. ARTICLE 13
    104. Totalisation in relation to Australian benefits
    105. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    106. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for a be
    107. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and,
    108. (c) a period of insurance under the legislation of Finland;
    109. then for the purposes of a claim for that Australian benefit, that period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying
    110. 2. For the purposes of paragraph 1, where a person:
    111. a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitle
    112. b) has accumulated a period of insurance in two or more separate periods that equals or exceeds in total the period referred to in subparagraph (a),
    113. the total of the periods of insurance shall be deemed to be one continuous period.
    114. 3. For the purposes of this Article, where a person’s period as an Australian resident and a period of insurance in Finland coincide, the period of coincidence
    115. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be:
    116. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    117. (b) for the purposes of an Australian benefit that is payable to an Australian resident, no minimum period.
    118. ARTICLE 14
    119. Calculation of Australian Benefits
    120. 1. Subject to paragraph 2 and 3, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person outside Australia, the amou
    121. 2. Where a proportional Australian benefit is paid to a person, only a proportion of any Finnish Earnings-Related pension which is received by that person or by
    122. 3 When assessing the income of a person who is residing in Finland, Finnish National Pension and other Finnish mean-tested payments shall be disregarded.
    123. 4 Paragraphs 1, 2 and 3 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    124. 5. Subject to the provisions of paragraph 6, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate o
    125. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation the Finnish benefit received by that person
    126. (b) deducting the amount of the Finnish benefit received by that person from the maximum rate of that Australian benefit; and
    127. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    128. 6. Paragraph 5 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    129. 7. Where a member of a couple is, or both that person and that person's partner are, entitled to a Finnish benefit or benefits, each of them shall be deemed, fo
    130. 8. Notwithstanding paragraphs 1-7, when an Australian benefit is payable by virtue of this Agreement or otherwise to a person in Australia or outside Australia
    131. 9. For the purpose of calculating benefits payable to a person under the legislation of Australia by virtue of this Agreement:
    132. (a) if a person is subject to the laws specified in subparagraph 1(a)(ii) of Article 2 during any period he or she lives in the territory of Finland, that perio
    133. (b) if a person is subject to the legislation of Finland during any period in which he or she lives in the territory of Australia, that period shall not be acce
    134. PART IV
    135. PROVISIONS RELATING TO FINNISH BENEFITS
    136. ARTICLE 15
    137. National Pensions
    138. 1. Notwithstanding the provisions of Article 4 and Article 5, the entitlement to and payment of a pension under the National Pensions Act shall be determined ac
    139. 2. A national of a Party residing in the territory of a Party shall be entitled to an old age pension if he or she has resided in Finland for at least 3 years a
    140. 3. If an old-age pension is granted to a national of a Party while residing in Finland, and he or she leaves Finland to become an Australian resident, he or she
    141. 4. When determining the amount of old-age pension payable to a person who is not residing in Finland, the Australian age pension shall not be taken into account
    142. ARTICLE 16
    143. Earnings-Related Pensions
    144. 1. Unless otherwise provided in this Agreement, the entitlement to a Finnish Earnings-Related Pension and the amount of the pension shall be determined accordin
    145. 2. If the entitlement to a pension requires completion of periods of insurance, the periods of employment completed in Australia shall, to the extent necessary,
    146. PART V
    147. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    148. ARTICLE 17
    149. Lodgement of Documents
    150. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Party in a
    151. 2. The date on which a claim, notice or appeal concerning the determination or payment of a benefit under the legislation of one Party is lodged with the Compet
    152. 3. In relation to Australia, the reference in paragraphs 1 and 2 to an appeal document is a reference to an appeal that may be made to an administrative body es
    153. 4. A claim for a benefit lodged under the legislation of one Party shall be considered as a claim for the corresponding benefit under the legislation of the oth
    154. 5. In relation to Finland for the purposes of computing an increment for delay in the payment of a pension according to Finnish legislation, a claim shall be de
    155. ARTICLE 18
    156. Recovery of Overpayments
    157. 1. Where
    158. (a) a benefit is paid or payable by a Party to a person in respect of a past period whether by virtue of this Agreement or otherwise; and
    159. (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and
    160. (c) the amount of the benefit would have been reduced, had the other benefit been paid by the first Party during that period;
    161. then
    162. the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past p
    163. 2. Where the Competent Institution of the first Party has not yet paid the benefit described in subparagraph 1(a) to the person:
    164. (a) the Competent Institution of that Party shall, at the request of the Competent Institution of the other Party, pay the arrears of the benefit to the Compete
    165. (b) the Competent Institution of the other Party may deduct from the amount of those arrears any excess amount of the benefit paid by it and shall pay any balan
    166. (c) any shortfall may be recovered by the Competent Institution of the other Party in accordance with the legislation of that Party.
    167. ARTICLE 19
    168. Exchange of Information and Mutual Assistance
    169. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:
    170. (a) communicate to each other any information necessary for the application of this Agreement and the legislation concerning Finnish and Australian benefits ref
    171. (b) provide assistance to one another, including the communication to each other of any necessary information, with regard to the determination or payment of an
    172. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in t
    173. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any Administrative Arrangement made pursuant to Article 21.
    174. 3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Comp
    175. 4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligat
    176. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
    177. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Party.
    178. 5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other Party in the official l
    179. 6. The claims, certificates, appeals or other documents submitted to an authority or to a Competent Institution of a Party with a view to application of this Ag
    180. ARTICLE 20
    181. Exemption from Fees and Authentication
    182. 1. Where, under the legislation of one Party, documents submitted to a Competent Authority or Competent Institution of that Party are partly or fully exempt fro
    183. 2. Documents and certificates required to be produced for the purpose of this Agreement shall be exempt from authentication by diplomatic and consular authoriti
    184. ARTICLE 21
    185. Administrative Arrangements
    186. 1. The Competent Authorities of the Parties shall by means of an Arrangement, establish the administrative measures necessary for the application of this Agreem
    187. 2. The Competent Authorities shall appoint liaison bodies which are to be listed in the Administrative Arrangement.
    188. ARTICLE 22
    189. Resolution of Difficulties
    190. 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accor
    191. 2. The Parties shall consult promptly at the request of either Party concerning matters which have not been resolved by the Competent Authorities in accordance
    192. ARTICLE 23
    193. Review of Agreement
    194. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose as soon as possible after that request was made and,
    195. PART VII
    196. TRANSITIONAL AND FINAL PROVISIONS
    197. ARTICLE 24
    198. Application of Agreement to Periods Preceding its Entry into Force
    199. 1. No provision of this Agreement shall confer any entitlement to receive payment of a benefit for a period before the date of entry into force of this Agreemen
    200. 2. When determining entitlements to benefits under this Agreement, any period of insurance, period of residence in Finland, period of Australian residence and p
    201. 3. This Agreement may be applied even to contingencies that occurred before the entry into force of this Agreement.
    202. 4. Benefits granted before the entry into force of this Agreement may upon application by the beneficiary be determined to comply with the provisions of this Ag
    203. 5. In relation to Finland, if an application referred to in paragraph 4 is submitted within two years from the entry into force of this Agreement, entitlements
    204. 6. In relation to Finland, if an application referred to in paragraph 4 is submitted after the expiry of the two-year period after the entry into force of this
    205. 7. Where the provisions of Part II are applied to a person sent from the territory of one Party to work in the territory of the other Party prior to the entry i
    206. ARTICLE 25
    207. Entry into Force and Termination
    208. 1. This Agreement shall enter into force on the first day of the second month following the month in which notes are exchanged by the Parties through the diplom
    209. 2. Subject to paragraph 3, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a
    210. 3. In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to all persons who:
    211. (a) at the date of termination, are in receipt of benefits; or
    212. (b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    213. (c) Immediately before the date of termination are subject only to the legislation of one Party by virtue of paragraphs 2 or 3 of Article 9 of Part II of the Ag
    214. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    215. DONE in two copies at Helsinki this tenth day of September two thousand and eight in the English and in the Finnish languages, each text being equally authentic
    216. FOR THE GOVERNMENT OF AUSTRALIA: ………………………………… FOR THE GOVERNMENT OF THE REPUBLIC OF FINLAND: ………………………………… Howard Brown ambassador Liisa Hyssälä Minister OF So
28. Schedule 25 · Republic of Poland
    1. Note: See section 5.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF POLAND ON SOCIAL SECURITY
    3. Australia and the Republic of Poland (hereinafter “the Parties”),
    4. Wishing to strengthen the existing friendly relations between the two countries,
    5. and
    6. Being desirous of regulating their mutual relations with respect to social security benefits and compulsory coverage,
    7. Have agreed as follows,
    8. PART I
    9. GENERAL PROVISIONS
    10. ARTICLE 1
    11. Definitions
    12. 1. For the purposes of this Agreement,
    13. (1) “legislation” means,
    14. (a) in relation to Australia, the laws specified in subparagraph 1(1)(a) of Article 2 except in relation to the application of Part II of this Agreement (includ
    15. (b) in relation to the Republic of Poland the laws and other regulations specified in subparagraph 1(2) of Article 2;
    16. (2) “Competent Authority" means,
    17. (a) in relation to Australia, the Secretary to the Commonwealth Department responsible for the legislation specified in subparagraph 1(1)(a) of Article 2, excep
    18. (b) in relation to Republic of Poland, the Minister responsible for Social Security;
    19. (3) “Competent Institution” means, the institution responsible for applying the legislation;
    20. (4) “Liaison Institution” means the institution which ensures coordination and exchange of information between the institutions of both Parties, which participa
    21. (5) “benefit" means a pension or other benefit specified in Article 2 including any additional amount, increase or supplement which is payable to a qualified pe
    22. (6) “period of insurance” means in relation to the Republic of Poland, period of contributions, equivalent period and non-contributory period;
    23. (7) “period of Australian working life residence” means a period defined as such in the legislation of Australia but does not include any period deemed pursuant
    24. (8) “public servant” means,
    25. (a) in relation to Australia, an employee of a government of Australia. For this purpose, government includes a political subdivision or local authority of Aust
    26. (b) in relation to the Republic of Poland, an employee of public administration.
    27. 2. In the application by a Party of this Agreement, any term not defined shall, unless the context otherwise requires, have the meaning which it has under the l
    28. ARTICLE 2
    29. Material Scope
    30. 1. This Agreement shall apply to the following laws:
    31. (1) in relation to Australia,
    32. (a) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension,
    33. (b) the law concerning the superannuation guarantee, which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrati
    34. (2) in relation to the Republic of Poland, legislation on the compulsory coverage and the following benefits within social insurance and social insurance for fa
    35. (a) Age pensions, disability pensions, survivors pensions,
    36. (b) Work accidents and occupational diseases compensation and pensions,
    37. (c) Funeral benefits.
    38. 2. This Agreement is also applied to laws and regulations which amend, supplement or replace the legislation specified in paragraph 1.
    39. 3. Notwithstanding the provisions of paragraph 1, the legislation referred to in this Article shall not include treaties or other international agreements on so
    40. 4. This Agreement shall not apply to future legislation which extends the existing legislation of one Party to new categories of beneficiaries unless the Compet
    41. ARTICLE 3
    42. Personal Scope
    43. This Agreement shall apply to any person who:
    44. (1) is or has been an Australian resident, or
    45. (2) is or has been subject to the legislation of the Republic of Poland
    46. and, where applicable, to other persons in regard to the rights they derive from the person described above.
    47. ARTICLE 4
    48. Equality of Treatment
    49. Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations
    50. ARTICLE 5
    51. Export of Benefits
    52. 1. Unless otherwise provided in this Agreement, benefits of one Party when payable by virtue of this Agreement shall be payable also to persons who are resident
    53. 2. In relation to Australia, for the purposes of paragraph 1, any additional amount, increase or supplement that is payable under this Agreement, shall be payab
    54. 3. With regard to the Republic of Poland, paragraph 1 does not apply to benefits granted under special procedures or in exceptional cases.
    55. PART II
    56. APPLICABLE LEGISLATION
    57. ARTICLE 6
    58. Application of this Part
    59. This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties in respect
    60. ARTICLE 7
    61. General principle
    62. Persons to whom this Agreement applies are subject to the legislation of the Party, in whose territory they are working, unless otherwise provided in Article 8.
    63. ARTICLE 8
    64. Special Principles and Exceptions
    65. 1. With regard to the principle described in Article 7, the following special principles and exceptions are provided for:
    66. (1) a person employed by an employer in the territory of a Party, who has been sent by that employer to the territory of the other Party in order to perform wor
    67. (2) public servants of a Party, who are sent to the territory of the other Party in order to perform work of a temporary character are subject to the legislatio
    68. 2. The Competent Authorities of the Parties or institutions designated by them may, upon mutual agreement and in the interest of a person or group of persons, p
    69. ARTICLE 9
    70. Vienna Conventions
    71. This Agreement shall not affect the application of the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on
    72. PART III
    73. PROVISIONS RELATING TO BENEFITS
    74. CHAPTER 1
    75. Provisions Concerning Australian Benefits
    76. ARTICLE 10
    77. Residence or Presence in the Republic of Poland
    78. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian
    79. (1) is an Australian resident or a resident of the Republic of Poland, and
    80. (2) is in Australia or the Republic of Poland,
    81. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    82. ARTICLE 11
    83. Totalisation
    84. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated,
    85. (1) a period as an Australian resident that is less than the period required to qualify that person under the legislation of Australia for that benefit, and
    86. (2) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person, and
    87. (3) a period of insurance under the legislation of the Republic of Poland,
    88. then, for the purposes of a claim for that Australian benefit, that period of insurance in the Republic of Poland shall be deemed to be a period in which that p
    89. 2. For the purposes of paragraph 1, where a person,
    90. (1) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    91. (2) has accumulated a period of insurance under the legislation of the Republic of Poland in two or more separate periods that equals or exceeds in total the mi
    92. the total of the periods of insurance under the legislation of the Republic of Poland shall be deemed to be one continuous period.
    93. 3. For the purposes of this Article, where a period by a person as an Australian resident and a period of insurance under the legislation of the Republic of Pol
    94. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows,
    95. (1) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    96. (2) for the purposes of an Australian benefit that is payable to an Australian resident, there shall be no minimum period.
    97. ARTICLE 12
    98. Calculation of Australian Benefits
    99. 1. Subject to paragraphs 2 & 3, where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the rate of that b
    100. 2. When an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is a resident of the Republic of Poland, Australia sha
    101. 3. Paragraphs 1 & 2 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    102. 4. Subject to paragraph 5, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit sha
    103. (1) calculating that person's income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the Rep
    104. (2) deducting the amount of benefit under the legislation of the Republic of Poland which that person is entitled to receive from the maximum rate of that Austr
    105. (3) applying to the remaining amount of benefit obtained under subparagraph (2) the relevant rate calculation set out in the legislation of Australia, using as
    106. 5. Paragraph 4 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    107. 6. Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of the Republic of Pol
    108. CHAPTER 2
    109. Provisions concerning benefits of the Republic of Poland
    110. ARTICLE 13
    111. Totalisation
    112. Where the legislation of the Republic of Poland makes the acquisition, retention or recovery of the right to benefits subject to the completion of a period of i
    113. ARTICLE 14
    114. Calculation of Benefits
    115. 1. If in accordance with the legislation of the Republic of Poland the right to benefits arises without the need to totalise with periods of Australian working
    116. 2. If, in accordance with the legislation of the Republic of Poland, the right to benefits arises only after taking into account periods of Australian working l
    117. (1) determine a notional amount of the pension as it would apply if all periods of insurance are accumulated in accordance with the legislation of the Republic
    118. (2) on the basis of that notional amount, referred to in subparagraph (1), determine the actual amount of benefits based on the proportion of the period of insu
    119. 3. When determining the basis for benefits the Competent Institution shall take into consideration only the earned income and contributions paid in accordance w
    120. 4. Entitlement to benefits for work accidents and occupational diseases under the legislation of the Republic of Poland shall be established only when the insur
    121. 5. If the period of insurance accumulated in accordance with the legislation of the Republic of Poland is less than 12 months, and no entitlement to benefit ari
    122. 6. If the right to disability or survivor’s pension arises only by virtue of this Agreement, the existence of this right is conditional upon the residence in th
    123. 7. If no Australian benefit is paid, the guarantee of minimum total amount of Polish and foreign benefits does not apply.
