Contents
1Name#
This instrument is the Social Security (International Agreements) Amendment (Oriental Republic of Uruguay and Other Measures) Regulations 2026.
2Commencement#
(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 5 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 9 September 2026 |
| 2. Schedule 1 | The later of:(a) the day after this instrument is registered; and(b) the day the Agreement on Social Security between Australia and the Oriental Republic of Uruguay, done at Canberra on 26 August 2025, enters into force for Australia.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.The Minister must announce, by notifiable instrument, the day the Agreement enters into force for Australia. | |
| 3. Schedule 2 | The day after this instrument is registered. | 9 September 2026 |
| 4. Schedule 3 | The day after this instrument is registered. | 9 September 2026 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
5Schedules#
Legislation that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 · Oriental Republic of Uruguay
Schedule 34 · Oriental Republic of Uruguay
Note: See sections 5 and 8.
AGREEMENT ON SOCIAL SECURITY
BETWEEN
AUSTRALIA
AND
THE ORIENTAL REPUBLIC OF URUGUAY
Australia
and
The Oriental Republic of Uruguay (“Uruguay”)
(hereinafter individually known as “Contracting State”, or collectively as “Contracting States”),
Wishing to strengthen the relationship between the two countries in the field of social security, have agreed as follows:
PART I
General Provisions
Article 1
Definitions
1. For the purposes of this Agreement, the following terms and expressions included in this Article shall mean:
(a) “Additional Child Amount”, means an additional amount payable under the legislation of Australia to a person who has a dependent child aged under 16 years;
(b) “Benefit”, means, in relation to a Contracting State, a pension or allowance for which provision is made in the legislation of that Contracting State, and includes any additional amount, increase or supplement that is payable in addition to that payment, but for Australia, does not include any benefit, payment or entitlement under the law concerning the superannuation guarantee referred to in subparagraph 1(a)(ii) of Article 2;
(c) “Competent Authority”,
as regards Australia, the Secretary of the Commonwealth Department responsible for the legislation specified in subparagraph 1(a)(i) of Article 2 of this Agreement, except in relation to the application of Part II of the Agreement (including the application of other Parts of the Agreement as they affect that Part) where it means the Commissioner of Taxation or an authorised representative of the Commissioner of Taxation; and
as regards Uruguay, the Ministry of Labor and Social Security, and by delegation, the Banco de Previsión Social (Social Security Bank);
(d) “Competent Institution”, the institutions or organisations responsible, in each case, for the implementation of the applicable legislation;
(e) “Legislation”, except when part of the expression ‘national legislation’,
as regards Australia, the laws specified in subparagraph 1(a)(i) of Article 2 of this Agreement, except in relation to the application of Part II of the Agreement (including the application of other Parts of the Agreement as they affect that Part) where it means the laws specified in subparagraph 1(a)(ii) of Article 2 of this Agreement; and
as regards Uruguay, the Constitution, the laws and regulations specified in subparagraph 1(b) of Article 2 of this Agreement;
(f) “Liaison Institution”, the organisation responsible for coordinating and exchanging information between the Competent Institutions of both Contracting States, as specified in the Administrative Arrangement established pursuant to Article 17;
(g) “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 Article 13 to be a period in which that person was an Australian resident;
(h) “Period of coverage”, any period of contributions that has been recognised and completed under the legislation of Uruguay, and any other period recognised as equivalent to a period of contribution under that legislation, but in any case, only where the period has been completed by the person claiming the benefit under this Agreement and the period qualifies that person for a benefit under the legislation of Uruguay;
(i) “Residence”, the place where a person resides in accordance with the applicable legislation of either Contracting State.
2. Any term not defined in this Article shall have the meaning assigned to it in the applicable legislation, unless the context requires a different meaning.
3. The Contracting States shall inform each other, without delay, of any changes in their Competent Authorities, Competent Institutions or Liaison Institutions through diplomatic channels.
Article 2
Material Scope
1. For the purposes of this Agreement, the applicable legislation is:
(a) as regards Australia:
(i) the Acts forming the social security law in so far as the law provides for, applies to or affects the age pension;
(ii) for Part II of this Agreement, the law concerning the superannuation guarantee, which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations 2018; and
(b) as regards Uruguay, the legislation on the contribution payments to the Social Security for retirement and pension systems based on the intergenerational solidarity and capitalization systems managed by the Competent Institutions.
2. This Agreement shall also apply to future legislation which amends, supplements, consolidates or supersedes the legislation specified in paragraph 1 of this Article.
3. Notwithstanding paragraph 2 of this Article, this Agreement shall not apply to legislation which extends the existing legislation of one Contracting State to new categories of beneficiaries unless the Competent Authorities of both Contracting States agree otherwise.
4. For Australia, unless otherwise provided in this Agreement, the legislation shall not include any other agreement on social security entered into with a third State.
Article 3
Personal Scope
This Agreement shall apply to:
(a) persons who are or have been subject to the legislation of one or both Contracting States; or
(b) as regards Australia, any person who is or has been an Australian resident; and
(c) other persons with respect to the rights they derive from the persons described in subparagraphs (a) and (b) of this Article.
