Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999 AMENDMENT REGULATIONS 2002 (NO. 3) 2002 NO. 33

Statutory Rules 2002 No. 33

Issued by the Authority of the Minister for Family and Community Services

Social Security (International Agreements) Act 1999

Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 3)

Subsection 8(1) of the Social Security (International Agreements) Act 1999 (the Act) provides that the regulations may add a Schedule setting out the terms of an agreement between Australia and another country, if the agreement relates to reciprocity in social security matters.

Section 25 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The purpose of the Amendment Regulations is to:

•       add the Agreement on Social Security between Australia and the United States of America at new Schedule 13 to the Act (the Agreement on Social Security between Australia and the United States of America done at Canberra on 27 September 2001) (Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No.3)); and

•       add the Agreement on Social Security between Australia and the Federal Republic of Germany at new Schedule 14 to the Act (the Agreement on Social Security between Australia and the Federal Republic of Germany done at Canberra on 13 December 2000) (Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 3)).

The Agreement on Social Security between Australia and the United States of America and the Agreement on Social Security between Australia and the Federal Republic of Germany coordinate the social security schemes of the countries to give better welfare protection for people who move between Australia and the United States of America and between Australia and Germany respectively.

The Agreements will enable people with contribution records in the United States of America or Germany, now living in Australia, to claim and qualify for part pensions from the United States of America or Germany or, for those Australian residents who are not German citizens, to receive an increase in their existing German pension. Similarly, many former Australian residents living in the United States of America or Germany will be able to claim and qualify for a part Australian pension. The Agreement with the United States of America also includes provisions modifying Australia's Superannuation Guarantee arrangements to avoid double coverage of US employees, seconded to work temporarily in Australia. Reciprocal exemptions are provided for Australian workers sent temporarily to the United States of America.

The Agreement on Social Security between Australia and the United States of America was signed on 27 September 2001 by Senator Amanda Vanstone, Minister for Family and Community Services and His Excellency Mr J. Thomas Schieffer, the American Ambassador.

Article 24 of the Agreement on Social Security between Australia and the United States of America provides for the entry into force of the Agreement. The Agreement will enter into force on the first day of the third month following the date of the last notification between Australia and the United States of America through the diplomatic channel notifying each other that all constitutional and legislative matters as are necessary to give effect to the Agreement have been finalised. The Regulations specify that the commencement date is 1 October 2002. This will enable the Regulations to be tabled in both Houses of the Parliament and for the period of disallowance of the Regulations to pass before the last notification takes place. The last notification must be completed by or on 31 July 2002.

The Agreement on Social Security between Australia and Germany was signed on 13 December 2000 by Senator Jocelyn Newman, the then Minister for Family and Community Services and His Excellency Dr Horst Bächmann, the German Ambassador and Mr Walter Riester, the German Minister for Labour and Social Affairs.

Article 21 of the Agreement on Social Security between Australia and Germany provides for the entry into force of the Agreement. The Agreement will enter into force on the first day of the second month following the month in which instruments of ratification between Australia and Germany are exchanged. The Regulations specify that the commencement date is 1 October 2002. This will enable the Regulations to be tabled in both Houses of the Parliament and for the period of disallowance of the Regulations to pass before the instruments of ratification are exchanged. The instruments of ratification must be exchanged by or on 31 August 2002.