    124. PART IV
    125. MISCELLANEOUS PROVISIONS
    126. ARTICLE 15
    127. Administrative Arrangement
    128. 1. The Competent Authorities of the Parties are authorised to enter into an Administrative Arrangement necessary for the purpose of implementing this Agreement.
    129. 2. The Competent Authorities shall appoint Liaison Institutions which are to be listed in the Administrative Arrangement.
    130. ARTICLE 16
    131. Exchange of Information and Mutual Assistance
    132. 1. The Competent Authorities, Liaison Institutions and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by
    133. (1) communicate to each other any information necessary for the application of this Agreement or their legislation,
    134. (2) provide assistance to one another, with regard to the determination or payment of any benefit under this Agreement or under the legislation to which this Ag
    135. (3) communicate to each other, without delay, all information about the measures taken by them for the application of this Agreement or about changes in their r
    136. 2. This assistance shall be free of charge subject to exceptions to be agreed in an Administrative Arrangement made pursuant to Article 15.
    137. 3. In no case shall the provisions of paragraph 1 be construed so as to impose on the Competent Authority, Liaison Institution or Competent Institution of a Par
    138. (1) carry out administrative measures at variance with the laws or the administrative practice of that or the other Party, or
    139. (2) supply particulars which are not obtainable under the laws or in the normal course of the administration of that or the other Party.
    140. ARTICLE 17
    141. Protection of Personal Data
    142. 1. If, in accordance with this Agreement, the Competent Authority, Liaison Institution or Competent Institution of a Party transfers personal data to the Compet
    143. 2. Any information about an individual which is transmitted in accordance with this Agreement to the Competent Authority, Liaison Institution or Competent Insti
    144. 3. Notwithstanding any laws or administrative practices of a Party, no information concerning a person which is received by that Party from the other Party shal
    145. ARTICLE 18
    146. Language
    147. 1. In the application of this Agreement, the Competent Authority, Liaison Institution or Competent Institution of a Party may communicate with the Competent Aut
    148. 2. Applications, appeals or other documents may not be rejected on the grounds that they were prepared in the official language of the other Party.
    149. ARTICLE 19
    150. Lodgement of Documents
    151. 1. A claim or appeal concerning a benefit may be lodged in the territory of either Party in accordance with the Administrative Arrangement made pursuant to Arti
    152. 2. The date on which a claim or appeal referred to in paragraph 1 is lodged with the Competent Authority, Liaison Institution or Competent Institution of one Pa
    153. 3. A claim for a benefit under the legislation of one Party shall be considered as a claim for the corresponding benefit under the legislation of the other Part
    154. 4. In relation to Australia, the reference in paragraphs 1 and 2 to an appeal document is a reference to a document concerning an appeal that may be made to an
    155. ARTICLE 20
    156. Payment of Benefits
    157. 1. Competent Institutions of each Party shall pay benefits by virtue of this Agreement directly to entitled persons who are residents of, or in, the territory o
    158. 2. If a Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Party shall implement measures as soon as
    159. 3. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party, whether the beneficiary is in the territory of that Party or the other
    160. ARTICLE 21
    161. Exemption from Fees and Authentication
    162. 1. Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required
    163. 2. Documents and certificates required for the purpose of this Agreement shall be exempt from authentication by diplomatic and consular authorities.
    164. ARTICLE 22
    165. Resolution of Disputes
    166. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accordin
    167. ARTICLE 23
    168. Review of Agreement
    169. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose as soon as possible after that request was made and,
    170. PART V
    171. TRANSITIONAL AND FINAL PROVISIONS
    172. CHAPTER 1
    173. Transitional Provisions
    174. ARTICLE 24
    175. Recognition of Prior Events and Periods
    176. 1. This Agreement shall also apply to events which occurred prior to its coming into force.
    177. 2. This Agreement shall not create any entitlement to benefits for any period prior to its coming into force.
    178. 3. The application of the provisions of paragraph 1 shall not affect qualification for benefits for the period prior to entry into force of this Agreement.
    179. 4. Periods as an Australian resident, periods of Australian working life residence and periods of insurance completed under the legislation of the Republic of P
    180. 5. Subparagraphs (1) and (2) of paragraph 1 of Article 8 apply, from the date of commencement of this Agreement, even if the person was sent by their employer b
    181. CHAPTER 2
    182. Final Provisions
    183. ARTICLE 25
    184. Duration and Termination
    185. 1. This Agreement shall remain in force for an unlimited period of time. It may be terminated at any time by either Party giving 12 months notice in writing to
    186. 2. In the event of termination, this Agreement shall continue to apply to all persons who:
    187. (1) at the date on which termination takes effect, are in receipt of benefits, or
    188. (2) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement, or
    189. (3) immediately before the date of termination are subject only to the legislation of one Party by virtue of subparagraphs (1) and (2) of paragraph 1 of Article
    190. ARTICLE 26
    191. Entry into Force
    192. The Parties shall notify each other in writing of the completion of their respective statutory and constitutional procedures required for the entry into force o
    193. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    194. DONE in two originals at Warsaw this 7th day of October two thousand and nine in the English and the Polish languages, each text being equally authoritative.
    195. FOR AUSTRALIA: FOR THE REPUBLIC OF POLAND: Stephen Smith Jolanta Fedak Minister for Foreign Affairs Minister of Labour and Social Policy
29. Schedule 26 · Former Yugoslav Republic of Macedonia
    1. Note: See section 5.
    2. AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA ON SOCIAL SECURITY
    3. The Government of Australia and the Government of the former Yugoslav Republic of Macedonia, hereinafter “the Contracting Parties”,
    4. Wishing to strengthen the existing friendly relations between the two countries,
    5. and
    6. Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage,
    7. Have agreed to conclude the following Agreement:
    8. PART I
    9. GENERAL PROVISIONS
    10. Article 1
    11. Definitions
    12. 1. In this Agreement, unless the context otherwise requires:
    13. (1) “benefit” means a benefit, pension or allowance that is payable under the legislation of a Contracting Party and includes any additional amount, increase or
    14. (2) “Competent Authority” means:
    15. in relation to Australia, the Secretary of the Australian Government Department responsible for the legislation specified in Article 2.1.1.1, except in Part II
    16. in relation to the former Yugoslav Republic of Macedonia, the Ministry of Labour and Social Policy;
    17. (3) “Competent Institution” means:
    18. in relation to Australia, the institution or agency which has the task of implementing the applicable legislation; and
    19. in relation to the former Yugoslav Republic of Macedonia, the Pension and Disability Insurance Fund;
    20. (4) “insurance periods” means, in relation to the former Yugoslav Republic of Macedonia, periods for which contributions are paid and periods related to such co
    21. (5) “legislation” means:
    22. in relation to Australia, the laws specified in Article 2.1.1.1, except in Part II of the Agreement, and other Parts of the Agreement as they affect that Part,
    23. in relation to the former Yugoslav Republic of Macedonia, the legislation specified in Article 2.1.2;
    24. (6) “period of Australian working life residence” means a period defined as such in the legislation of Australia but does not include any period deemed pursuant
    25. 2. Unless the context otherwise requires, any term not defined in this Agreement shall have the meaning assigned to it in the applicable legislation.
    26. Article 2
    27. Legislation
    28. 1. Subject to paragraph 2 and 3 of this Article, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to
    29. 1.1 in relation to Australia:
    30. 1.1.1 the Acts forming the social security law in so far as the law provides for, applies to or affects the age pension;
    31. 1.1.2 the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administra
    32. 1.2 in relation to the former Yugoslav Republic of Macedonia, the Law on Pension and Disability Insurance regarding:
    33. 1.2.1 old age pension;
    34. 1.2.2 disability pension;
    35. 1.2.3 survivor pension (widows, widowers, children and other members of the family who have rights to benefits) and other pension and disability insurance benef
    36. 2. Unless otherwise provided in this Agreement, the legislation referred to in this Article shall not include treaties on social security entered into by either
    37. 3. This Agreement shall apply to future legislation which extends the existing legislation of either Contracting Party to new categories of beneficiaries only i
    38. Article 3
    39. Personal Scope
    40. This Agreement shall apply to any person who is or has been an Australian resident, or is or has been subject to the legislation of the former Yugoslav Republic
    41. Article 4
    42. Equality of Treatment
    43. Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and
    44. PART II
    45. PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
    46. Article 5
    47. Purpose of this Part
    48. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Australia or the former Yugoslav Republic of Macedonia
    49. Article 6
    50. Application of this Part
    51. This Part only applies if an employee and/or their employer would, apart from this Part, be subject to the legislation of both Contracting Parties in respect of
    52. Article 7
    53. Diplomatic and Consular Relations
    54. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations
    55. Article 8
    56. Avoidance of Double Coverage
    57. 1. Unless otherwise provided in this Part, if an employee works in the territory of one Contracting Party, the employee and their employer shall in respect of t
    58. 2. If an employee:
    59. 2.1 is covered by the legislation of one Contracting Party (‘the first Contracting Party’); and
    60. 2.2 was sent, whether before, on or after the commencement of this Agreement, by the Government of the first Contracting Party to work in the territory of the o
    61. 2.3 is working in the territory of the second Contracting Party in the employment of the Government of the first Contracting Party; and
    62. 2.4 is not working permanently in the territory of the second Contracting Party;
    63. the employee and their employer shall be subject only to the legislation of the first Contracting Party in respect of the work and the remuneration paid for the
    64. 3. If an employee:
    65. 3.1 is covered by the legislation of one Contracting Party (‘the first Contracting Party’); and
    66. 3.2 was sent, whether before, on or after the commencement of this Agreement, by an employer who is subject to the legislation of the first Contracting Party to
    67. 3.3 is working in the territory of the second Contracting Party in the employment of the employer or a related entity of that employer; and
    68. 3.4 a period of 4 years from the time the employee was sent to work in the territory of the second Contracting Party has not elapsed; and
    69. 3.5 the employee is not working permanently in the territory of the second Contracting Party;
    70. the employee and their employer shall be subject only to the legislation of the first Contracting Party in respect of the work and the remuneration paid for the
    71. 4. For the purposes of subparagraph 3.3 of this Article an entity is a related entity of an employer if the entity and the employer are members of the same whol
    72. 5. If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employee and their employer shall in respect o
    73. Article 9
    74. Exception agreements
    75. 1. The Competent Authorities of the Contracting Parties may for the purposes of this Part agree:
    76. 1.1 to extend the period of 4 years referred to in subparagraph 3.4 of Article 8 for any employee; or
    77. 1.2 that an employee working in the territory of a particular Contracting Party or working on a ship or aircraft in international traffic under the legislation
    78. 2. Any agreement made under paragraph 1 of this Article may apply to:
    79. 2.1 a class of employees; and/or
    80. 2.2 particular work or particular types of work (including work that has not occurred at the time the agreement is made).
    81. PART III
    82. PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    83. Article 10
    84. Residence or Presence in the former Yugoslav Republic of Macedonia
    85. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian
    86. (1) is an Australian resident or a resident of the former Yugoslav Republic of Macedonia; and
    87. (2) is in Australia, or the territory of the former Yugoslav Republic of Macedonia,
    88. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    89. Article 11
    90. Combining qualifying periods for Australian benefits
    91. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    92. 1.1 a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    93. 1.2 a period of Australian working life residence equal to or greater than the period specified in paragraph 4 of this Article for that person; and
    94. 1.3 an insurance period under the legislation of the former Yugoslav Republic of Macedonia;
    95. then, for the purposes of a claim for that Australian benefit, that insurance period under the legislation of the former Yugoslav Republic of Macedonia shall be
    96. 2. For the purposes of paragraph 1 of this Article, where a person:
    97. 2.1 has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    98. 2.2 has accumulated two or more separate insurance periods that equal or exceed in total the minimum period referred to in subparagraph 2.1 of this Article;
    99. the total of the insurance periods shall be deemed to be one continuous insurance period.
    100. 3. For the purposes of this Article, where a period by a person as an Australian resident and an insurance period under the legislation of the former Yugoslav R
    101. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 of this Article shall be:
    102. 4.1 for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    103. 4.2 for the purposes of an Australian benefit that is payable to an Australian resident, no minimum period.
    104. 5. For the purpose of this Article, an insurance period under the legislation of the former Yugoslav Republic of Macedonia shall be deemed as a period as an Aus
    105. Article 12
    106. Calculation of Australian Benefits
    107. 1. Subject to paragraphs 2, 3 and 4 of this Article, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person outside
    108. 2. Subject to paragraphs 3 and 4 of this Article, where an Australian benefit is payable to a person outside Australia only by virtue of this Agreement, and the
    109. 2.1 calculating that person’s income according to the legislation of Australia, including any benefit payable under the legislation of the former Yugoslav Repub
    110. 2.2 applying to the maximum rate of Australian benefit the relevant rate calculator set out in the legislation of Australia, using as the person’s income the am
    111. 2.3 proportionalising, if applicable, the amount of benefit calculated under subparagraph 2.2 of this Article by multiplying that amount by the person’s period
    112. 3. Where the rate of an Australian benefit is determined according to paragraph 2 of this Article and the person again becomes an Australian resident, the rate
    113. 4. Where a person comes temporarily to Australia, paragraphs 1 and 2 of this Article shall continue to apply for 26 weeks from the date of their arrival in Aust
    114. 5. Subject to paragraph 6 of this Article, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of
    115. 5.1 calculating that person’s income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the for
    116. 5.2 deducting the amount of the benefit under the legislation of the former Yugoslav Republic of Macedonia which that person is entitled to receive from the max
    117. 5.3 applying to the remaining benefit obtained under subparagraph 5.2 of this Article the relevant rate calculation set out in the legislation of Australia, usi
    118. 6. Where a person departs temporarily from Australia, paragraph 5 of this Article shall continue to apply for 26 weeks from the date of their departure from Aus
    119. 7. Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of the former Yugoslav
    120. PART IV
    121. PROVISIONS RELATING TO BENEFITS OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA
    122. Article 13
    123. Calculation of periods for benefits of the former Yugoslav Republic of Macedonia
    124. 1. If a person does not meet the benefit requirements due to the insurance periods provided according to the legislation of the former Yugoslav Republic of Mace
    125. 2. If a person meets the pension requirements without adding periods according to the legislation of both Contracting Parties, the Competent Institution of the
    126. 3. Entitlements to pension shall not be recognised on the basis of periods shorter than 12 months in the former Yugoslav Republic of Macedonia, unless entitleme
    127. 4. If after applying paragraph 1 of this Article, a person is not entitled to a benefit, the Competent Institution of the former Yugoslav Republic of Macedonia
    128. Article 14
    129. Determination of Benefits for the former Yugoslav Republic of Macedonia
    130. 1. For a person who meets the requirements for benefits under the legislation of the former Yugoslav Republic of Macedonia solely under the provisions of paragr
    131. 2. If according to the legislation of the former Yugoslav Republic of Macedonia the entitlement to benefits arises solely under the provisions of paragraph 1 of
    132. 2.1 a theoretical amount of the benefit shall be established, to which the person would be entitled as if the total accumulated periods (insurance periods and p
    133. 2.2 on the basis of this theoretical amount, the actual amount shall be established according to the periods of insurance as a proportion of the total accumulat
    134. 2.3 if the total accumulated periods exceed the maximum period provided under the legislation of the former Yugoslav Republic of Macedonia, only that maximum pe
    135. PART V
    136. COMMON PROVISIONS FOR BENEFITS
    137. Article 15
    138. Payment of Benefits Abroad
    139. 1. Benefits of one Contracting Party, when payable by virtue of this Agreement, or under the legislation of either Contracting Party, shall be payable to person
    140. 2. The Competent Institutions of each Contracting Party shall pay benefits by virtue of this Agreement directly to entitled persons residing in the territory of
    141. 3. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement, shall be payable to a
    142. 4. In relation to the former Yugoslav Republic of Macedonia, the provisions of this Article shall not apply to the guaranteed minimum pension.