Article 4
Equality of Treatment
Unless otherwise provided in this Agreement, any person described in Article 3 shall receive equal treatment from either Contracting State in the application of its legislation regarding the rights and duties arising from their own national legislation or under this Agreement for such persons. The foregoing shall also apply to dependents and survivors with respect to their rights derived from the persons specified in this Article.
Article 5
Export of Benefits
1. Unless otherwise provided in this Agreement, benefits under the legislation of one Contracting State shall be payable in the territory of the other Contracting State, and shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the recipient resides or stays in the territory of the other Contracting State.
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 person outside Australia only for the period specified in the Social Security Act 1991. The reference to the Social Security Act 1991 includes any laws that subsequently amend, supplement or replace that Act.
PART II
Provisions Concerning Applicable Legislation
Article 6
General Rules
1. The purpose of this Part is to ensure that employers, employees and self employed persons who are subject to the legislation of one Contracting State do not have double liability under the legislation of the other Contracting State, in respect of the same work done by an employee or self-employed person.
2. This Part applies only where an employee, their employer or a self employed person would otherwise be subject to the legislation of both Contracting States, in respect of the same work done by the employee or self employed person.
3. Except as otherwise provided in this Part, if an employee or self-employed person works in the territory of one Contracting State, the employee and their employer, or the self-employed person, shall be subject only to the legislation of that Contracting State with respect to that work.
Article 7
Detached Workers
1. Where an employee who is normally employed in the territory of one Contracting State by an employer in that territory is sent by that employer to the territory of the other Contracting State for a temporary period that is not expected to exceed four years, the employee and their employer shall be subject to the legislation of only the first Contracting State as if the employee were still employed in the territory of the first Contracting State. This paragraph shall also apply to an employee who has been sent by their employer in the territory of one Contracting State to the employer’s affiliated or subsidiary company in the territory of the other Contracting State.
2. When a self-employed person transfers from the territory of one Contracting State to the territory of the other Contracting State for the purpose of performing their usual work for a period that is not expected to exceed four years, they shall be exclusively subject to the legislation of the first Contracting State, as if they continued working in the territory of the first Contracting State.
3. Paragraph 1 of this Article shall also apply where an employee was initially sent from the territory of one Contracting State to a third State and subsequently sent to the territory of the other Contracting State.
Article 8
Mariners and Aircraft Crew
1. If an employee employed as an officer or member of a crew on a ship performs work in both Contracting States, the employee and their employer shall, with respect to that work, be subject to only the legislation of the Contracting State of which the ship flies the flag.
2. If an employee of an air transportation company performs work in the territories of both Contracting States, the employee and their employer shall, with respect to that work, be subject only to the legislation of the Contracting State where the company has its headquarters.
3. However, if such employees referred to in paragraphs 1 or 2 of this Article reside in the territory of the other Contracting State, the employee and their employer shall be subject to the legislation of only that Contracting State.
Article 9
Members of Diplomatic Missions, Consular Posts, and Civil Servants
1. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or of the Vienna Convention on Consular Relations of 24 April 1963.
2. Subject to paragraph 1 of this Article, if an employee employed by the central or local government service or any other public service of a Contracting State is sent to work in the territory of the other Contracting State, the employee and their employer shall be subject to the legislation of the first Contracting State as if that employee were employed in its territory.
Article 10
Exceptions
The Competent Authorities or Competent Institutions of the two Contracting States may agree to grant an exception to the provisions of Articles 6, 7, 8, 9 and 11 of this Agreement with respect to particular persons or categories of persons.
Article 11
Certificates of Coverage
1. Where the legislation of one of the Contracting States is applicable in accordance with any of the provisions of this Part specified in paragraph 2 of this Article, the Competent Authority or Competent Institution of the Contracting State shall issue, upon request of the employer or the self-employed person, a certificate stating that the employee and their employer, or self-employed person, is subject to the legislation of that Contracting State and indicating the duration for which the certificate shall be valid. The procedure for issuing this certificate shall be established in the Administrative Arrangement pursuant to Article 17.
2. The following provisions of this Part are specified:
(a) as regards Uruguay, the provisions in Articles 7 and 9; and
(b) as regards Australia, the provisions in Articles 7, 8 and 9.
PART III
Provisions relating to Benefits under the Legislation of Australia
Article 12
Residence or Presence in Uruguay
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 resident and/or not in Australia on the date on which the claim for that benefit is lodged, but:
(a) is an Australian resident or a resident of Uruguay; and
(b) is in Australia, or Uruguay;
that person, so long as they have a minimum of twelve months of Australian working life residence, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.
Article 13
Totalisation
1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
(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 benefit; and
(b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 of this Article; and
(c) a period of coverage under the legislation of Uruguay;
then, for the purposes of the claim for that Australian benefit, that period of coverage completed under the legislation of Uruguay shall be deemed to be a period in which that person was an Australian resident, only for the purpose of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.
2. For the purposes of paragraph 1 of this Article, where a person:
(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 entitlement of that person to a benefit; and
(b) has been credited with a period of coverage under the legislation of Uruguay in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a) of this paragraph;
then the total of the periods of coverage under the legislation of Uruguay shall be deemed to be one continuous period.
3. For the purposes of this Article, where a period as an Australian resident and a period of coverage under the legislation of Uruguay coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.
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 twelve months, of which at least six months must be continuous.
Article 14
Calculation of Australian Benefits
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 rate of that benefit shall be determined by:
(a) calculating the person’s income according to the legislation of Australia, including any benefit payable under the legislation of Uruguay which the person or their partner is entitled to receive; and
(b) applying the relevant rate calculator set out in the legislation of Australia to the maximum rate of Australian benefit, using the amount calculated under subparagraph (a) as the person’s income; and
(c) proportionalising the amount of benefit calculated under subparagraph (b) by multiplying that amount by the person’s period of Australian working life residence (up to a maximum of 540 months) over a denominator of 540 months (45 years).
2. Paragraph 1 of this Article shall continue to apply for up to 26 weeks where a person comes temporarily to Australia.
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 amount of that benefit shall be determined by:
(a) calculating that person’s income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of Uruguay which that person or the partner of that person is entitled to receive, if applicable; and
(b) deducting the amount of the benefit under the legislation of Uruguay which that person is entitled to receive from the maximum rate of Australian benefit; and
(c) applying to the remaining benefit obtained under subparagraph (b) of this paragraph the relevant rate calculation set out in the legislation of Australia, using as the person’s income the amount calculated under subparagraph (a) of this paragraph.
4. Paragraph 3 of this Article shall continue to apply for up to 26 weeks where a person departs temporarily from Australia.
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 Uruguay, each of them shall be deemed, for the purposes of this Article and of the legislation of Australia, to be in receipt of one half of either the amount of that benefit or the total of both of those benefits, as the case may be.
6. For the purposes of paragraphs 1 and 2 of this Article, the Additional Child Amount shall be nil.
PART IV
Provisions relating to Benefits under the Legislation of Uruguay
Article 15
Totalisation
1. When a person has completed periods of coverage under the legislation of Uruguay and has periods of Australian working life residence, the Uruguayan Competent Institution shall, in determining eligibility for benefits under its legislation, take into account, if necessary, the periods of Australian working life residence, provided that such periods do not overlap with periods of coverage under its own legislation.
2. If a person is not entitled to a benefit on the basis of the periods of coverage completed under the legislation of Uruguay and periods of Australian working life residence, totalised according to paragraph 1 of this Article, the right to that benefit is to be determined by totalising those periods with the periods of coverage completed under the legislation of a third State with which Uruguay is bound by an agreement on social security which provides for the totalisation of periods of coverage, provided that such periods do not overlap with periods of coverage under the legislation of Uruguay or periods of Australian working life residence.
3. Notwithstanding the provisions of this Article, where the total duration of the periods of coverage completed under the legislation of Uruguay is less than one year and when, on the basis solely of those periods, no right to benefit exists under that legislation, the Uruguayan Competent Institution shall not be bound to grant benefits in respect of those periods.
Article 16
Calculation of Uruguayan Benefits
1. The Uruguayan Competent Institution shall establish the individual entitlement to a benefit and shall calculate the benefits taking into account the periods of coverage completed under the legislation of Uruguay, as well as periods of Australian working life residence, if necessary. Benefits provided shall result from the most favorable calculation to the beneficiary by one or the other procedure, regardless of any benefit determination made by the Competent Institution of Australia.
2. When totalising the periods of coverage completed under the legislation of Uruguay, the periods of Australian working life residence and, if necessary, periods of coverage completed under the legislation of a third State, the Uruguayan Competent Institution shall apply the following calculation rules to establish the amount of the benefits:
(a) the Competent Institution shall determine the amount of the benefit that the person would be entitled to if all creditable periods had been completed under its legislation (theoretical benefit);
(b) the Competent Institution shall establish the amount of the benefit by applying to the theoretical benefit estimated according to its legislation, the same proportion that exists between the creditable period of coverage completed under the legislation of Uruguay, and the total creditable periods totalised under Article 15 (pro rata benefit).
3. Workers affiliated to an Administradora de Fondos de Ahorro Previsional (Private Savings Funds Administration) shall obtain their benefits on the basis of the amount accumulated in their individual capitalization account.
4. Benefits granted under the capitalization scheme according to paragraph 1 of this Article shall be added to the benefits granted under the intergenerational solidarity scheme, whenever the worker meets the requirements under the legislation in force.
PART V
Miscellaneous Provisions
Article 17
Administrative Arrangement
1. The Competent Authorities of the Contracting States shall establish an Administrative Arrangement that sets out the measures necessary for the implementation of this Agreement.
2. The Competent Institutions and the Liaison Institutions of each Contracting State shall be designated in the Administrative Arrangement.
Article 18
Exchange of Information and Mutual Assistance
1. The Competent Authorities and the Competent Institutions of the Contracting States shall, within the scope of their respective competence, to the extent permitted by their national legislation:
(a) communicate to each other any information necessary for the application of this Agreement or for the purposes of their social security laws;
(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 Agreement applies; and
(c) communicate to each other, as soon as possible, information concerning the measures taken by them for the application of this Agreement and any changes in their respective legislation which may affect the application of this Agreement.