    143. Article 16
    144. Medical Examinations
    145. 1. The Competent Institution of a Contracting Party will apply its own legislation to determine capacity for work, or capacity for independent life and work, wh
    146. 2. To assist the determination of working capacity according to paragraph 1 of this Article the Competent Institution of the Contracting Party where the person
    147. PART VI
    148. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    149. Article 17
    150. Lodgement of Documents
    151. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Contractin
    152. 2. The date on which a claim, notice or appeal referred to in paragraph 1 of this Article is lodged with the Competent Institution of one Contracting Party shal
    153. 3. A claim for a benefit from one Contracting Party shall be considered as a claim for the corresponding benefit from the other Contracting Party so long as the
    154. 4. The reference in paragraph 1 of this Article to an appeal is a reference to an appeal that may be made to an administrative body established by, or administr
    155. Article 18
    156. Payment of Benefits
    157. 1. If a Contracting Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Contracting Party shall implem
    158. 2. A benefit payable by a Contracting Party by virtue of this Agreement shall be paid by that Contracting Party without deduction for government administrative
    159. 3. Any exemption granted in the territory of one of the Contracting Parties from stamp duty, notarial or registration fees in respect of certificates and docume
    160. Article 19
    161. Recovery of overpayments
    162. 1. Where:
    163. 1.1 arrears of a benefit are paid or payable by a Contracting Party (the first Contracting Party); and
    164. 1.2 for all or part of that period, the other Contracting Party (the second Contracting Party) has paid a benefit to that person; and
    165. 1.3 the amount of benefit paid by the second Contracting Party would have been reduced had the benefit payable by the first Contracting Party been paid periodic
    166. 1.4 the amount that would not have been paid by the second Contracting Party shall be a debt due by that person to the other Contracting Party.
    167. 2. Where the Competent Institution of the first Contracting Party has not yet paid the arrears described in subparagraph 1.1 to the person, that Contracting Par
    168. 3. A reference in paragraphs 1 and 2 of this Article to a benefit, in relation to Australia, means a pension, benefit or allowance that is payable under the Act
    169. Article 20
    170. Exchange of Information and Mutual Assistance
    171. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall, to the extent permitted by their national laws:
    172. 1.1 communicate to each other any information necessary for the application of this Agreement or the social security law of Australia or the legislation of the
    173. 1.2 provide assistance to each other, including the communication of any necessary information, with regard to the determination or payment of any benefit under
    174. 1.3 communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in t
    175. 1.4 at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either Contracting
    176. 2. The assistance referred to in paragraph 1 of this Article shall be provided free of charge, unless otherwise provided for in the Administrative Arrangement p
    177. 3. Unless otherwise provided under the national laws of a Contracting Party, any information about a person which is transmitted in accordance with this Agreeme
    178. 4. In no case shall the provisions of paragraph 1 of this Article be construed so as to impose on a Contracting Party the obligation to:
    179. 4.1 carry out administrative measures at variance with the laws or the administrative practice of either Contracting Party; or
    180. 4.2 supply information which is not ordinarily obtainable under the laws or in the usual administrative practice of either Contracting Party.
    181. 5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Contracting Party may communicate with the other in any of t
    182. 6. A claim, appeal or other document may not be rejected by a Competent Authority or Competent Institution solely because it is in the language of the other Con
    183. Article 21
    184. Administrative Arrangement
    185. 1. The Competent Authorities of the Contracting Parties shall conclude an Administrative Arrangement for the implementation of this Agreement.
    186. 2. The liaison bodies shall be nominated in the Administrative Arrangement.
    187. Article 22
    188. Resolution of Disputes
    189. 1. The Competent Authorities of the Contracting Parties shall seek to resolve any difficulties which arise in interpreting or applying this Agreement according
    190. 2. The Contracting Parties shall consult promptly at the request of either Contracting Party concerning matters which have not been resolved by the Competent Au
    191. Article 23
    192. Review of Agreement
    193. Where a Contracting Party requests the other to meet to review this Agreement, the Contracting Parties shall meet for that purpose as soon as possible after tha
    194. PART VII
    195. TRANSITIONAL AND FINAL PROVISIONS
    196. Article 24
    197. Transitional Provisions
    198. 1. This Agreement shall not establish any right to a benefit for any period before the date of entry into force of this Agreement.
    199. 2. In determining entitlement to a benefit under this Agreement, periods as an Australian resident, periods of Australian working life residence and insurance p
    200. 3. Paragraphs 2 and 3 of Article 8 apply from the date of entry into force of this Agreement, even if the person was sent by his or her employer before that dat
    201. Article 25
    202. Entry into Force, Modification and Termination
    203. 1. This Agreement shall enter into force on the first day of the second month following the month in which notes are exchanged by the Contracting Parties throug
    204. 2. This Agreement shall be concluded for an indefinite period and can be modified by agreement in writing between the Contracting Parties.
    205. 3. Either Contracting Party can terminate this Agreement by written notice submitted to the other Contracting Party through the diplomatic channel. In the case
    206. 4. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    207. 4.1 at the date on which termination takes effect, are in receipt of benefits; or
    208. 4.2 prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    209. 4.3 immediately before the date of termination are subject to the legislation of only one Contracting Party by virtue of Articles 8 or 9 of Part II of this Agre
    210. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    211. DONE at Canberra on this 26th day of October 2009 in two originals, in the official languages of Australia and the former Yugoslav Republic of Macedonia, each t
    212. FOR THE GOVERNMENT OF AUSTRALIA FOR THE GOVERNMENT OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA
30. Schedule 27 · Czech Republic
    1. Note: See section 5.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE CZECH REPUBLIC ON SOCIAL SECURITY
    3. Australia and the Czech Republic (hereinafter “the Contracting States”),
    4. Wishing to strengthen the existing friendly relations between the two Contracting States,
    5. and
    6. Being desirous of regulating the relationship between them with respect to social security benefits and coverage,
    7. Have agreed as follows:
    8. PART I
    9. GENERAL PROVISIONS
    10. Article 1
    11. Definitions
    12. 1. In this Agreement:
    13. (a) “benefit" means a benefit, pension or allowance as well as any additional amount, increase or supplement payable under the legislation of that Contracting S
    14. (b) “Competent Authority” means,
    15. in relation to Australia, the Secretary to the Commonwealth Department responsible for the legislation specified in subparagraph 1(a)(i) of Article 2, except in
    16. in relation to the Czech Republic, the Ministry responsible for the legislation in subparagraph 1 (b) of Article 2;
    17. (c) “Competent Institution” means the institution or agency which has the task of implementing the applicable legislation;
    18. (d) “legislation” means,
    19. in relation to Australia, the laws specified in subparagraph 1(a)(i) of Article 2 except in Part II of the Agreement, and other Parts of the Agreement as they a
    20. in relation to the Czech Republic, the legislation specified in subparagraph 1(b) of Article 2;
    21. (e) “creditable period ” means a period of insurance, substitute period and equivalent period completed under the legislation of the Czech Republic;
    22. (f) “period of Australian working life residence” means a period defined as such in the legislation of Australia but does not include any period deemed pursuant
    23. 2. In the application by a Contracting State of this Agreement, any term not defined shall, unless the context otherwise requires, have the meaning which it has
    24. Article 2
    25. Legislative Scope
    26. 1. This Agreement shall apply to the following legislation:
    27. (a) in relation to Australia:
    28. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;
    29. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    30. (b) in relation to the Czech Republic: the Pension Insurance Act and related acts.
    31. 2. Notwithstanding the provisions of paragraph 1, unless otherwise provided in this Agreement, the legislation referred to in this Article shall not include tre
    32. 3. Except as provided in paragraph 4, this Agreement shall also apply to future legislation which amends, supplements or replaces the legislation specified in p
    33. 4. This Agreement shall not apply to future legislation which extends the existing legislation of either Contracting State to new categories of beneficiaries or
    34. Article 3
    35. Personal Scope
    36. This Agreement shall apply to any person who:
    37. (a) is or has been an Australian resident, or is or has been subject to the legislation of Australia; or
    38. (b) is or has been subject to the legislation of the Czech Republic
    39. and to other persons in regard to the rights they derive from the person described above.
    40. Article 4
    41. Equality of Treatment
    42. All persons to whom this Agreement applies shall be treated equally by a Contracting State in regard to rights and obligations which arise under the social secu
    43. Article 5
    44. Export of Benefits
    45. 1. Unless otherwise provided in this Agreement, benefits of one Contracting State, when payable by virtue of this Agreement, shall be payable to persons who are
    46. 2. Where the legislation of a Contracting State provides that a benefit is payable in a third State, then that benefit, when payable by virtue of this Agreement
    47. PART II
    48. PROVISIONS ON COVERAGE
    49. Article 6
    50. Application of this Part
    51. This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Contracting States
    52. Article 7
    53. Avoidance of Double Coverage
    54. 1. Unless otherwise provided in this Part, if an employee works in the territory of one Contracting State, the employer of the employee and the employee shall i
    55. 2. An employee employed in the territory of one Contracting State by an employer having a place of business in that territory, who is posted to work for that em
    56. 3. If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer of the employee and employee shall in
    57. Article 8
    58. Diplomatic and Consular Relations and Government Employment
    59. 1. This Agreement shall not affect the application of the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention
    60. 2. Employees who are sent by the Government of one Contracting State to work temporarily in the territory of the other Contracting State but to whom the Convent
    61. Article 9
    62. Exceptions
    63. At the request of an employee and/or an employer, the Competent Authorities of the two Contracting States, or agencies designated by them, may agree to grant an
    64. PART III
    65. PROVISIONS RELATING TO BENEFITS
    66. Chapter 1
    67. Australian Benefits
    68. Article 10
    69. Residence or Presence in the Czech Republic or a Third State
    70. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian
    71. (a) is an Australian resident or a resident of the Czech Republic or a third State with which Australia has concluded an agreement on social security which incl
    72. (b) is in Australia, or the Czech Republic or that third State,
    73. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    74. Article 11
    75. Totalisation
    76. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    77. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    78. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
    79. (c) a creditable period completed under the legislation of the Czech Republic;
    80. then, for the purposes of a claim for that Australian benefit, that creditable period completed under the legislation of the Czech Republic shall be deemed to b
    81. 2. For the purposes of paragraph 1, where a person:
    82. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    83. (b) has accumulated a creditable period completed under the legislation of the Czech Republic in two or more separate periods that equals or exceeds in total th
    84. the total of the creditable periods completed under the legislation of the Czech Republic shall be deemed to be one continuous period.
    85. 3. For the purposes of this Article, where a period by a person as an Australian resident and a creditable period completed under the legislation of the Czech R
    86. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    87. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    88. (b) for the purposes of an Australian benefit that is payable to an Australian resident, there shall be no minimum period.
    89. Article 12
    90. Calculation of Benefits
    91. 1. Subject to paragraph 2, where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the rate of that benefi
    92. 2. Paragraph 1 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    93. 3. Subject to paragraph 4, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit sha
    94. (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any Czech Republic benefit which that person
    95. (b) deducting the amount of the Czech Republic benefit which that person is entitled to receive from the maximum rate of that Australian benefit; and
    96. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    97. 4. Paragraph 3 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    98. 5. Where a member of a couple is, or both that person and his or her partner are, entitled to a Czech Republic benefit or benefits, each of them shall be deemed
    99. 6. Australian age pension shall include additional amounts for dependent children, if applicable, when payable outside Australia under this Agreement. Other add
    100. Chapter 2
    101. Czech Republic Benefits
    102. Article 13
    103. Totalisation
    104. 1. Unless otherwise provided in this Agreement, if a person is not eligible for a benefit because he or she has not completed sufficient creditable periods unde
    105. 2. For eligibility for the benefit, the Competent Institution of the Czech Republic shall take into account also creditable periods completed under the legislat
    106. Article 14
    107. Calculation of benefits
    108. 1. If, under the legislation of the Czech Republic, the conditions for entitlement to benefits are satisfied without taking into account periods of Australian w
    109. (a) on the basis of the creditable periods completed exclusively under its legislation, and at the same time
    110. (b) according to the rules provided by paragraph (2), with the exception when the result of this calculation is equal to or lower than the result of the calcula
    111. 2. If, under the legislation of the Czech Republic, the right to benefits can be acquired only with regard to periods of Australian working life residence, or c
    112. (a) calculate the theoretical amount of the benefit which could have been claimed if all these periods had been completed under the legislation of the Czech Rep
    113. (b) then – on the basis of the theoretical amount calculated in accordance with sub-paragraph (a) – shall determine the amount of the benefit payable by applyin
    114. In order to determine the basis for calculation of the benefit, the Competent Institution of the Czech Republic shall – in applying the provision of subparagrap
    115. 3. The person concerned shall be entitled to the highest amount calculated in accordance with paragraphs 1 and 2 from the Competent Institution of the Czech Rep
    116. 4. If the creditable period completed under the legislation of the Czech Republic is less than 12 months and does not result in any right to benefits, then the
    117. 5. Events and facts that have legal effect on entitlement, reduction, suspension or benefit amount, and which occurred in the territory of Australia, shall be t
    118. 6. A person whose disability began before reaching the age of 18 and who has not participated in the insurance scheme for the necessary period shall have the ri
    119. PART IV
    120. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    121. Article 15
    122. Administrative Arrangement
    123. 1. The Competent Authorities of the Contracting States shall establish, by means of an Administrative Arrangement, the measures necessary for the implementation
    124. 2. The Competent Authorities shall appoint liaison bodies which are to be listed in the Administrative Arrangement.
    125. Article 16
    126. Lodgement of Documents
    127. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Contractin
    128. 2. For the purposes of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent I
    129. 3. A claim for a benefit from one Contracting State shall be considered as a claim for the corresponding benefit from the other Contracting State so long as the
    130. 4. The reference in paragraph 1 to an appeal is a reference to an appeal that may be made to an administrative body established by, or administratively for the
    131. Article 17
    132. Exemption from Fees and Authentication
    133. 1. Where the laws of a Contracting State provide that any document which is submitted to the Competent Authority or the Competent Institution of that Contractin
    134. 2. Documents and certificates which are presented for the purposes of this Agreement shall be exempted from requirements for authentication by diplomatic or con
    135. Article 18
    136. Payment of Benefits
    137. 1. If a Contracting State imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Contracting State shall implem
    138. 2. The Competent Institutions of the Contracting States shall pay their benefits under this Agreement without any deduction for their administrative expenses.
    139. Article 19
    140. Exchange of Information and Mutual Assistance
    141. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:
    142. (a) communicate to each other any information necessary for the application of this Agreement or the social security law of Australia or the legislation of the
    143. (b) provide assistance to one another, including any information necessary, with regard to the determination or payment of any benefit under this Agreement or u
    144. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in t
    145. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the Competent Authorities and Competen
    146. 3. In no case shall the provisions of paragraph 1 be construed so as to impose on the Competent Authority or Competent Institution of a Contracting State the ob
    147. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Contracting State; or
    148. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or the other Contracting State.
    149. Article 20
    150. Protection of Personal Data
    151. Unless otherwise provided under the national laws of a Contracting State, any information about an individual which is transmitted in accordance with this Agree
    152. Article 21
    153. Language
    154. 1. In the application of this Agreement, the Competent Authority and the Competent Institution of a Contracting State may communicate with the other in any of t
    155. 2. A claim, appeal or other document may not be rejected by a Competent Authority or Competent Institution solely because it is in the language of the other Con
    156. Article 22
    157. Resolution of Disputes
    158. Any disagreement regarding the interpretation or application of this Agreement shall be resolved by consultation between the Competent Authorities.
    159. Article 23
    160. Review of Agreement
    161. Where a Contracting State requests the other to meet to review the Agreement, the Contracting States shall meet for that purpose as soon as possible.
    162. PART V
    163. TRANSITIONAL AND FINAL PROVISIONS
    164. Article 24
    165. Transitional Provisions
    166. 1. This Agreement shall not establish any right to a benefit for any period before the date of the entry into force of this Agreement.
    167. 2. In determining entitlement to a benefit under this Agreement, periods as an Australian resident, periods of Australian working life residence and creditable
    168. 3. Determinations concerning entitlement to benefits which were made before the entry into force of this Agreement shall not affect rights arising under it.
    169. 4. Benefits determined before the entry into force of this Agreement may be newly determined upon application.
    170. 5. Articles 7 (2) and 8 (2) apply from the date of entry into force of this Agreement, even if the person was sent by his or her employer before this date. For
    171. Article 25
    172. Ratification and Entry into Force
    173. 1. This Agreement is subject to ratification.
    174. 2. This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Contracting States through
    175. Article 26
    176. Duration, Modification and Termination
    177. 1. This Agreement shall remain in force without any limitation on its duration.
    178. 2. This Agreement may be amended in the future by supplementary agreements which, from their entry into force, shall be considered an integral part of this Agre
    179. 3. This Agreement shall remain in force and effect until the last day of the twelfth month following the month in which either Contracting State gives the other
    180. 4. If this Agreement is terminated, rights acquired under it shall be retained and claims for benefits lodged prior to the date of termination shall be determin
    181. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Agreement.