2. The assistance referred to in paragraph 1 of this Article shall be provided free of charge, subject to any exceptions to be agreed upon in the Administrative Arrangement established pursuant to Article 17.
3. The Competent Institutions of the Contracting States shall supply to each other relevant available information for mutual beneficiaries, such as date of death, change of address, change of relationship status and changes in the amount of benefits, as established in the Administrative Arrangement pursuant to Article 17.
4. If the Competent Institution of a Contracting State requires a claimant or beneficiary who is resident in the territory of the other Contracting State to undergo a medical examination, the Competent Institution of the other Contracting State shall, upon the request of the Competent Institution of the first Contracting State, undertake measures for conducting such examination. The arrangements for any reimbursement of costs will be established in the Administrative Arrangement pursuant to Article 17.
5. The Competent Authorities or Competent Institutions of the Contracting States shall exchange annual statistics on the payments granted to beneficiaries pursuant to this Agreement. These statistics shall include the number of beneficiaries and total monetary amount of benefits paid and shall be provided in an agreed format.
Article 19
Confidentiality of Information
1. Unless otherwise required by the national legislation of a Contracting State, information about an individual which is transmitted in accordance with this Agreement to the Competent Authority or the Competent Institution of that Contracting State by the Competent Authority or the Competent Institution of the other Contracting State shall be used exclusively for the purposes of the application of this Agreement and the legislation to which this Agreement applies. Such information received by a Competent Authority or a Competent Institution of a Contracting State shall be governed by the national legislation of that Contracting State for the protection of privacy and confidentiality of personal data.
2. In no case shall the provisions of Article 18 and paragraph 1 of this Article be construed so as to impose on the Competent Authority or Competent Institution of a Contracting State the obligation:
(a) to carry out administrative measures at variance with the laws or the administrative practice of either Contracting State; or
(b) to supply information which is not ordinarily obtainable under the laws or in the normal course of the administrative practice of either Contracting State.
Article 20
Exemption from Fees and Certification of Documents
1. Where the legislation of a Contracting State provides that any document which is submitted to the Competent Authority or the Competent Institution of that Contracting State shall be exempted, wholly or partly, from fees or charges, including consular and administrative fees, the exemption shall also apply to corresponding documents which are submitted to the Competent Authority or the Competent Institution of the other Contracting State in the application of this Agreement or of the legislation of the other Contracting State.
2. Documents and certificates which are presented by the Competent Authority or the Competent Institution of either Contracting State for the application of this Agreement or of the legislation of the other Contracting State shall be exempted from requirements for authentication by diplomatic or consular authorities, as well as translation, notarisation, and registration or any other similar formalities.
3. Copies of documents which are certified as true and exact copies by the Competent Authority or the Competent Institution of one Contracting State shall be accepted as true and exact copies by the Competent Authority or the Competent Institution of the other Contracting State, without further certification.
Article 21
Language of Communication
1. In the application of this Agreement, the Competent Authorities and the Competent Institutions of the Contracting States may correspond directly with one another as well as with any person covered by this Agreement, wherever that person may reside. The correspondence between Competent Authorities and Competent Institutions of the Contracting States may be held in the English language.
2. An application or document may not be rejected by the Competent Authority or Competent Institution of a Contracting State solely because it is in an official language of the other Contracting State.
Article 22
Claims
1. A claim for a benefit lodged with a Competent Institution of one Contracting State under its legislation or under this Agreement shall be considered as lodged with the Competent Institution of the other Contracting State.
2. If a claimant has lodged a claim for a benefit with the Competent Institution of one Contracting State and has not explicitly requested that the claim be restricted to benefits under the legislation of that Contracting State, the claim shall also protect the rights of the claimant under the legislation of the other Contracting State if the claimant provides information at the time of lodgement indicating they are or have been subject to the legislation of Uruguay, or are or have been an Australian resident, as the case may be. For Australia, this provision shall not be applied if a completed claim for an Australian benefit is not received by the Australian Competent Institution within twelve months of the date of lodgement of a claim for the Uruguayan benefit.
Article 23
Reconsideration, Appeals, and Time Limits
1. A request for a reconsideration or appeal of a decision made by a Competent Institution of one Contracting State may be validly lodged with a Competent Institution of either Contracting State. The reconsideration or appeal shall be decided according to the procedure and legislation of the Contracting State whose decision is being reconsidered or appealed.
2. Any claim, notice or request for a reconsideration or appeal which, under the legislation of one Contracting State, must have been lodged within a prescribed period with a Competent Institution of that Contracting State, but which is instead lodged within the same period with a Competent Institution of the other Contracting State, shall be considered to have been lodged on time.
Article 24
Transmittal of Claims, Notices, Reconsiderations, and Appeals
1. In any case to which the provisions of Article 22 or Article 23, or both, of this Agreement apply, the Competent Institution to which the claim, notice, or request for a reconsideration or appeal has been submitted shall indicate the date of receipt on the document or any form developed for this purpose in accordance with subparagraph 1(a) of Article 18, and transmit it without delay to the Liaison Institution of the other Contracting State.