    182. DONE at Canberra on this sixteenth day of September 2009 in two originals in the English and Czech languages, the two texts being equally authentic.
    183. FOR AUSTRALIA: ……………………………….…… FOR the czech republic: ……………………….………… Hon Jenny Macklin Minister for Families, Housing Community Services and Indigenous Affairs
31. Schedule 28 · Slovak Republic
    1. Note: See sections 5 and 8.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE SLOVAK REPUBLIC ON SOCIAL SECURITY
    3. Australia and the Slovak Republic (hereinafter “the Contracting Parties”),
    4. Wishing to strengthen the existing friendly relations between the two countries,
    5. and
    6. Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage,
    7. Have agreed as follows:
    8. PART I
    9. GENERAL PROVISIONS
    10. Article 1
    11. Definitions
    12. 1. In this Agreement, unless the context otherwise requires:
    13. (a) “benefit” means a benefit, pension or allowance as well as any additional amount, increase or supplement payable under the legislation of that Contracting P
    14. (b) “Competent Authority" means, in relation to Australia: the Secretary of the Commonwealth Department responsible for the legislation specified in subparagrap
    15. (c) “Competent Institution” means the institution or agency which has the task of implementing the applicable legislation specified in Article 2;
    16. (d) “legislation” means, in relation to Australia, the laws specified in subparagraph 1(a)(i) of Article 2 except in Part II of the Agreement (and other Parts o
    17. (e) “creditable period ” means a period of insurance, substitute period or equivalent period completed under the legislation of the Slovak Republic;
    18. (f) “period of Australian working life residence” means a period defined as such in the legislation of Australia but does not include any period deemed pursuant
    19. 2. Any term not defined in this Article has the meaning assigned to it in the applicable legislation.
    20. Article 2
    21. Material Scope
    22. 1. This Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, consolidate
    23. (a) in relation to Australia:
    24. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects the age pension;
    25. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    26. (b) in relation to the Slovak Republic the legislation regarding:
    27. (i) old age pensions;
    28. (ii) invalidity pensions; and
    29. (iii) pensions for widows, widowers and orphans.
    30. 2. Notwithstanding the provisions of paragraph 1, the legislation of either Contracting Party shall not, unless otherwise specified in this Agreement, include t
    31. 3. This Agreement shall not apply to future legislation which extends the existing legislation of either Contracting Party to new categories of beneficiaries un
    32. Article 3
    33. Personal Scope
    34. This Agreement shall apply to any person who:
    35. (a) is or has been an Australian resident; or
    36. (b) is or has been subject to the legislation of the Slovak Republic
    37. and, to other persons in regard to the rights they derive from the person described above.
    38. Article 4
    39. Equality of Treatment
    40. Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and
    41. Article 5
    42. Export of Benefits
    43. 1. Unless otherwise provided in this Agreement, benefits of one Contracting Party when payable by virtue of this Agreement are payable to persons who are reside
    44. 2. In relation to Australia, for the purposes of paragraph 1, any additional amount, increase or supplement that is payable under this Agreement, shall be payab
    45. PART II
    46. PROVISIONS ON COVERAGE
    47. Article 6
    48. Purpose of this Part
    49. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Australia or the Slovak Republic do not have a double l
    50. Article 7
    51. Application of this Part
    52. This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Contracting Parties
    53. Article 8
    54. Avoidance of Double Coverage
    55. 1. Unless otherwise provided in this Part, if an employee works in the territory of one Contracting Party, the employer of the employee and the employee shall i
    56. 2. If an employee:
    57. (a) is covered by the legislation of one Contracting Party;
    58. (b) was sent, whether before, on or after the commencement of this Agreement, by an employer who is subject to the legislation of that Contracting Party to work
    59. (c) is working in the territory of the other Contracting Party in the employment of the employer or a related entity of that employer;
    60. (d) a period of 4 years from the time the employee was sent to work in the territory of the other Contracting Party has not elapsed; and
    61. (e) is not working permanently in the territory of the other Contracting Party;
    62. the employer of the employee and the employee shall be subject only to the legislation of the first Contracting Party in respect of the work performed and the r
    63. 3. For the purposes of subparagraph 2(c) an entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority
    64. 4. If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer of the employee and employee shall in
    65. Article 9
    66. Diplomatic and Consular Relations and Government Employment
    67. 1. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relati
    68. 2. Employees who are sent by the Government of one Contracting Party to work temporarily in the territory of the other Contracting Party shall be subject to the
    69. Article 10
    70. Exception agreements
    71. The Competent Authorities or agencies designated by them, may agree in writing to make exceptions to the provisions in Articles 8 and 9.
    72. PART III
    73. PROVISIONS RELATING TO BENEFITS
    74. Chapter 1
    75. Australian Benefits
    76. Article 11
    77. Residence or Presence in the Slovak Republic
    78. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian
    79. (a) is an Australian resident or a resident of the Slovak Republic; and
    80. (b) is in Australia, or the Slovak Republic,
    81. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    82. Article 12
    83. Totalisation
    84. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    85. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    86. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
    87. (c) a creditable period under the legislation of the Slovak Republic;
    88. then, for the purposes of a claim for that Australian benefit, that creditable period shall be deemed to be a period in which that person was an Australian resi
    89. 2. For the purposes of paragraph 1, where a person:
    90. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    91. (b) has accumulated two or more separate creditable periods that equal or exceed in total the minimum period referred to in subparagraph (a);
    92. the total of the creditable periods completed under the legislation of the Slovak Republic shall be deemed to be one continuous period.
    93. 3. For the purposes of this Article, where a period by a person as an Australian resident and a creditable period completed under the legislation of the Slovak
    94. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    95. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    96. (b) for the purposes of an Australian benefit that is payable to an Australian resident, there shall be no minimum period.
    97. Article 13
    98. Calculation of Benefits
    99. 1. Where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the rate of that benefit shall be determined ac
    100. 2. Where a person comes temporarily to Australia, paragraph 1 shall continue to apply for 26 weeks from the date of their arrival in Australia.
    101. 3. Where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by:
    102. (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any Slovak Republic benefit which that perso
    103. (b) deducting the amount of the Slovak Republic benefit which that person is entitled to receive from the maximum rate of that Australian benefit; and
    104. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    105. 4. Where a person departs temporarily from Australia, paragraph 3 shall continue to apply for 26 weeks from the date of their departure from Australia.
    106. 5. Where a member of a couple is, or both that person and his or her partner are, entitled to a Slovak Republic benefit or benefits, each of them shall be deeme
    107. Chapter 2
    108. Slovak Republic Benefits
    109. Article 14
    110. Totalisation
    111. Unless otherwise provided in this Agreement, if a person is not eligible for a benefit because he or she has not completed sufficient creditable periods under t
    112. Article 15
    113. Calculation of Benefits
    114. 1. If, under the legislation of the Slovak Republic, a person or the survivors of that person are eligible for a benefit without the need to totalise with perio
    115. 2. If, under the legislation of the Slovak Republic, a person or the survivors of that person are eligible for a benefit only by totalising periods completed un
    116. (a) the Competent Institution of the Slovak Republic shall first determine whether, under the legislation of the Slovak Republic, the person satisfies the condi
    117. (b) if the benefit is payable in accordance with sub-paragraph (a), the Competent Institution of the Slovak Republic shall first calculate the theoretical amoun
    118. (c) based on the theoretical amount of the benefit, the institution shall determine the amount of the benefit payable by calculating the proportion correspondin
    119. 3. If the creditable periods completed under the legislation of the Slovak Republic are less than 12 months, no benefit under this Agreement shall be paid. The
    120. 4. If, under the legislation of the Slovak Republic, the Competent Institution can determine the amount of benefit only on the basis of creditable periods acqui
    121. 5. An invalidity pension for a person whose disability arose when the person was a dependent child, or while studying for a doctoral degree and under 26 years o
    122. PART IV
    123. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    124. Article 16
    125. Lodgement of Documents
    126. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Contractin
    127. 2. For the purposes of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent I
    128. 3. A claim for a benefit in accordance with the legislation of one Contracting Party, submitted after this Agreement has entered into force, shall be deemed to
    129. a) if a person requests that it be considered a claim under the legislation of the second Contracting Party; or
    130. b) if a person has stated in the claim that they had an affiliation with the social security system of the second Contracting Party.
    131. 4. In relation to Australia, paragraph 3 shall only apply if the corresponding claim is received by the Competent Institution within twelve months of the lodgem
    132. 5. In relation to Australia, the reference in paragraph 1 to an appeal document is a reference to a document concerning an appeal that may be made to an adminis
    133. Article 17
    134. Payment of Benefits
    135. In the event that a Contracting Party imposes currency controls, that Contracting Party shall, without delay, take suitable measures to ensure the payment of an
    136. Article 18
    137. Exemption from Fees and Authentication
    138. 1. Where the laws of a Contracting Party provide that any document which is submitted to the Competent Authority or the Competent Institution of that Contractin
    139. 2. Documents and certificates which are presented for the purposes of this Agreement shall be exempted from requirements for authentication by diplomatic or con
    140. 3. The Competent Institutions of the Contracting Parties shall pay benefits under this Agreement without any deduction for their administrative expenses or for
    141. Article 19
    142. Recovery of overpayments
    143. 1. If a Competent Institution of a Contracting Party has overpaid a benefit, or paid a benefit which was not due, to any person because of the simultaneous paym
    144. 2. In relation to Australia a reference in paragraph 1 to a benefit means a pension, benefit or allowance payable under the Acts forming the social security law
    145. Article 20
    146. Exchange of Information and Mutual Assistance
    147. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:
    148. (a) communicate to each other any information necessary for the application of this Agreement or their social security laws;
    149. (b) provide assistance to one another with regard to the determination or payment of any benefit under this Agreement or under the legislation to which this Agr
    150. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in t
    151. (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Contr
    152. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the Competent Authorities and Competen
    153. 3. If the Competent Institution of a Contracting Party requires that a claimant or a beneficiary who resides in the territory of the other Contracting Party und
    154. 4. In no case shall the provisions of paragraph 1 be construed so as to impose on the Competent Authority or Competent Institution of a Contracting Party the ob
    155. (a) to carry out administrative measures at variance with the laws or the administrative practice of either Contracting Party; or
    156. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of either Contracting Party.
    157. Article 21
    158. Administrative Arrangement
    159. 1. The Competent Authorities of the Contracting Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementatio
    160. 2. The Competent Authorities shall appoint liaison bodies which are to be listed in the Administrative Arrangement.
    161. Article 22
    162. Protection of Personal Data
    163. Unless otherwise provided under the laws of a Contracting Party, any information about an individual which is transmitted in accordance with this Agreement to a
    164. Article 23
    165. Language
    166. 1. In the application of this Agreement, the Competent Authority and the Competent Institution of a Contracting Party may communicate with the other in any of t
    167. 2. An application or document may not be rejected by a Competent Authority or Competent Institution solely because it is in the language of the other Contractin
    168. Article 24
    169. Resolution of Disputes
    170. Any disagreement regarding the interpretation or application of this Agreement shall be resolved by mutual agreement between the Competent Authorities.
    171. Article 25
    172. Review of Agreement
    173. Where a Contracting Party requests the other to meet to review this Agreement, the Contracting Parties shall meet for that purpose as soon as possible and, unle
    174. PART V
    175. TRANSITIONAL AND FINAL PROVISIONS
    176. Article 26
    177. Transitional Provisions
    178. 1. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Contracting
    179. 2. In determining entitlement to a benefit under this Agreement, periods as an Australian resident, periods of Australian working life residence and creditable
    180. 3. Where, on the date on which this Agreement enters into force, a person is in receipt of a benefit under the legislation of either Party, no provision of this
    181. 4. Articles 8 & 9 apply from the date of entry into force of this Agreement, even if the person was sent by their employer before this date. For this purpose, t
    182. Article 27
    183. Entry into Force
    184. 1. This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Contracting Parties through
    185. 2. This Agreement may be amended in the future by supplementary agreements which, from their entry into force, shall be considered an integral part of this Agre
    186. Article 28
    187. Termination
    188. 1. This Agreement has been entered into for an unlimited period of time.
    189. 2. Subject to paragraph 3, this Agreement shall remain in force until the last day of the twelfth month following the month in which either Contracting Party re
    190. 3. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    191. (a) at the date on which termination takes effect, are in receipt of benefits; or
    192. (b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    193. (c) immediately before the date of termination are subject only to the legislation of one Contracting Party by virtue of Articles 8, 9 or 10 of Part II of the A
    194. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Agreement.
    195. DONE in two originals at New York this 21st day of September, two thousand and ten in the English and Slovak languages, each text being equally authoritative.
    196. FOR AUSTRALIA: FOR THE SLOVAK REPUBLIC:
    197. Kevin Rudd Mikuláš Dzurinda
    198. ………………………………… …………………………………
32. Schedule 29 · Republic of Hungary
    1. Note: See sections 5 and 8.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF HUNGARY ON SOCIAL SECURITY
    3. Australia and the Republic of Hungary, hereinafter “the Contracting Parties”,
    4. Wishing to strengthen the existing friendly relations between the two countries,
    5. and
    6. Being desirous of regulating the relationship between their two countries with respect to social security,
    7. Have agreed as follows:
    8. PART I
    9. GENERAL PROVISIONS
    10. Article 1
    11. Definition of terms
    12. 1. In this Agreement:
    13. (a) “benefit” means a pension or allowance that is payable under the applicable legislation of a Contracting Party, including any increase or supplement that is
    14. (b) “Competent Authority” means,
    15. in relation to Australia, the Secretary of the Government Department responsible for the social security law specified in Article 2, except in Part II of the Ag
    16. in relation to the Republic of Hungary, the ministers, ministries or other relevant authorities responsible for systems regulated by the legislation referred to
    17. (c) “Competent Institution” means, in relation to Australia, the institution or agency which has the task of implementing the applicable legislation; and, in re
    18. (d) “creditable period” means, in relation to Australia, a period of residence used to qualify for a benefit under the social security law of Australia; and, in
    19. (e) “eligible person” means a person who has acquired eligibility for benefits under the social security legislation specified in Article 2 of this Agreement;
    20. (f) “legislation” means the laws and regulations specified in Article 2 of this Agreement;
    21. (g) “period of Australian working life residence” means, in relation to a person, a period defined as such in the legislation of Australia, but does not include
    22. (h) “residence” means a place where the person concerned has permanent residence in accordance with the applicable laws of the Contracting Party;
    23. 2. Any term not defined in this Article shall have the meaning assigned to it in the applicable legislation of the Contracting Parties.
    24. Article 2
    25. Legislative Scope
    26. This Agreement shall apply to the following legislation:
    27. (a) in relation to Australia:
    28. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;
    29. (ii) in relation to Part II of the Agreement and other Parts of the Agreement as they affect that Part, the law concerning the superannuation guarantee (which a
    30. (b) in relation to the Republic of Hungary, to the laws and regulations concerning:
    31. (i) the insurance obligation and the payment of contribution covering social insurance benefits and benefits paid in case of unemployment; and
    32. (ii) the social insurance pension benefits.
    33. 2. Subject to Article 2.4, this Agreement shall also apply to laws and regulations which amend, supplement, consolidate or supersede the legislation specified i
    34. 3. Unless otherwise provided in this Agreement, the legislation referred to in this Article shall not include any treaty or any other agreement on social securi
    35. 4. This Agreement shall also apply to laws and regulations of a Contracting Party which define new schemes or branches of social security, subject to written no
    36. Article 3
    37. Personal Scope
    38. This Agreement shall apply to:
    39. (a) any person who is or has been covered by the legislation of one or both of the Contracting Parties;
    40. (b) any person who is or has been an Australian resident; and
    41. (c) other persons to the extent they derive rights under the applicable legislation from the persons described in sub-paragraph (a).
    42. Article 4
    43. Equality of Treatment
    44. Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and
    45. Article 5
    46. Export of Benefits
    47. 1. Unless otherwise provided in this Agreement, benefits payable under the legislation of a Contracting Party to any person described in Article 3, including be
    48. 2. In relation to Australia, for the purposes of Article 5.1, any increase or supplement that is payable under this Agreement, shall be payable to a person outs
    49. PART II
    50. PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
    51. Article 6
    52. General provisions
    53. 1. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Australia or the Republic of Hungary do not have a d
    54. 2. This Part only applies if an employee and/or their employer would, apart from this Part, be subject to the legislation of both Contracting Parties in respect
    55. 3. Subject to this Part of the Agreement, if an employee works in the territory of a Contracting Party, the employee and their employer shall, in respect of tha
    56. Article 7
    57. Secondment
    58. 1. If a person who is subject to the legislation of a Contracting Party and who is employed by an employer registered under the laws of that Contracting Party i
    59. 2. For the purposes of paragraph 1, a related entity, registered in the territory of the other Contracting Party, is:
    60. (a) the subsidiary or the majority owner of the employer; or
    61. (b) an associated enterprise of the employer, where both are majority owned by the same enterprise.