2. The date on which a claim, notice or request for a reconsideration or appeal referred to in paragraph 1 of Article 22 or paragraph 1 of Article 23 is lodged with a Competent Institution of one Contracting State shall be considered as the date of lodgement of that document with the Competent Institution of the other Contracting State.
Article 25
Currency
1. The Competent Institution of a Contracting State determines the amount of the benefits paid in accordance with this Agreement in the currency of that Contracting State.
2. Payments to beneficiaries in the other Contracting State or a third State, resulting from the application of this Agreement, shall be made in convertible currencies.
3. The Competent Institutions shall pay the benefits free from any deduction for their administrative expenses that may be incurred in paying the benefit.
4. In the event that a Contracting State imposes currency controls or other similar measures that restrict payments, remittances or transfers of funds or financial instruments to persons who are outside the territory of that Contracting State, it shall, without delay, take appropriate measures to ensure the payment of any amount that must be paid by virtue of this Agreement, consistent with national legislation.
Article 26
Resolution of Disagreements
1. Any disagreement regarding the interpretation or application of this Agreement shall be resolved, to the extent possible, by consultation between the Competent Authorities.
2. If a disagreement cannot be resolved within twelve months from the initiation of the consultations in accordance with paragraph 1 of this Article, either Contracting State may request resolution through diplomatic channels, in which case the Contracting States shall seek to resolve the dispute through such channels.
Article 27
Review of Agreement
Where a Contracting State requests the other to meet to review this Agreement, the Contracting States shall meet for that purpose no later than six months after that request was made, unless the Contracting States otherwise agree.
PART VI
Transitional and Final Provisions
Article 28
Transitional Provisions
1. This Agreement shall not establish any right to payment of a benefit for any period before the date of entry into force of this Agreement, or to a lump sum death payment if the person died before the entry into force of this Agreement.
2. Except as otherwise provided in this Agreement, in determining the right to benefits under this Agreement, consideration shall be given to periods of coverage completed under the legislation of Uruguay, periods of Australian working life residence and other events that occurred before the entry into force of this Agreement.
3. In applying Articles 7 and 9 of this Agreement in the case of persons who were sent to work in or transferred to the territory of a Contracting State prior to the date of entry into force of this Agreement, the period of employment or self employment referred to in those Articles shall be considered to begin on the date of entry into force of this Agreement.
4. Determinations concerning entitlement to benefits made before the entry into force of this Agreement shall not affect rights arising under it.
5. The application of this Agreement shall not result in any reduction in the amount of a benefit to which entitlement was established prior to the entry into force of this Agreement.
Article 29
Duration
1. Subject to paragraph 2 of this Article, this Agreement shall remain in force indefinitely or until the expiration of twelve months from the date on which either Contracting State receives from the other, a note through diplomatic channels giving notice of termination of this Agreement.
2. In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
(a) at the date on which termination takes effect, are in receipt of benefits; or
(b) 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
(c) immediately before the date on which termination takes effect, are subject only to the legislation of one Contracting State by virtue of Part II of this Agreement, provided the person continues to satisfy the criteria of that Part.
Article 30
Entry into Force
1. Each Contracting State shall transmit to the other Contracting State a diplomatic note advising of the compliance with all its internal requirements for the entry into force of this Agreement.
2. This Agreement shall enter into force on the first day of the third month following the month in which the last of the diplomatic notes are exchanged.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Agreement.
DONE at Canberra on this 26th day of August, two thousand and twenty five in duplicate, in the Spanish and English languages, both texts being equally authentic.
For Australia: For the Oriental Republic of Uruguay:
Tanya Plibersek Ambassador Valeria Csukasi
Minister for Social Services Vice Minister of Foreign Affairs
Schedule 2 · Republic of Serbia
Schedule 33 · Republic of Serbia
Note: See sections 5 and 8.
AGREEMENT BETWEEN
AUSTRALIA
AND
THE REPUBLIC OF SERBIA
ON SOCIAL SECURITY
Australia and the Republic of Serbia (hereinafter “the Contracting Parties”),
Wishing to strengthen the existing friendly relations between the two countries,
and
Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Definitions
(1) In this Agreement, unless the context otherwise requires:
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, and includes any additional amount, increase or supplement that is payable in addition to that benefit, pension or allowance under the legislation of that Contracting Party, but for Australia, does not include any benefit, payment or entitlement under the law concerning the superannuation guarantee;
2. “Competent Authority” means, in relation to Australia, the Secretary to the Commonwealth Department responsible for the legislation specified in subparagraph 1 of paragraph 1 of Article 2, except in relation to the application of Part II of the Agreement (including other Parts of the Agreement as they affect the application of that Part) where it means the Commissioner of Taxation or an authorised representative of the Commissioner; and, in relation to the Republic of Serbia, the Ministry responsible for the application of the legislation specified in subparagraph 2 of paragraph 1 of Article 2;
3. “Competent Institution” means, in relation to Australia, the institution or agency which has the task of implementing the applicable legislation; and in relation to the Republic of Serbia, the Republic Fund for Pension and Disability Insurance;
4. “Government” in relation to paragraph 2 of Article 8 includes, for Australia, a political subdivision or local authority of Australia;
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 Part II of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the laws specified in subparagraph 1.2. of paragraph 1 of Article 2; and in relation to the Republic of Serbia, the laws, by-laws and statutes and other general acts, related to the legislation referred to in subparagraph 2 of paragraph 1 of Article 2;
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 of the Republic of Serbia; and
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 to Article 12 of this Agreement to be a period in which that person was an Australian resident.
(2) Any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the applicable legislation.
Article 2
Legislative Scope
(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 amends, supplements or replaces it:
1. in relation to Australia:
1.1 the Acts forming the social security law in so far as the law provides for, applies to or affects the age pension;
1.2 the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations 1993);
2. in relation to the Republic of Serbia, the legislation concerning pension and disability insurance.
(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 a third state.
(3) This Agreement shall apply to laws which extend the legislation of either Contracting Party to new categories of beneficiaries only if the Contracting Parties agree in writing.
Article 3
Personal Scope
This Agreement shall apply to any person who:
1. is or has been an Australian resident; or
2. is or has been subject to the legislation of Australia; or
3. is or has been subject to the legislation of the Republic of Serbia;
and to other persons in regard to the rights they derive from the person described above.
Article 4
Equality of Treatment
Unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and obligations regarding eligibility for and payment of benefits which arise whether directly under the legislation of that Contracting Party or by virtue of this Agreement.
Article 5
Export of Benefits
(1) Benefits payable by virtue of this Agreement shall also be paid in the territory of the other Contracting Party.
(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, shall be paid to a person outside Australia only for the period specified in the provisions of the Social Security Act 1991.
(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 lowest amount of the pension, if the established amount of pension is lower than the lowest amount of pension; cash compensation for body impairment, long term care, and funeral expenses.
PART II
PROVISIONS ON COVERAGE
Article 6
Purpose and Application
(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.
(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 the employee or remuneration paid for the work.
Article 7
Diplomats and Consular Relations
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 of 24 April 1963.
Article 8
Avoidance of Double Coverage
(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 employee shall in respect of the work and the remuneration paid for the work, be subject only to the legislation of that Contracting Party.
(2) If an employee:
1. is covered by the legislation of one Contracting Party; and
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 servant, to work in the territory of the second Contracting Party; and
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 public servant; and
4. is not working permanently in the territory of the second Contracting Party;
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 for that work.
(3) If an employee:
1. is covered by the legislation of one Contracting Party; and
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 work in the territory of the second Contracting Party; and
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
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 the work for which the employee was sent, for a period exceeding three years,
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 for that work.
(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 the same wholly or majority owned group.
(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 the employment and the remuneration paid for that employment be subject only to the legislation of the Contracting Party of which the employee is resident.
Article 9
Exceptions
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 this Agreement.
Article 10
Certificate on Coverage
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 Competent Institution of the Contracting Party shall issue, upon request of the employer, a certificate stating that the employee is subject to the legislation of that Contracting Party and indicating the duration for which the certificate shall be valid.
PART III
PROVISIONS FOR BENEFITS UNDER THE LEGISLATION OF AUSTRALIA
Article 11
Residence or Presence in the Republic of Serbia
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 resident and not in Australia on the date on which the claim for that benefit is lodged, but:
1. is an Australian resident or a resident of the Republic of Serbia; and
2. is in Australia or the Republic of Serbia,
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 Australian resident and in Australia on that date.
Article 12
Totalisation
(1) Where a person to whom this Agreement applies has claimed a benefit under Australian legislation and has accumulated:
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
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
3. a period of insurance under the legislation of the Republic of Serbia,
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 resident only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.
(2) For the purposes of paragraph 1 of this Article, where a person:
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 entitlement to a benefit; and
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 minimum period referred to in subparagraph 1 of this paragraph;
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.
(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 coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.
(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 at least six months must be continuous.
Article 13
Calculation of Benefits
(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 rate of that benefit shall be determined by:
1. calculating that person’s income according to the legislation of Australia, including any benefit payable under the legislation of the Republic of Serbia which that person or the partner of that person is entitled to receive;
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 amount calculated under subparagraph 1 of this paragraph; and
3. proportionalising the amount of benefit calculated under subparagraph 2 of this paragraph by multiplying that amount by the person’s period of Australian working life residence (up to a maximum of 540 months) over a denominator of 540 months (45 years).
(2) Paragraph 1 of this Article shall continue to apply for 26 weeks where a person comes temporarily to Australia.
(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 that benefit shall be determined by:
1. calculating the person’s income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the Republic of Serbia which that person or the partner of that person is entitled to receive; and
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 Australian benefit; and
3. applying to the remaining benefit obtained under subparagraph 2 of this paragraph the relevant rate calculation set out in the legislation of Australia, using as the person’s income the amount calculated under subparagraph 1 of this paragraph.
(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 subject to proportionality, where a person departs temporarily from Australia.
(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 Serbia each of them shall be deemed, for the purposes of this Article and of the legislation of Australia, to be in receipt of one half of either the amount of that benefit or the total of those benefits, as the case may be.