    62. 3. Paragraph 1 shall not apply to a secondment of more than 48 months without the prior consent of the Competent Authorities of both Contracting Parties or thei
    63. Article 8
    64. Diplomatic and Consular Relations
    65. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations
    66. Article 9
    67. Government employment
    68. A person engaged in Government employment for a Contracting Party who is sent to work in the territory of the other Contracting Party shall, in respect of that
    69. Article 10
    70. Exception agreements
    71. The Competent Authorities of the Contracting Parties or their delegated institutions or agencies may, upon the request of the employer, or in regards to the Rep
    72. Article 11
    73. Certificates
    74. Where the legislation of one Contracting Party is applicable in accordance with any of the provisions of this Part, the Competent Authorities of the Contracting
    75. PART III
    76. PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    77. Article 12
    78. Residence or Presence in the Republic of Hungary
    79. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit, except for not being an Australia
    80. (a) is an Australian resident or a resident of the Republic of Hungary; and
    81. (b) is in Australia, or the territory of the Republic of Hungary,
    82. that person, so long as he or she has been a resident of Australia at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian res
    83. Article 13
    84. Totalization in relation to Australian benefits
    85. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    86. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    87. (b) a period of Australian working life residence equal to or greater than the period specified in Article 13.4 for that person; and
    88. (c) a creditable period under the legislation of the Republic of Hungary;
    89. then that creditable period completed under the legislation of the Republic of Hungary shall be deemed to be a period in which that person was an Australian res
    90. 2. For the purposes of Article 13.1, where a person:
    91. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    92. (b) has creditable periods under the legislation of the Republic of Hungary that equal or exceed in total the minimum period referred to in Article 13.2(a);
    93. the total of the creditable periods shall be deemed to be one continuous creditable period.
    94. 3. For the purposes of this Article, where a period by a person as an Australian resident and a creditable period completed under the legislation of the Republi
    95. 4. The minimum period of Australian working life residence to be taken into account for the purposes of Article 13.1 shall be:
    96. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    97. (b) for the purposes of an Australian benefit that is payable to an Australian resident, there is no minimum period.
    98. 5. For the purpose of this Article, a creditable period completed under the legislation of the Republic of Hungary shall be deemed as a period as an Australian
    99. Article 14
    100. Calculation of Australian Benefits
    101. 1. Subject to Article 14.2, where an Australian benefit is payable only by virtue of this Agreement to a person outside Australia, the rate of that benefit shal
    102. 2. Where a person comes temporarily to Australia, Article 14.1 shall continue to apply for 26 weeks from the date of their arrival in Australia.
    103. 3. Subject to Article 14.4, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit sh
    104. (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the Rep
    105. (b) deducting the amount of the benefit under the legislation of the Republic of Hungary which that person is entitled to receive from the maximum rate of that
    106. (c) applying to the remaining benefit obtained under Article 14.3(b) the relevant rate calculation set out in the legislation of Australia, using as the person'
    107. 4. Where a person departs temporarily from Australia, Article 14.3 shall continue to apply for 26 weeks from the date of their departure from Australia.
    108. 5. Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of the Republic of Hun
    109. PART IV
    110. PROVISIONS RELATING TO BENEFITS UNDER THE LEGISLATION OF THE REPUBLIC OF HUNGARY
    111. Article 15
    112. Residence in Australia may qualify a person for Hungarian benefits (Totalization)
    113. 1. Where the legislation of the Republic of Hungary makes the acquisition, maintenance or recovery of eligibility for a benefit conditional upon the accumulatio
    114. 2. Where the legislation of the Republic of Hungary makes the granting of certain benefits conditional upon the creditable periods completed only in an occupati
    115. 3. Where eligibility to a full benefit is acquired under the legislation of the Republic of Hungary without the application of paragraphs 1 and 2 of this Articl
    116. 4. Once the Hungarian pension has been awarded the accumulation of additional creditable periods under the legislation of Australia shall not result in the revi
    117. Article 16
    118. Calculating the amount of Hungarian partial benefits
    119. Where a person is entitled to a full benefit under the legislation of the Republic of Hungary only on the basis of totalising creditable periods, the Competent
    120. Article 17
    121. The basis of calculation of benefits
    122. Where under the legislation of the Republic of Hungary the benefits are calculated on the basis of income and contributions paid, the Competent Institution of t
    123. Article 18
    124. Creditable period less than 1 year
    125. Where the total creditable periods completed under the legislation of the Republic of Hungary is less than 365 days, provided that no eligibility to benefits is
    126. Article 19
    127. Concurrence of benefits
    128. 1. In relation to the Republic of Hungary, the legislation which excludes or limits eligibility to benefits or benefits in the case of concurrence of eligibilit
    129. 2. In relation to the Republic of Hungary, it shall not be possible to acquire or to maintain eligibility to several benefits or incomes of similar type based o
    130. PART V
    131. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    132. Article 20
    133. Lodgement of Documents
    134. 1. A claim, appeal or other documentation concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of eith
    135. 2. The date on which a claim, appeal or other documentation referred to in Article 20.1 is lodged with the Competent Institution of one Contracting Party shall
    136. 3. A claim for a benefit from one Contracting Party shall be considered as a claim for the corresponding benefit from the other Contracting Party so long as the
    137. 4. A claim, appeal or other documentation may not be rejected by a Competent Authority or Competent Institution solely because it is in the language of the othe
    138. 5. The reference in Article 20.1 to an appeal is a reference to an appeal that may be made to an administrative body under the legislation of either Contracting
    139. Article 21
    140. Payment of Benefits
    141. 1. If a Contracting Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Contracting Party shall implem
    142. 2. A benefit payable by a Contracting Party by virtue of this Agreement shall be paid by that Contracting Party without deduction for government administrative
    143. 3. Payments made under the scope of this Agreement shall be carried out on the basis of rules which are in force in the territory of the Contracting Parties at
    144. 4. Any exemption granted from fees and duties in respect of certificates and documents required to be submitted to the Competent Authorities and Competent Insti
    145. Article 22
    146. Administrative Arrangement
    147. 1. The Competent Authorities of the Contracting Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementatio
    148. 2. The Competent Authorities shall appoint Liaison Agencies which are to be listed in the Administrative Arrangement.
    149. 3. Without prejudice to the provisions laid down in paragraph 1, the Liaison Agencies and the Competent Institutions, shall be entitled, with the involvement of
    150. Article 23
    151. Exchange of Information and Mutual Assistance
    152. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall, to the extent permitted by their national laws:
    153. (a) communicate to each other any information necessary for the application of this Agreement or the social security law of Australia or the legislation of the
    154. (b) provide assistance to each other with regard to the determination or payment of any benefit under this Agreement as if the matter involved the application o
    155. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in t
    156. (d) assist each other, at the request of the claimant, in relation to the implementation of agreements on social security entered into by either Contracting Par
    157. 2. The Competent Institution of a Contracting Party will, to the extent permitted by the legislation which it administers, provide, upon request, to the Compete
    158. 3. If the Competent Institution of a Contracting Party requires that a claimant or beneficiary who resides in the territory of the other Contracting Party to un
    159. 4. The assistance referred to in Article 23.1-23.3 shall be provided free of charge, unless otherwise provided for in the Administrative Arrangement pursuant to
    160. 5. In no case shall the provisions of Article 23.1 be construed so as to impose on a Contracting Party the obligation to:
    161. (a) carry out administrative measures at variance with the laws or the administrative practice of either Contracting Party; or
    162. (b) supply information which is not ordinarily obtainable under the laws or in the normal administrative practice of either Contracting Party.
    163. 6. In the application of this Agreement, the Competent Authority and the Competent Institution of a Contracting Party may communicate with the other, or with th
    164. 7. The Competent Institution of the Republic of Hungary may mail decisions by recorded delivery with request of a return receipt, and other documents in registe
    165. 8. Claims for benefits, appeals, any related documents and any notification or other communication by a person will be lodged with the Competent Institution of
    166. 9. The Liaison Agencies of the Contracting Parties will supply to each other in an agreed format relevant information, such as death, change of address, change
    167. Article 24
    168. Data protection
    169. Where on the basis of this Agreement and in accordance with the national laws of both Contracting Parties, personal data is transferred, the following provision
    170. (a) For the purpose of implementing this Agreement, only personal data necessary for providing benefits or otherwise necessary for the purposes specified in Art
    171. (b) The Competent Institution receiving such data shall, upon request and in individual cases, inform the Competent Institution providing the data of the purpos
    172. (c) The Competent Institution providing data must ensure that the data to be disclosed is accurate, and is necessary and proportional from the point of view of
    173. (d) The Competent Institution as well as the Competent Authority shall inform the person concerned upon their request, on the data about him and the purpose of
    174. (e) If a Competent Institution of one Contracting Party has disclosed personal data under this Agreement, the receiving Competent Institution of the other Contr
    175. (f) Personal data received shall be deleted without delay when it is no longer required for the purpose of disclosure;
    176. (g) The transmission and receipt of personal data shall be recorded both by the transmitting and by the receiving Competent Institutions;
    177. (h) Both the transmitting and the receiving Competent Institutions shall ensure the effective protection of personal data from unauthorized access, illegal alte
    178. (i) On the request of the person concerned, both the receiving and the transmitting Competent Institutions shall correct the incorrect data handled by it or del
    179. (j) The Contracting Parties shall ensure that, in case of the infringement of the rights related to their personal data protection, the persons concerned may se
    180. (k) Data processed under this Agreement shall be subject to independent oversight according to the national law of the Contracting Parties.
    181. Article 25
    182. Resolution of Disputes
    183. 1. The Competent Authorities of the Contracting Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agr
    184. 2. The Contracting Parties shall consult promptly at the request of either Contracting Party concerning matters which have not been resolved by the Competent Au
    185. Article 26
    186. Review of Agreement
    187. Where a Contracting Party requests the other to meet to review this Agreement, the Contracting Parties shall meet for that purpose within six months after that
    188. Article 27
    189. The right of representation of diplomatic and consular missions
    190. The officials of diplomatic and consular missions of the Republic of Hungary functioning in the territory of Australia, upon the request of eligible persons, an
    191. PART VI
    192. TRANSITIONAL AND FINAL PROVISIONS
    193. Article 28
    194. Transitional and eligibility provisions
    195. 1. This Agreement shall not establish any right to a benefit for any period before the date of entry into force of this Agreement.
    196. 2. In determining entitlement to a benefit under this Agreement, periods as an Australian resident, periods of Australian working life residence and creditable
    197. 3. Articles 7 and 9 apply from the date of entry into force of this Agreement, even if the employee was sent by his or her employer before that date. For this p
    198. Article 29
    199. Obligation of the Republic of Hungary relating to this Agreement
    200. The present agreement shall in no way prejudice the obligations of the Republic of Hungary as a member state of the European Union. Consequently the provisions
    201. Article 30
    202. Entry into Force
    203. This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Contracting Parties through th
    204. Article 31
    205. Termination
    206. 1. Subject to Article 31.2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Contracting Party receives from
    207. 2. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    208. (a) at the date on which termination takes effect, are in receipt of benefits; or
    209. (b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    210. (c) immediately before the date of termination are subject only to the legislation of one Contracting Party by virtue of Articles 7, 9 or 10 of Part II of this
    211. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    212. DONE in two originals at Gödöllő on this 7th day of June two thousand and eleven in the English and Hungarian languages, each text being equally authoritative.
    213. Kevin Rudd Dr János Martonyi
    214. FOR AUSTRALIA FOR THE REPUBLIC OF HUNGARY
33. Schedule 30 · Republic of Latvia
    1. Note: See sections 5 and 8.
    2. AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF LATVIA ON SOCIAL SECURITY
    3. PREAMBLE
    4. Australia and the Republic of Latvia (hereinafter “the Parties”),
    5. Wishing to strengthen the existing friendly relations between the two countries,
    6. and
    7. Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage,
    8. Have agreed as follows:
    9. PART I
    10. GENERAL PROVISIONS
    11. Article 1
    12. Definitions
    13. 1. In this Agreement, unless the context otherwise requires:
    14. “benefit” means:
    15. as regards Australia, a pension or any other benefit under the Acts specified in subparagraph 1(a)(i) of Article 2, including any additional amount, increase or
    16. as regards the Republic of Latvia, a pension or any other benefit under the Acts specified in subparagraph 1(b) of Article 2, including any additional amount, i
    17. “Competent Authority” means, in relation to Australia, the Secretary of the Commonwealth Department responsible for the legislation specified in subparagraph 1(
    18. “Competent Institution” means, in relation to Australia, the institution or agency which has the task of implementing the applicable Australian legislation; and
    19. “insurance period” means, in relation to the Republic of Latvia, a period of contributions used to acquire the right to a benefit under the legislation of the R
    20. “legislation” means:
    21. in relation to Australia, the laws specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of the Agreement (including t
    22. in relation to the Republic of Latvia, the laws specified in subparagraph 1(b) of Article 2.
    23. “period of Australian working life residence” means a period defined as such in the legislation of Australia but does not include any period deemed pursuant to
    24. “residence” and “resides” mean, in relation to the Republic of Latvia, that a person has his or her place of actual residence in the territory of the Republic o
    25. 2. In the application of this Agreement by a Party, any term not defined shall, unless the context otherwise requires, have the meaning which it has under the l
    26. Article 2
    27. Legislative Scope
    28. 1. Subject to paragraph 2, this Agreement shall apply to the following legislation:
    29. (a) in relation to Australia:
    30. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;
    31. and
    32. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    33. (b) in relation to the Republic of Latvia:
    34. (i) the Law on State Social Insurance, but only to the extent that it applies to the pension insurance;
    35. (ii) the Law on State Pensions, but only to the extent that it applies to the old age pension and the survivor’s pension, death grant and allowance for the dece
    36. (iii) the Law on State Funded Pensions, but only to the extent that it applies to the old age pension and the survivor’s pension; and
    37. (iv) the Law on State Social Allowances, but only to the extent that it applies to the state social security benefit in cases of old age and the survivors.
    38. 2. Subject to paragraphs 4 and 5, this Agreement shall also apply to laws and regulations which amend, supplement, consolidate or supersede the legislation spec
    39. 3. Notwithstanding the provisions of subparagraph 1(a), this Agreement shall apply to women who are receiving an Australian wife pension at the date this Agreem
    40. 4. Notwithstanding the provisions of paragraph 1, the legislation referred to in this Article shall not include treaties or other international agreements on so
    41. 5. This Agreement shall not apply to future legislation which extends the existing legislation of either Party to new categories of beneficiaries unless both Pa
    42. Article 3
    43. Personal Scope
    44. This Agreement shall apply to any person residing in the territory of either Party who:
    45. (a) is or has been an Australian resident; or
    46. (b) is or has been subject to the legislation of the Republic of Latvia that is specified in subparagraph 1(b) of Article 2;
    47. and, where applicable, to other persons in regard to the rights they derive from the person described above.
    48. Article 4
    49. Equality of Treatment
    50. 1. Subject to this Agreement and unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights a
    51. 2. Paragraph 1 shall not apply to the transitional provisions of the Law on State Pensions of the Republic of Latvia regarding insurance periods accumulated pri
    52. Article 5
    53. Export of Benefits
    54. 1. Benefits of one Party, when payable by virtue of this Agreement, shall be payable to persons who are residents of, or in, the territory of either Party.
    55. 2. In relation to Australia, for the purposes of paragraph 1, any additional amount, increase or supplement that is payable under this Agreement, shall be payab
    56. 3. In relation to Latvia, notwithstanding any other provision in this Agreement, state social security benefit and supplement to the old age pension shall be pa
    57. PART II
    58. PROVISIONS ON APPLICABLE LEGISLATION
    59. Article 6
    60. Application of this Part
    61. This Part only applies if:
    62. (a) an employee and/or their employer would, apart from this Part, be subject to the legislation of both Parties in respect of work of the employee or remunerat
    63. (b) an employee or self-employed person from the Republic of Latvia is sent to work in Australia and would otherwise come to be covered by the legislation of Au
    64. (c) a self-employed person in the Republic of Latvia is simultaneously employed in Australia.