(6) For the purposes of paragraphs 1 and 2 of this Article, the Additional Child Amount shall be nil.
PART IV
PROVISIONS FOR BENEFITS UNDER THE LEGISLATION OF THE REPUBLIC OF SERBIA
Article 14
Totalisation
(1) Where a person to whom this Agreement applies has claimed a benefit under the legislation of the Republic of Serbia and has accumulated:
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 legislation of the Republic of Serbia; and
2. a period of Australian working life residence
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 for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of the Republic of Serbia.
(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 life residence coincide, the period of coincidence shall be taken into account once only by the Republic of Serbia as a period completed under the legislation of the Republic of Serbia.
(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 Article shall be 12 months.
Article 15
Calculation of Benefits
(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 the benefit shall be determined solely under the legislation of the Republic of Serbia.
(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 Serbia shall:
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 legislation had been completed solely under the legislation of the Republic of Serbia, and
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 the legislation of the Republic of Serbia and the total period accumulated under the legislation of the Republic of Serbia and Australian legislation.
PART V
MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
Article 16
Lodgement of Documents
(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 Contracting Party in accordance with the Administrative Arrangement made pursuant to Article 19 of this Agreement.
(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 shall be considered as the date of lodgement of that document with the Competent Institution of the other Contracting Party. The Competent Institution with which a claim, notice or appeal is lodged shall refer it without delay to the Competent Institution of the other Contracting Party.
(3) Any exemption from payment of fees relating to certificates and documents submitted to a Competent Authority or the Competent Institution of a Contracting Party shall be applicable to the certificates and documents which, for the purpose of enforcement of this Agreement, shall be submitted to a competent authority or competent institution of the other Contracting Party. The certificates and documents issued for the purpose of enforcement of this Agreement shall be exempt from authentication by the diplomatic and consular missions.
Article 17
Payment of Benefits
(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 the other Contracting Party in a convertible currency.
(2) If a Contracting Party imposes legal or administrative restrictions on the transfer of currency outside of its territory, that Contracting Party shall implement measures as soon as practicable to guarantee the rights to payment and delivery of benefits payable under the legislation of the Contracting Party or by virtue of this Agreement. The measures shall operate retrospectively to the time the restrictions were imposed.
(3) Both Contracting Parties shall pay benefits without deduction for government administrative fees and charges for processing.
Article 18
Exchange of Information and Mutual Assistance
(1) The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:
1. communicate to each other any information necessary for the application of this Agreement or for the purposes of their social security laws; and
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 benefit under this Agreement or under the legislation to which this Agreement applies as if the matter involved the application of their own legislation; and
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 their respective legislation insofar as these changes affect the application of this Agreement.
(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 Article 19 of this Agreement.
(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 undergo a medical examination, the Competent Institution of the other Contracting Party shall, upon the request of the Competent Institution of the first Contracting Party, undertake measures for conducting such examination. If the medical examination is conducted solely at the request of the Competent Institution of one Contracting Party, that Competent Institution shall reimburse the cost of the examination to the Competent Institution of the other Contracting Party. However, if the medical examination is required by both Competent Institutions, the costs shall not be reimbursed.
(4) Any information about an individual which is transmitted in accordance with this Agreement to a Competent Authority or a Competent Institution of a Contracting Party by a Competent Authority or a Competent Institution of the other Contracting Party is confidential and shall be used only for the purposes of implementing this Agreement and the legislation to which this Agreement applies unless otherwise provided for in their respective national laws.
(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 Contracting Party the obligation:
1. to carry out administrative measures at variance with the laws or the administrative practice of either Contracting Party; or
2. to supply information which is not ordinarily obtainable under the laws or in the normal administrative practice of either Contracting Party.
(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 the official languages of the Contracting Parties.
(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 written in the official language of the other Contracting Party.
(8) The Competent Institutions of the Contracting Parties shall supply to each other, according to an agreed schedule and format, relevant available information such as date of death, change of address, change of marital or relationship status and changes in the amount of benefits for beneficiaries.
Article 19
Administrative Arrangement
(1) The Competent Authorities of the Contracting Parties shall establish, by means of an Administrative Arrangement, the measures necessary for the implementation of this Agreement.
(2) The Competent Authorities shall appoint liaison bodies to facilitate the implementation of this Agreement.
Article 20
Exchange of Statistics
The Competent Authorities or Competent Institutions of the Contracting Parties shall exchange annual statistics on the payments granted to beneficiaries pursuant to this Agreement. These statistics shall include the number of beneficiaries and total amount of benefits paid and shall be furnished in an agreed format.
Article 21
Resolution of Disputes
The Competent Authorities of the Contracting Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.
Article 22
Review of Agreement
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 after that request was made. Unless the Contracting Parties otherwise arrange, their meeting shall be held in the territory of the Contracting Party to which that request was made.
PART VI
TRANSITIONAL AND FINAL PROVISIONS
Article 23
Transitional Provisions
(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.