    65. Article 7
    66. Diplomatic and Consular Relations
    67. This Agreement shall not affect the application of the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on
    68. Article 8
    69. Applicable Legislation
    70. 1. Unless otherwise provided in paragraphs 2 or 3, if an employee works in the territory of one Party, the employer of the employee and the employee shall in re
    71. 2. If an employee:
    72. (a) is covered by the legislation of one Party (‘the first Party’);
    73. (b) was sent by an employer who is subject to the legislation of the first Party to work in the territory of the other Party (‘the second Party’);
    74. (c) is working in the territory of the second Party in the employment of the employer or a related entity of that employer;
    75. (d) a period of 4 years from the time the employee was sent to work in the territory of the second Party has not elapsed; and
    76. (e) the employee is not working permanently in the territory of the second Party;
    77. then the employer and their employee shall be subject only to the legislation of the first Party in respect of the work performed after the commencement of this
    78. 3. If an employee:
    79. (a) is covered by the legislation of one Party (‘the first Party’);
    80. (b) was sent by the Government of the first Party to work in the territory of the other Party (‘the second Party’);
    81. (c) is working in the territory of the second Party in the employment of the Government of the first Party; and
    82. (d) is not working permanently in the territory of the second Party;
    83. then the employer and employee shall be subject only to the legislation of the first Party in respect of the work performed after the commencement of this Part
    84. 4. For the Republic of Latvia, if a self-employed person:
    85. (a) is covered by the legislation of the Republic of Latvia;
    86. (b) is working in the territory of Australia;
    87. (c) a period of four years from the time the self-employed person commenced working in Australia has not elapsed; and
    88. (d) is not working permanently in the territory of Australia,
    89. then the self-employed person shall be subject only to the legislation of the Republic of Latvia in respect of the work performed and the remuneration paid for
    90. 5. For the purposes of subparagraph 2(c) an entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority
    91. Article 9
    92. Exception agreements
    93. 1. The Competent Institutions of the Parties may for the purposes of this Part by agreement in writing:
    94. (a) extend the period of 4 years referred to in subparagraph 2(d) of Article 8 for any employee; or
    95. (b) provide that an employee is deemed to work in the territory of a particular Party or to work on a ship or aircraft in international traffic under the legisl
    96. 2. Any agreement made under paragraph 1 may apply to:
    97. (a) a class of employees; and/or
    98. (b) particular work or particular type of work (including work that has not occurred at the time the agreement is made).
    99. PART III
    100. PROVISIONS RELATING TO BENEFITS UNDER THE LEGISLATION OF AUSTRALIA
    101. Article 10
    102. Residence or Presence in the Republic of Latvia
    103. 1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Austral
    104. (a) is an Australian resident or resides in the Republic of Latvia; and
    105. (b) is in Australia or the Republic of Latvia,
    106. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    107. 2. For the purpose of subparagraph 1(a), a person who resides in the Republic of Latvia shall be limited to persons who permanently reside in the Republic of La
    108. Article 11
    109. Totalisation for Australia
    110. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    111. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    112. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
    113. (c) an insurance period under the legislation of the Republic of Latvia
    114. then, only for the purpose of meeting any minimum qualifying period for that benefit set out in the legislation of Australia, the insurance period accumulated u
    115. 2. For the purposes of paragraph 1, where a person:
    116. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    117. (b) has accumulated an insurance period under the legislation of the Republic of Latvia in two or more separate periods that equals or exceeds in total the mini
    118. the total of the insurance periods under the legislation of the Republic of Latvia shall be deemed to be one continuous period.
    119. 3. For the purposes of this Article, where a period by a person as an Australian resident and an insurance period under the legislation of the Republic of Latvi
    120. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
    121. (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of
    122. (b) for the purposes of an Australian benefit that is payable to an Australian resident, there shall be no minimum period.
    123. 5. For the purposes of this Article, an insurance period under the legislation of the Republic of Latvia shall be deemed to be a period as an Australian residen
    124. Article 12
    125. Calculation of Australian Benefits
    126. 1. Subject to paragraph 2, where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the amount of that bene
    127. 2. Where a person comes temporarily to Australia, paragraph 1 shall continue to apply for 26 weeks from the date of their arrival in Australia.
    128. 3. Subject to paragraph 4, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the amount of that benefit s
    129. (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the Rep
    130. (b) deducting the amount of the benefit under the legislation of the Republic of Latvia which that person is entitled to receive from the maximum amount of that
    131. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant calculation method set out in the legislation of Australia, using as the pers
    132. 4. Where a person departs temporarily from Australia, paragraph 3 shall continue to apply for 26 weeks from the date of their departure from Australia.
    133. 5. Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of the Republic of Lat
    134. PART IV
    135. PROVISIONS RELATING TO BENEFITS UNDER THE LEGISLATION
    136. OF THE REPUBLIC OF LATVIA
    137. Article 13
    138. Totalisation
    139. 1. Unless otherwise provided in this Agreement, if a person is not eligible for a benefit because he or she has not accumulated sufficient insurance periods und
    140. 2. For the purpose of determining eligibility for an old age pension or survivor’s pension under the Law on State Pensions, a period of Australian working life
    141. 3. For the purpose of determining eligibility for a state social security benefit under the Law on State Social Allowances, Australian residence periods shall b
    142. 4. For the purposes of this Article, where an insurance period under the legislation of the Republic of Latvia and a period by a person as an Australian residen
    143. 5. Notwithstanding any other provision in this Agreement, if the total duration of the insurance periods accumulated by a person under the legislation of the Re
    144. Article 14
    145. Calculation of the amount of Benefit Payable
    146. 1. If, under the legislation of the Republic of Latvia, the conditions of eligibility for a benefit are met without the need for the totalisation provisions in
    147. 2. If, under the legislation of the Republic of Latvia, eligibility for a benefit can be established only through the application of the totalisation provisions
    148. 3. Death grant and allowance for the deceased’s spouse shall be calculated according to the legislation of the Republic of Latvia.
    149. PART V
    150. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    151. Article 15
    152. Lodgement of Documents
    153. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Party in a
    154. 2. For the purposes of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent I
    155. 3. A claim for a benefit from one Party shall be considered as a claim for the corresponding benefit from the other Party so long as the claimant has indicated
    156. 4. The reference in paragraph 1 to an appeal is a reference to an appeal that may be made to an administrative body established by, or administratively for the
    157. Article 16
    158. Payment of Benefits
    159. 1. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concer
    160. 2. The Parties will prevent any legal or administrative restrictions on the transfer of currency outside their territory to guarantee the rights to payment and
    161. 3. A benefit payable by a Party by virtue of this Agreement shall be paid without deduction for government administrative fees and government charges for proces
    162. Article 17
    163. Exchange of Information and Mutual Assistance
    164. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:
    165. (a) communicate to each other all available information necessary for the application of this Agreement or the social security laws of Australia and the Republi
    166. (b) provide assistance to one another, including the communication to each other of any necessary information, with regard to the determination or payment of an
    167. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in t
    168. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the Competent Authorities and Competen
    169. 3. Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required
    170. 4.Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Compe
    171. 5. In no case shall the provisions of paragraphs 1 and 4 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligat
    172. (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
    173. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or the other Party.
    174. 6. Notwithstanding any laws or administrative practices of a Party, no information concerning a person which is received by that Party from the other Party shal
    175. 7. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other Party in any of the off
    176. 8. An application or document may not be rejected by a Competent Authority or Competent Institution solely because it is in an official language of the other Pa
    177. Article 18
    178. Administrative Arrangement
    179. 1. The Competent Authorities of the Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementation of this Ag
    180. 2. The Competent Authorities shall appoint liaison bodies which are to be listed in the Administrative Arrangement.
    181. Article 19
    182. Dispute Settlement
    183. 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement accor
    184. 2. The Parties shall consult promptly, whether through diplomatic channels or otherwise, at the request of either Party concerning matters which have not been r
    185. Article 20
    186. Review of Agreement
    187. Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose no later than six months after that request was made
    188. PART VI
    189. TRANSITIONAL AND FINAL PROVISIONS
    190. Article 21
    191. Transitional Provisions
    192. 1. In determining entitlement to a benefit under this Agreement, periods as an Australian resident, periods of Australian working life residence and insurance p
    193. 2. In relation to the Republic of Latvia, paragraph 1 shall not apply where a benefit has already been awarded under the legislation of the Republic of Latvia f
    194. 3. Subject to the legislation of either Party, this Agreement shall not result in any reduction in the amount of any benefit to which entitlement was establishe
    195. 4. Article 8, paragraphs 2, 3 and 4 shall apply from the date of entry into force of this Agreement, notwithstanding that the work undertaken by reference to th
    196. Article 22
    197. Entry into Force
    198. This Agreement is concluded for an indefinite period and shall enter into force on the first day of the second month following the month in which the last writt
    199. Article 23
    200. Termination
    201. 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other wr
    202. 2. In the event of termination, this Agreement shall continue to apply in relation to all persons who:
    203. (a) at the date on which termination takes effect, are in receipt of benefits; or
    204. (b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    205. (c) immediately before the date of termination are subject only to the legislation of one Party by virtue of paragraph 2, 3 or 4 of Article 8 or Article 9 of Pa
    206. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    207. DONE in two originals at RIGA this 7th day of September, two thousand and eleven in the English and Latvian languages, each text being equally authoritative.
    208. Signed by Dr Russel Trood Ilona Jursevska
    209. Special Envoy to Eastern Europe Minister of Welfare
    210. FOR AUSTRALIA FOR THE REPUBLIC OF LATVIA
34. Schedule 31 · Republic of India
    1. Note: See sections 5 and 8.
    2. AGREEMENT BETWEEN
    3. AUSTRALIA
    4. AND
    5. THE REPUBLIC OF INDIA
    6. ON SOCIAL SECURITY
    7. Australia and the Republic of India (hereinafter “the Contracting Parties”),
    8. Wishing to strengthen the existing friendly relations between the two countries,
    9. and
    10. Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage,
    11. Have agreed as follows:
    12. PART I
    13. GENERAL PROVISIONS
    14. Article 1
    15. Definitions
    16. 1. In this Agreement, unless the context otherwise requires:
    17. (a) “benefit” means, in relation to a Contracting Party, a benefit, pension or allowance for which provision is made in the legislation of that Contracting Part
    18. (b) “Competent Authority” means, in relation to Australia, the Secretary to the Commonwealth Department responsible for the legislation specified in subparagrap
    19. (c) “Competent Institution” means, in relation to Australia, the institution or agency which has the task of implementing the applicable legislation; and in rel
    20. (d) “Government” in relation to paragraph 2 of Article 7 includes, for Australia, a political subdivision or local authority of Australia, and includes for Indi
    21. (e) “legislation” means, in relation to Australia, the laws specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of t
    22. (f) “period of insurance” means, in relation to India, any period of contributions under the legislation of India, as well as any period recognised as equivalen
    23. (g) “period of Australian working life residence” means a period defined as such in the legislation of Australia and accrued on or after 16 November 1995;
    24. (h) “territory” means, in relation to Australia, Australia as defined in the legislation of Australia; and, in relation to India, the territory of the Republic
    25. 2. Any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the applicable legislation.
    26. Article 2
    27. Legislative Scope
    28. 1. This Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, supplement
    29. (a) in relation to Australia:
    30. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;
    31. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    32. (b) in relation to India, to all legislation concerning:
    33. (i) old-age and survivors’ pension for employed persons;
    34. (ii) the Permanent Total Disability pension for employed persons.
    35. 2. Except as otherwise provided in this Agreement, the legislation of either Contracting Party shall not include any other agreement on social security entered
    36. 3. This Agreement shall apply to laws which extend the legislation of either Contracting Party to new categories of beneficiaries only if the two Contracting Pa
    37. Article 3
    38. Personal Scope
    39. This Agreement shall apply to any person who:
    40. (a) is or has been an Australian resident; or
    41. (b) is or has been subject to the legislation of Australia; or
    42. (c) is or has been subject to the legislation of India
    43. and to other persons in regard to the rights they derive from the person described above.
    44. Article 4
    45. Equality of Treatment
    46. Unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and obligations regard
    47. Article 5
    48. Export of Benefits
    49. 1. Benefits of one Contracting Party, when payable by virtue of this Agreement, are payable to persons who are residents of, and in the territory of either Cont
    50. 2. In relation to Australia, for the purposes of paragraph 1 of this Article, any additional amount, increase or supplement that is payable under this Agreement
    51. PART II
    52. PROVISIONS ON COVERAGE
    53. Article 6
    54. Purpose and Application
    55. 1. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of India or Australia do not have a double liability un
    56. 2. This Part applies only where an employee or the employer would otherwise be subject to the legislation of both Contracting Parties in respect of the work of
    57. Article 7
    58. Diplomats and Government Employees
    59. 1. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relati
    60. 2. Employees of the Government, or persons treated as such according to the legislation of one Contracting Party, to whom paragraph 1 of this Article does not a
    61. Article 8
    62. Avoidance of Double Coverage
    63. 1. Unless otherwise provided in paragraphs 2 or 4 of this Article, if an employee works in the territory of one Contracting Party, the employer and the employee
    64. 2. If an employee:
    65. (a) is covered by the legislation of one Contracting Party (‘the first Contracting Party’); and
    66. (b) was sent by an employer who is subject to the legislation of the first Contracting Party to work in the territory of the other Contracting Party (‘the secon
    67. (c) is working in the territory of the second Contracting Party in the employment of the employer or a related entity of that employer; and
    68. (d) is not working permanently in the territory of the second Contracting Party; and
    69. (e) a period of 5 years from the time the employee was sent to work in the territory of the second Contracting Party has not elapsed;
    70. the employer and the employee shall be subject only to the legislation of the first Contracting Party in respect of the work performed and the remuneration paid
    71. 3. The period of five years referred to in subparagraph 2(d) of this Article may be extended with the mutual consent of the Competent Authorities of both Contra
    72. 4. For the purposes of subparagraph 2(c) of this Article an entity is a related entity of an employer if the entity and the employer are members of the same who
    73. 5. Employees on board vessels flying the Indian flag or working for an Indian airline company shall be subject to Indian legislation, as applied. However, if th
    74. Article 9
    75. Secondment from third states
    76. Paragraph 2 of Article 7 and paragraph 2 of Article 8 shall apply where a person who has been sent by his or her employer from the territory of one Contracting
    77. Article 10
    78. Exceptions
    79. The Competent Authorities or the Competent Institutions designated by them may agree in writing to modify the application of the provisions of this Part in resp
    80. Article 11
    81. Certificate on Coverage
    82. Where the legislation of one of the Contracting Parties is applicable in accordance with any of the provisions of this Part, the Competent Authority of the Cont
    83. PART III
    84. PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    85. Article 12
    86. Residence or Presence in India
    87. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian
    88. (a) is an Australian resident or a resident of India; and
    89. (b) is in Australia or India,
    90. that person, so long as he or she has a minimum of 12 months Australian working life residence, shall be deemed, for the purpose of lodging that claim, to be an
    91. Article 13
    92. Totalisation
    93. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    94. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    95. (b) a period of Australian working life residence that is equal to or greater than the period identified in accordance with paragraph 4 of this Article for that
    96. (c) a period of insurance in the Employees’ Pension Scheme,1995 of India accrued after the date of commencement of this Agreement;
    97. then for the purposes of a claim for that Australian benefit, that period of insurance completed under the legislation of India shall be deemed to be a period i
    98. 2. For the purposes of paragraph 1 of this Article, where a person:
    99. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    100. (b) has accumulated a period of insurance under the legislation of India, after this Agreement commences, in two or more separate periods that equals or exceeds
    101. then the total of the periods of insurance under the legislation of India shall be deemed to be one continuous period.
    102. 3. For the purposes of this Article, where a period by a person as an Australian resident and a period of insurance under the legislation of India coincide, the
    103. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 of this Article shall be 12 months, of which
    104. Article 14
    105. Calculation of Australian Benefits
    106. 1. Subject to paragraph 2 of this Article, where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the rat
    107. (a) calculating that person’s income according to the legislation of Australia, including any benefit payable under the legislation of India which that person o
    108. (b) applying to the maximum rate of Australian benefit the relevant rate calculator set out in the legislation of Australia, using as the person’s income the am
    109. (c) proportionalising, if applicable, the amount of benefit calculated under subparagraph (b) by multiplying that amount by the person’s period of Australian wo
    110. 2. Paragraph 1 of this Article shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    111. 3. Subject to paragraph 4 of this Article, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of
    112. (a) calculating the person’s income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of India wh
    113. (b) deducting the amount of that benefit under the legislation of India which that person is entitled to receive from the maximum rate of Australian benefit; an
    114. (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person
    115. 4. Paragraph 3 of this Article shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    116. 5. Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of India each of them
    117. 6. For the purposes of paragraphs 1 and 2 of this Article, the Additional Child Amount shall be nil.
    118. PART IV
    119. PROVISIONS RELATING TO BENEFITS OF INDIA
    120. Article 15
    121. Totalisation of Insurance Period
    122. Where the legislation of India makes the acquisition, retention or recovery of the right to benefits subject to the completion of periods of insurance, periods
    123. Article 16
    124. Calculation of Indian benefits
    125. 1. If a person is entitled to a benefit under the Indian legislation without necessarily proceeding to totalisation, the Competent Institution in India shall ca
    126. 2. If a person is entitled to a benefit by virtue of the Indian legislation, with his right being created solely by taking the totalisation of the periods of Au
    127. (a) the Competent Institution shall calculate the theoretical amount of the benefit due as if all the periods completed according to the two Contracting States’
    128. (b) the Competent Institution shall then calculate the amount due, on the basis of the amount specified under (a), in proportion to the duration of the periods
    129. 3. If the duration of insurance periods completed under the legislation of India is less than twelve months, the Competent Institution of India shall not be req
    130. 4. Lump sum payments and withdrawals shall be granted to Australian nationals as provided for the International Workers in accordance with the legislation of In
    131. PART V
    132. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    133. Article 17
    134. Lodgement of Documents
    135. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Contractin
    136. 2. The date on which a claim, notice or appeal referred to in paragraph 1 of this Article is lodged with the Competent Institution of one Contracting Party shal
    137. 3. A claim for a benefit from one Contracting Party shall be considered as a claim for the corresponding benefit from the other Contracting Party so long as the
    138. 4. The reference in paragraphs 1 and 2 of this Article to an appeal document is a reference to a document concerning an appeal that may be made to an administra
    139. Article 18
    140. Payment of Benefits
    141. 1. If a Contracting Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Contracting Party shall implem
    142. 2. A benefit payable by a Contracting Party by virtue of this Agreement shall be paid by that Contracting Party without deduction for government administrative
    143. 3. Where, under the legislation of one Contracting Party, documents submitted to a Competent Authority or Competent Institution of that Contracting Party are pa
    144. 4. Documents and certificates required to be produced for the purpose of this Agreement shall be exempt from authentication by diplomatic and consular authoriti
    145. Article 19
    146. Exchange of Information and Mutual Assistance
    147. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:
    148. (a) communicate to each other any information necessary for the application of this Agreement or for the purposes of their legislation;
    149. (b) provide assistance to one another, including the communication to each other of any information necessary, with regard to the determination or payment of an
    150. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in t
    151. 2. The assistance referred to in paragraph 1 of this Article shall be provided free of charge, subject to the Administrative Arrangement made pursuant to Articl
    152. 3. Unless disclosure is required under the laws of a Contracting Party, any information about an individual which is transmitted in accordance with this Agreeme
    153. 4. In no case shall the provisions of paragraphs 1 and 3 of this Article be construed so as to impose on the Competent Authority or Competent Institution of a C
    154. (a) to carry out administrative measures at variance with the laws or the administrative practice of either Contracting Party; or
    155. (b) to supply information which is not ordinarily obtainable under the laws or in the normal administrative practice of either Contracting Party.
    156. 5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Contracting Party may communicate with the other in any of t
    157. 6. Documents submitted to a Competent Authority or Competent Institution of a Contracting Party shall not be rejected solely on the ground that they are written
    158. 7. The Competent Institutions of the Contracting Parties will supply to each other, on a schedule as agreed, in an agreed format, relevant information, includin
    159. Article 20
    160. Administrative Arrangement
    161. The Competent Authorities of the Contracting Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementation o
    162. Article 21
    163. Exchange of Statistics
    164. The Competent Institutions of the Contracting Parties shall exchange annual statistics on the payments granted to beneficiaries pursuant to this Agreement. Thes
    165. Article 22
    166. Resolution of Disputes
    167. 1. The Competent Authorities of the Contracting Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agr
    168. 2. The Contracting Parties shall consult promptly at the request of either Contracting Party concerning matters which have not been resolved by the Competent Au
    169. Article 23
    170. Review of Agreement
    171. Where a Contracting Party requests the other to meet to review this Agreement, the Contracting Parties shall meet for that purpose no later than six months afte
    172. PART VI
    173. TRANSITIONAL AND FINAL PROVISIONS
    174. Article 24
    175. Transitional Provisions
    176. 1. This Agreement shall not establish any right to a benefit for any period before the date of the entry into force of this Agreement.
    177. 2. Except as otherwise provided in this Agreement, when determining entitlements to benefits under this Agreement, periods of residence in Australia, periods of
    178. 3. This Agreement shall not apply in respect to periods of insurance which were liquidated by the granting of a lump sum payment or the reimbursement of contrib
    179. 4. Paragraph 2 of Article 7 and paragraph 2 of Article 8 shall apply from the date of entry into force of this Agreement, even if the employee was sent by their
    180. Article 25
    181. Entry into Force
    182. This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Contracting Parties through th
    183. Article 26
    184. Termination
    185. 1. Subject to paragraph 2 of this Article, this Agreement shall remain in force until the expiration of 12 months from the date on which either Contracting Part
    186. 2. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    187. (a) at the date on which termination takes effect, are in receipt of benefits; or
    188. (b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    189. (c) immediately before the date of termination are subject only to the legislation of one Contracting Party by virtue of paragraph 2 of Article 7 and paragraph
    190. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
    191. DONE in two originals at Canberra on this 18th day of November, two thousand and fourteen in the English and Hindi languages, each version being equally authent
    192. FOR AUSTRALIA FOR THE REPUBLIC OF INDIA
    193. (Kevin Andrews, Minister for (Biren Nanda, High Commissioner)
    194. Social Services)
35. Schedule 32 · Republic of Estonia
    1. Note: See sections 5 and 8.
    2. AGREEMENT BETWEEN
    3. AUSTRALIA
    4. AND
    5. THE REPUBLIC OF ESTONIA
    6. ON SOCIAL SECURITY
    7. Australia and the Republic of Estonia (hereinafter “the Contracting Parties”),
    8. Wishing to strengthen the existing friendly relations between the two countries,
    9. and
    10. resolved to coordinate their social security systems and to eliminate double coverage for seconded workers;
    11. Have agreed as follows:
    12. PART I
    13. GENERAL PROVISIONS
    14. Article 1
    15. Definitions
    16. 1. In this Agreement, unless the context otherwise requires:
    17. (a) “benefit” means, in relation to a Contracting Party, a pension for which provision is made in the legislation of that Contracting Party, and includes any ad
    18. (b) “Competent Authority” means,
    19. in relation to Australia, the Secretary of the Commonwealth Department responsible for the legislation specified in sub-paragraph 1(a)(i) of Article 2 of this A
    20. in relation to the Republic of Estonia, the Ministry of Social Affairs, except in relation to the application of Part II of the Agreement (including the applica
    21. (c) “Competent Institution” means the institution or agency which has the task of implementing the applicable legislation;
    22. (d) “insurance period” under the legislation of the Republic of Estonia means a period of payment of social tax, residence or employment and periods deemed as s
    23. (e) “legislation” means,
    24. in relation to Australia, the laws specified in sub-paragraph 1(a)(i) of Article 2 of this Agreement except in relation to the application of Part II of the Agr
    25. in relation to the Republic of Estonia, the laws specified in sub-paragraph 1(b)(i) of Article 2 of this Agreement except in relation to the application of Part
    26. (f) “period of Australian working life residence” means a period defined as such in the legislation of Australia but does not include any period deemed pursuant
    27. 2. Unless the context otherwise requires, any term not defined in this Agreement shall have the meaning assigned to it in the applicable legislation and nationa
    28. Article 2
    29. Legislative Scope
    30. 1. This Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that amend, supplement or replace th
    31. (a) in relation to Australia:
    32. (i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;
    33. (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrat
    34. (b) in relation to the Republic of Estonia:
    35. (i) the legislation governing mandatory state pension insurance in case of old-age and loss of provider except pension rights provided to persons repressed and
    36. (ii) legislation governing the payment of social tax, the contributions of mandatory funded pensions and the unemployment insurance premiums;
    37. (iii) notwithstanding sub-paragraph 1(b)(ii) of this Article, this Agreement shall not apply to the unemployment benefits.
    38. 2. Unless otherwise provided in this Agreement, the legislation of either Contracting Party shall not include any other agreement on social security entered int
    39. 3. This Agreement shall apply to future legislation which extends the existing legislation of either Contracting Party to new categories of beneficiaries only i
    40. Article 3
    41. Personal Scope
    42. This Agreement shall apply to any person who:
    43. (a) is or has been an Australian resident; or
    44. (b) is or has been an Estonian resident and subject to the legislation of the Republic of Estonia.
    45. Article 4
    46. Equality of Treatment
    47. Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and
    48. Article 5
    49. Export of Benefits
    50. 1. Unless otherwise provided in this Agreement, benefits of one Contracting Party shall be payable to persons who are residents of, and physically present in, t
    51. 2. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement, shall be payable to a
    52. 3. In relation to the Republic of Estonia, the national pension shall be awarded and paid only to persons residing in the territory of the Republic of Estonia.
    53. PART II
    54. PROVISIONS ON COVERAGE
    55. Article 6
    56. Application of this Part
    57. This Part only applies if an employee and/or the employer would, apart from this Part, be subject to the legislation of both Contracting Parties in respect of t
    58. Article 7
    59. Diplomatic and Consular Relations
    60. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations
    61. Article 8
    62. Avoidance of Double Coverage
    63. 1. Unless otherwise provided in this Part, if an employee works in the territory of one Contracting Party, the employee and their employer shall in respect of t
    64. 2. If an employee:
    65. (a) is covered by the legislation of one Contracting Party (‘the first Contracting Party’); and
    66. (b) was sent, whether before, on or after the commencement of this Part, by the Government of the first Contracting Party to work in the territory of the other
    67. (c) is working in the territory of the second Contracting Party in the employment of the Government of the first Contracting Party; and
    68. (d) is not working permanently in the territory of the second Contracting Party;
    69. the employee and employer shall be subject only to the legislation of the first Contracting Party in respect of the work performed after the commencement of thi
    70. 3. If an employee:
    71. (a) is covered by the legislation of one Contracting Party (‘the first Contracting Party’); and
    72. (b) was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the legislation of the first Contracting Party to work
    73. (c) is working in the territory of the second Contracting Party in the employment of the employer or a related entity of that employer; and
    74. (d) is not working permanently in the territory of the second Contracting Party and a period of 4 years from the time the employee was sent to work in the terri
    75. the employee and employer shall be subject only to the legislation of the first Contracting Party in respect of the work performed and the remuneration paid for
    76. 4. For the purposes of sub-paragraph 3(c) of Article 8 of this Agreement an entity is a related entity of an employer if the entity and the employer are members
    77. Article 9
    78. Exception Agreements
    79. The Competent Authorities or the Competent Institutions designated by them may agree in writing to modify the application of the provisions of this Part in resp
    80. PART III
    81. PROVISIONS RELATING TO AUSTRALIAN BENEFITS
    82. Article 10
    83. Residence or Presence in the Republic of Estonia
    84. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian
    85. (a) is an Australian or an Estonian resident; and
    86. (b) is in Australia, or in the Republic of Estonia,
    87. that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resi
    88. Article 11
    89. Totalisation for Australian Benefits
    90. 1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
    91. (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that
    92. (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 of this Article for that person;
    93. (c) an insurance period under the legislation of the Republic of Estonia;
    94. then, for the purposes of a claim for that Australian benefit, that insurance period under the legislation of the Republic of Estonia shall be deemed, only for
    95. 2. For the purposes of paragraph 1 of this Article, where a person:
    96. (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitl
    97. (b) has accumulated an insurance period under the legislation of the Republic of Estonia in two or more separate periods that equals or exceeds in total the min
    98. then the total of the insurance periods under the legislation of the Republic of Estonia shall be deemed to be one continuous period.
    99. 3. For the purposes of this Article, where a period by a person as an Australian resident and an insurance period under the legislation of the Republic of Eston
    100. 4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 of this Article shall be 12 months, of which
    101. Article 12
    102. Calculation of Australian Benefits
    103. 1. Subject to paragraph 2, where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the amount of that bene
    104. 2. Where a person comes temporarily to Australia, paragraph 1 shall continue to apply for 26 weeks from the date of their arrival in Australia.
    105. 3. Subject to paragraph 4, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit sha
    106. (a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the Rep
    107. (b) deducting the amount of the benefit under the legislation of the Republic of Estonia which that person is entitled to receive from the maximum rate of that
    108. (c) applying to the remaining benefit obtained under sub-paragraph 3(b) of this Article the relevant rate calculation set out in the legislation of Australia, u
    109. 4. Where a person departs temporarily from Australia, paragraph 3 of this Article shall continue to apply for 26 weeks from the date of their departure from Aus
    110. 5. Where a member of a couple is, or both that person and the person’s partner are, entitled to a benefit or benefits under the legislation of the Republic of E
    111. 6. For the purposes of paragraph 1, a benefit shall not include additional child amount.
    112. PART IV
    113. PROVISIONS RELATING TO ESTONIAN BENEFITS
    114. Article 13
    115. Totalisation for Estonian Benefits
    116. 1. If entitlement to a benefit under the legislation of the Republic of Estonia arises without taking into account a period of Australian working life residence
    117. 2. If a person is not entitled to a benefit on the basis of insurance periods under the legislation of the Republic of Estonia, then the Estonian insurance peri
    118. 3. If a person is not entitled to a benefit under a specific law applying to work in a certain area of speciality, in certain conditions, or in special services
    119. 4. If the total insurance period under the legislation of the Republic of Estonia is less than 12 months, the Competent Institution of the Republic of Estonia s
    120. Article 14
    121. Payment of Survivor’s Pension
    122. 1. The Republic of Estonia shall award a survivor’s pension only for insurance periods completed under its own legislation.
    123. 2. The Republic of Estonia shall not award a survivor’s pension to a person who receives an old-age pension or pension for incapacity for work from another Cont
    124. PART V
    125. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    126. Article 15
    127. Lodgement of Documents
    128. 1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Contractin
    129. 2. The date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of one Contracting Party shall be considered
    130. 3. In relation to Australia, the reference in paragraphs 1 and 2 to an appeal is a reference to an appeal that may be made to an administrative body established
    131. Article 16
    132. Payment of Benefits
    133. 1. The Competent Institutions of each Contracting Party shall pay benefits by virtue of this Agreement directly to entitled persons residing in the territory of
    134. 2. A benefit payable by a Contracting Party by virtue of this Agreement shall be paid by that Contracting Party, whether the beneficiary is in the territory of
    135. 3. Any exemption granted in the territory of one of the Contracting Parties from stamp duty, notarial or registration fees in respect of certificates and docume
    136. Article 17
    137. Exchange of Information and Mutual Assistance
    138. 1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:
    139. (a) communicate to each other any information necessary for the application of this Agreement and the social security law of Australia or the legislation of the
    140. (b) provide assistance to one another, including the communication to each other of any necessary information, with regard to the determination or payment of an
    141. (c) communicate to each other, as soon as possible, all information about the measures taken by them for the implementation of this Agreement or about changes i
    142. 2. The assistance referred to in paragraph 1 shall be provided free of charge, unless otherwise provided for in the Administrative Arrangement made pursuant to
    143. 3. Unless disclosure is required under the legislation of a Contracting Party, any information about an individual which is transmitted in accordance with this
    144. 4. In no case shall the provisions of paragraphs 1 and 3 of this Article be construed so as to impose on the Competent Authority or Competent Institution of a C
    145. (a) to carry out administrative measures at variance with the laws or the administrative practice of either Contracting Party; or
    146. (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of either Contracting Party.