(2) Unless otherwise provided in this Agreement, when determining entitlements to benefits under this Agreement, periods of residence in Australia, periods of Australian working life residence and periods of insurance in the Republic of Serbia completed before the entry into force of this Agreement shall be taken into account.
(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 contributions.
(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 date. For this purpose, the period of secondment is taken to start on the date of entry into force of this Agreement.
Article 24
Entry into Force
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 the diplomatic channel notifying each other that all matters as are necessary to give effect to this Agreement have been finalised.
Article 25
Duration and Termination
(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 either Contracting Party receives from the other a note through the diplomatic channel giving notice of termination of this Agreement.
(2) In the event of termination, this Agreement shall continue to have effect in relation to all persons who:
1. at the date on which termination takes effect, are in receipt of benefits; or
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
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 Article 8 of this Agreement, provided the employee continues to satisfy the criteria of that Article.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
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 authentic.
FOR AUSTRALIA FOR THE REPUBLIC OF SERBIA
Daniel Emery Nikola Selakovic
Australian Ambassador to Serbia Serbian Minister of Labour, Employment, Veteran and Social Affairs
Schedule 3 · New Zealand
Social Security (International Agreements) Act 1999#
1 At the end of Schedule 3
Add:
PART C
INTERPRETATIVE DECLARATION AND EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT AFFECTING THE OPERATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND, DONE AT WELLINGTON ON 8 DECEMBER 2016
Interpretative declaration
WHEREAS the Minister for International Development and the Pacific of the Government of Australia has approved the making of an Interpretative Declaration (‘Declaration’) in relation to the Agreement on Social Security between the Government of Australia and the Government of New Zealand (‘the Agreement’) done at Wellington on 8 December 2016;
NOW THEREFORE THESE PRESENT CERTIFY that Australia’s Declaration is as follows:
The purpose of this Declaration is to clarify Australia’s interpretation of Article 5(1) of the Agreement.
The Agreement is relevantly intended to enable New Zealand citizens who are lawfully residing in Australia on a special category visa to:
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 Security Act 1991 (the Act) to include a person who is an “Australian resident” under Article 5(1) of the Agreement.
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 in the Act, for example:
IN WITNESS WHEREOF, I, Pat Conroy, have hereunto set my hand and affixed my seal.
DONE at Belmont, this 19th day of March, Two Thousand and Twenty-Five.
Minister for International Development and the Pacific
Australia initiating note
Note No.25/14
The Australian High Commission presents its compliments to the Ministry of Foreign
Affairs and Trade and has the honour to convey to the Government of New Zealand the
enclosed Interpretative Declaration dated 19 March 2025 regarding the interpretation of
the Agreement on Social Security between the Government of Australia and the
Government of New Zealand, done at Wellington on 8 December 2016 (the
Agreement).
The Department of Social Services, as the lead agency with responsibility for the Agreement and Interpretative Declaration on behalf of the Australian Government, has been consulting with New Zealand’s Ministry of Social Development on this matter.
In line with Australia’s longstanding interpretation of Article 5(1) of the Agreement,
Australia considers that New Zealand citizens living in Australia on a Special Category
Visa (SCV) can rely on the terms of the Agreement to satisfy the residence
requirements in Australia’s domestic legislation to qualify for the Australian Age
Pension, Disability Support Pension and Carer Payment in certain circumstances.
Australia also considers that the Agreement enables a person caring for an SCV holder
to qualify for the Carer Payment and a widow whose deceased partner was an SCV
holder to qualify for the Age Pension.
On that understanding, on 19 March 2025, the Australian Government made an
Interpretative Declaration to clarify Australia’s interpretation of Article 5(1) of the
Agreement.
The Interpretative Declaration is a unilateral document and does not purport to modify
either Party’s obligations under the Agreement. It only acts to clarify Australia’s
understanding of our existing obligations under the Agreement, consistent with
longstanding Australian policy and practice.
Should the New Zealand Government approve of Australia’s Interpretative Declaration
we would be grateful confirmation via diplomatic note that the attached Interpretative
Declaration will be considered by New Zealand as an authoritative interpretation of
Article 5(1) of the Agreement.
Should your officials have any queries or wish to discuss, the relevant point of contact
for this matter at the Department of Social Services is Residency
and International Payments, internationalpolicy@dss.gov.au
The Australian High Commission avails itself of this opportunity to renew to the
Ministry of Foreign Affairs and Trade the assurances of its highest consideration.
Wellington
16 April 2025
Encl. Interpretative Declaration.
New Zealand note in reply
NOTE NO: NZHC/2025/036
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 High Commission to New Zealand’s Note No. 25/16, dated 16 April 2025, and the enclosed Interpretative Declaration from Australia’s Minister for International Development and the Pacific, Pat Conroy, dated 19 March 2025, regarding the Agreement on Social Security between the Government of Australia and the Government of New Zealand, done at Wellington on 8 December 2016 (the Agreement).
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 entirety and considers it as an authoritative interpretation of Article 5(1) of the Agreement.
The New Zealand High Commission takes this opportunity to renew to the Australian Department of Foreign Affairs and Trade the assurances of its highest consideration.
New Zealand High Commission
CANBERRA
16 September 2025
Enc
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.