    147. 5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Contracting Party may communicate with the other in any of t
    148. 6. The Competent Institutions of the Contracting Parties will supply to each other, according to an agreed schedule and format, relevant information including,
    149. Article 18
    150. Administrative Arrangement
    151. 1. The Competent Authorities of the Contracting Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementatio
    152. 2. The Competent Authorities shall appoint liaison agencies which are to be listed in the Administrative Arrangement to facilitate the implementation of this Ag
    153. Article 19
    154. Resolution of Disputes
    155. The Competent Authorities of the Contracting Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreem
    156. Article 20
    157. Review of Agreement
    158. Where a Contracting Party requests the other to meet to review this Agreement, the Contracting Parties shall meet for that purpose no later than six months afte
    159. PART VI
    160. TRANSITIONAL AND FINAL PROVISIONS
    161. Article 21
    162. Transitional Provisions
    163. 1. This Agreement shall not establish any right to a benefit for any period prior to the date of its entry into force.
    164. 2. In determining entitlement to a benefit under this Agreement, periods as an Australian resident, periods of Australian working life residence and insurance p
    165. 3. Paragraphs 2 and 3 of Article 8 apply from the date of entry into force of this Agreement, even if the person was sent by his or her employer before this dat
    166. 4. If a person who was awarded the pension for incapacity for work by the Republic of Estonia when he or she was residing in the territory of the Republic of Es
    167. Article 22
    168. Entry into Force
    169. This Agreement shall enter into force on the first day of the third month following the month in which the last written notification is exchanged by the Contrac
    170. Article 23
    171. Duration, Modification and Termination
    172. 1. This Agreement is concluded for an indefinite period and can be modified by agreement in writing between the Contracting Parties.
    173. 2. Subject to paragraph 3 of this Article, this Agreement shall remain in force until the expiration of 12 months from the date on which either Contracting Part
    174. 3. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    175. (a) at the date on which termination takes effect, are in receipt of benefits; or
    176. (b) prior to that date have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    177. (c) immediately before the date of termination are subject to the legislation of only one Contracting Party by virtue of Articles 8 or 9 of Part II of this Agre
    178. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    179. DONE in two originals at Tallinn on this 14th day of September 2015 in the English and Estonian languages, each text being equally authoritative.
    180. FOR AUSTRALIA FOR THE REPUBLIC OF ESTONIA Gerald Thomson Australian Ambassador to Sweden Margus Tsahkna Minister for Social Protection
36. Schedule 33 · Republic of Serbia
    1. Note: See sections 5 and 8.
    2. AGREEMENT BETWEEN
    3. AUSTRALIA
    4. AND
    5. THE REPUBLIC OF SERBIA
    6. ON SOCIAL SECURITY
    7. Australia and the Republic of Serbia (hereinafter “the Contracting Parties”),
    8. Wishing to strengthen the existing friendly relations between the two countries,
    9. and
    10. Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage,
    11. Have agreed as follows:
    12. PART I
    13. GENERAL PROVISIONS
    14. Article 1
    15. Definitions
    16. (1) In this Agreement, unless the context otherwise requires:
    17. 1. “benefit” means, in relation to a Contracting Party, a benefit, pension or allowance for which provision is made in the legislation of that Contracting Party
    18. 2. “Competent Authority” means, in relation to Australia, the Secretary to the Commonwealth Department responsible for the legislation specified in subparagraph
    19. 3. “Competent Institution” means, in relation to Australia, the institution or agency which has the task of implementing the applicable legislation; and in rela
    20. 4. “Government” in relation to paragraph 2 of Article 8 includes, for Australia, a political subdivision or local authority of Australia;
    21. 5. “legislation” means, in relation to Australia, the laws specified in subparagraph 1.1. of paragraph 1 of Article 2 except in relation to the application of P
    22. 6. “period of insurance” means, in relation to the Republic of Serbia, a period of paid contributions and equal periods regarded as such under the legislation o
    23. 7. “period of Australian working life residence” means a period defined as such in the legislation of Australia, but does not include any period deemed pursuant
    24. (2) Any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the applicable legislation.
    25. Article 2
    26. Legislative Scope
    27. (1) This Agreement shall apply to the legislation effective at the date of entering into force of this Agreement, and to any legislation that subsequently amend
    28. 1. in relation to Australia:
    29. 1.1 the Acts forming the social security law in so far as the law provides for, applies to or affects the age pension;
    30. 1.2 the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administrati
    31. 2. in relation to the Republic of Serbia, the legislation concerning pension and disability insurance.
    32. (2) Unless otherwise provided in this Agreement, this Agreement does not apply to any agreement on social security entered into by either Contracting Party with
    33. (3) This Agreement shall apply to laws which extend the legislation of either Contracting Party to new categories of beneficiaries only if the Contracting Parti
    34. Article 3
    35. Personal Scope
    36. This Agreement shall apply to any person who:
    37. 1. is or has been an Australian resident; or
    38. 2. is or has been subject to the legislation of Australia; or
    39. 3. is or has been subject to the legislation of the Republic of Serbia;
    40. and to other persons in regard to the rights they derive from the person described above.
    41. Article 4
    42. Equality of Treatment
    43. Unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and obligations regard
    44. Article 5
    45. Export of Benefits
    46. (1) Benefits payable by virtue of this Agreement shall also be paid in the territory of the other Contracting Party.
    47. (2) In relation to Australia, for the purposes of paragraph 1 of this Article, any additional amount, increase or supplement that is payable under this Agreemen
    48. (3) In relation to the Republic of Serbia, paragraph 1 of this Article shall not refer to the difference between the established amount of pension and the lowes
    49. PART II
    50. PROVISIONS ON COVERAGE
    51. Article 6
    52. Purpose and Application
    53. (1) The purpose of this Part is to ensure that employers and employees are subject to the legislation of only one Contracting Party in respect of the same work.
    54. (2) This Part applies only where an employee or the employer would otherwise be subject to the legislation of both Contracting Parties in respect of the work of
    55. Article 7
    56. Diplomats and Consular Relations
    57. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations
    58. Article 8
    59. Avoidance of Double Coverage
    60. (1) Unless otherwise provided in paragraphs 2, 3 or 5 of this Article, if an employee works in the territory of one Contracting Party, the employer and the empl
    61. (2) If an employee:
    62. 1. is covered by the legislation of one Contracting Party; and
    63. 2. was sent, whether before, on or after the commencement of this Agreement, by the Government of the first Contracting Party, including as a civil or public se
    64. 3. is working in the territory of the second Contracting Party in the employment of the Government of the first Contracting Party, including as a civil or publi
    65. 4. is not working permanently in the territory of the second Contracting Party;
    66. the employer and the employee shall be subject only to the legislation of the first Contracting Party in respect of the work performed and the remuneration paid
    67. (3) If an employee:
    68. 1. is covered by the legislation of one Contracting Party; and
    69. 2. was sent, whether before, on or after the commencement of this Agreement, by an employer who is subject to the legislation of the first Contracting Party to
    70. 3. is working in the territory of the second Contracting Party in the employment of the employer or a related entity of that employer; and
    71. 4. is not working permanently in the territory of the second Contracting Party and has not been in the territory of the second Contracting Party, in relation to
    72. the employer and the employee shall be subject only to the legislation of the first Contracting Party in respect of the work performed and the remuneration paid
    73. (4) For the purposes of subparagraph 3 of paragraph 3 of this Article an entity is a related entity of an employer if the entity and the employer are members of
    74. (5) If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer and the employee shall in respect of
    75. Article 9
    76. Exceptions
    77. The Competent Authorities, or the Competent Institutions designated by them, may agree in writing to modify the application of the provisions of Article 8 of th
    78. Article 10
    79. Certificate on Coverage
    80. Where the legislation of one of the Contracting Parties is applicable in accordance with any of the provisions of this Part, the Competent Authority or the Comp
    81. PART III
    82. PROVISIONS FOR BENEFITS UNDER THE LEGISLATION OF AUSTRALIA
    83. Article 11
    84. Residence or Presence in the Republic of Serbia
    85. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian
    86. 1. is an Australian resident or a resident of the Republic of Serbia; and
    87. 2. is in Australia or the Republic of Serbia,
    88. that person, so long as he or she has a minimum of 12 months Australian working life residence, shall be deemed, for the purpose of lodging that claim, to be an
    89. Article 12
    90. Totalisation
    91. (1) Where a person to whom this Agreement applies has claimed a benefit under Australian legislation and has accumulated:
    92. 1. a period as an Australian resident that is less than the period required to qualify that person, under the legislation of Australia for that benefit; and
    93. 2. a period of Australian working life residence that is equal to or greater than the period identified in accordance with paragraph 4 of this Article; and
    94. 3. a period of insurance under the legislation of the Republic of Serbia,
    95. then, that period of insurance completed under the legislation of the Republic of Serbia shall be deemed to be a period in which that person was an Australian r
    96. (2) For the purposes of paragraph 1 of this Article, where a person:
    97. 1. has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitle
    98. 2. has accumulated a period of insurance under the legislation of the Republic of Serbia in two or more separate periods that equals or exceeds in total the min
    99. then the total of the periods of insurance completed under the legislation of the Republic of Serbia shall be deemed to be one continuous period.
    100. (3) For the purposes of this Article, where a period as an Australian resident and a period of insurance under the legislation of the Republic of Serbia coincid
    101. (4) The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 of this Article shall be 12 months, of whic
    102. Article 13
    103. Calculation of Benefits
    104. (1) Subject to paragraph 2 of this Article, where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the ra
    105. 1. calculating that person’s income according to the legislation of Australia, including any benefit payable under the legislation of the Republic of Serbia whi
    106. 2. applying to the maximum rate of Australian benefit the relevant rate calculator set out in the legislation of Australia, using as the person’s income the amo
    107. 3. proportionalising the amount of benefit calculated under subparagraph 2 of this paragraph by multiplying that amount by the person’s period of Australian wor
    108. (2) Paragraph 1 of this Article shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    109. (3) Subject to paragraph 4 of this Article, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of
    110. 1. calculating the person’s income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the Repub
    111. 2. deducting the amount of that benefit under the legislation of the Republic of Serbia which that person is entitled to receive from the maximum rate of Austra
    112. 3. applying to the remaining benefit obtained under subparagraph 2 of this paragraph the relevant rate calculation set out in the legislation of Australia, usin
    113. (4) Paragraph 3 of this Article shall continue to apply, for the period specified in the Social Security Act 1991 before which a person’s pension becomes subjec
    114. (5) Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of the Republic of Se
    115. (6) For the purposes of paragraphs 1 and 2 of this Article, the Additional Child Amount shall be nil.
    116. PART IV
    117. PROVISIONS FOR BENEFITS UNDER THE LEGISLATION OF THE REPUBLIC OF SERBIA
    118. Article 14
    119. Totalisation
    120. (1) Where a person to whom this Agreement applies has claimed a benefit under the legislation of the Republic of Serbia and has accumulated:
    121. 1. a period of insurance completed under the legislation of the Republic of Serbia that is less than the period required to qualify for that benefit under the l
    122. 2. a period of Australian working life residence
    123. then that period of Australian working life residence shall be deemed to be a period of insurance completed under the legislation of the Republic of Serbia only
    124. (2) For the purposes of this Article, when a period of insurance completed under the legislation of the Republic of Serbia and a period of Australian working li
    125. (3) The minimum period of insurance completed under the legislation of the Republic of Serbia to be taken into account for the purposes of paragraph 1 of this A
    126. Article 15
    127. Calculation of Benefits
    128. (1) If the right to benefit is provided for under the legislation of the Republic of Serbia without application of Article 14 of this Agreement, the amount of t
    129. (2) If the right to benefit is determined solely by virtue of the application of Article 14 of this Agreement, the Competent Institution of the Republic of Serb
    130. 1. calculate a theoretical benefit amount that would be paid if the total period accumulated under the legislation of the Republic of Serbia and Australian legi
    131. 2. on the basis of this theoretical benefit amount, shall determine an actual benefit amount payable, according to the ratio between the period completed under
    132. PART V
    133. MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
    134. Article 16
    135. Lodgement of Documents
    136. (1) A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Contracti
    137. (2) The date on which a claim, notice or appeal referred to in paragraph 1 of this Article is lodged with the Competent Institution of one Contracting Party sha
    138. (3) Any exemption from payment of fees relating to certificates and documents submitted to a Competent Authority or the Competent Institution of a Contracting P
    139. Article 17
    140. Payment of Benefits
    141. (1) The Competent Institutions of each Contracting Party shall pay benefits by virtue of this Agreement directly to entitled persons residing in the territory o
    142. (2) If a Contracting Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Contracting Party shall imple
    143. (3) Both Contracting Parties shall pay benefits without deduction for government administrative fees and charges for processing.
    144. Article 18
    145. Exchange of Information and Mutual Assistance
    146. (1) The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:
    147. 1. communicate to each other any information necessary for the application of this Agreement or for the purposes of their social security laws; and
    148. 2. provide assistance to one another, including the communication to each other of any information necessary, with regard to the determination or payment of any
    149. 3. communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in th
    150. (2) The assistance referred to in paragraph 1 of this Article shall be provided free of charge, subject to the Administrative Arrangement made pursuant to Artic
    151. (3) If the Competent Institution of a Contracting Party requires the applicant or beneficiary who is resident in the territory of the other Contracting Party to
    152. (4) Any information about an individual which is transmitted in accordance with this Agreement to a Competent Authority or a Competent Institution of a Contract
    153. (5) In no case shall the provisions of paragraphs 1 and 4 of this Article be construed so as to impose on the Competent Authority or Competent Institution of a
    154. 1. to carry out administrative measures at variance with the laws or the administrative practice of either Contracting Party; or
    155. 2. to supply information which is not ordinarily obtainable under the laws or in the normal administrative practice of either Contracting Party.
    156. (6) In the application of this Agreement, the Competent Authority and the Competent Institution of a Contracting Party may communicate with the other in any of
    157. (7) Documents submitted to a Competent Authority or Competent Institution of a Contracting Party shall not be rejected solely on the ground that they are writte
    158. (8) The Competent Institutions of the Contracting Parties shall supply to each other, according to an agreed schedule and format, relevant available information
    159. Article 19
    160. Administrative Arrangement
    161. (1) The Competent Authorities of the Contracting Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementati
    162. (2) The Competent Authorities shall appoint liaison bodies to facilitate the implementation of this Agreement.
    163. Article 20
    164. Exchange of Statistics
    165. The Competent Authorities or Competent Institutions of the Contracting Parties shall exchange annual statistics on the payments granted to beneficiaries pursuan
    166. Article 21
    167. Resolution of Disputes
    168. The Competent Authorities of the Contracting Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreem
    169. Article 22
    170. Review of Agreement
    171. Where a Contracting Party requests the other to meet to review this Agreement, the Contracting Parties shall meet for that purpose no later than six months afte
    172. PART VI
    173. TRANSITIONAL AND FINAL PROVISIONS
    174. Article 23
    175. Transitional Provisions
    176. (1) This Agreement shall not establish any right to a benefit for any period before the date of the entry into force of this Agreement.
    177. (2) Unless otherwise provided in this Agreement, when determining entitlements to benefits under this Agreement, periods of residence in Australia, periods of A
    178. (3) This Agreement shall not apply in respect to periods of insurance which were liquidated by the granting of a lump sum payment or the reimbursement of contri
    179. (4) Paragraphs 2 and 3 of Article 8 shall apply from the date of entry into force of this Agreement, even if the employee was sent by their employer before this
    180. Article 24
    181. Entry into Force
    182. This Agreement shall enter into force on the first day of the third month following the month in which notes are exchanged by the Contracting Parties through th
    183. Article 25
    184. Duration and Termination
    185. (1) Subject to paragraph (2) of this Article, this Agreement shall remain in force indefinitely or until the expiration of 12 months from the date on which eith
    186. (2) In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
    187. 1. at the date on which termination takes effect, are in receipt of benefits; or
    188. 2. prior to the date on which termination takes effect, have lodged claims for, and would be entitled to receive, benefits by virtue of this Agreement; or
    189. 3. immediately before the date on which termination takes effect, are subject only to the legislation of one Contracting Party by virtue of paragraph 2 or 3 of
    190. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    191. DONE in two originals at Belgrade on this 20th day of January, two thousand and twenty three in English and Serbian languages, each version being equally authen
    192. FOR AUSTRALIA FOR THE REPUBLIC OF SERBIA Daniel Emery Australian Ambassador to Serbia Nikola Selakovic Serbian Minister of Labour, Employment, Veteran and Socia