EXPLANATORY STATEMENT
Issued by the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs
Subject: Social Security (International Agreements) Act 1999
Social Security (International Agreements) Act 1999 Amendment Regulations 2009 (No. 1)
Commencement (Agreement between Australia and Chile on Social Security) Instrument 2009
Paragraph 2(1)(b) of the Social Security (International Agreements) Act 1999 Amendment Regulations 2009 (No. 1) (the Amendment Regulations) provides for Schedule 1 to the Amendment Regulations to commence on a day fixed by legislative instrument made by the Minister. That day is 1 October 2009.
The Amendment Regulations amend the Social Security (International Agreements) Act 1999 (the Act) by inserting an amendment to paragraph 1 of Article 17 of the Agreement on Social Security between the Government of Australia and the Government of the Republic of Chile (the Agreement) which was done at Canberra on 25 March 2003 within Schedule 15 to the Act. The Agreement entered into force on 1 July 2004.
The amendment to paragraph 1 of Article 17 of the Agreement was done by exchange of diplomatic notes that was completed on 9 December 2008 at Canberra. Schedule 15 is amended to comprise two Parts as follows:
- Part A – the Agreement with Chile
- Part B – the amendment to paragraph 1 of Article 17 of the Agreement with Chile.
The existing Agreement between Australia and Chile was not affected and will continue to help people to get pensions from both countries.
The exchange of diplomatic notes between Australia and Chile provided for entry into force on the first day of the second month following the month of receipt of the last written notice from the Contracting Parties stating that all requirements for entry into force of this amendment have been complied with. The exchange of notes was completed on 24 August 2009.
Paragraph 2(2)(a) of the Amendment Regulations provides that the legislative instrument made for the purposes of commencing Schedule 1 is prescribed for the table in subsection 44(2) of the Legislative Instruments Act 2003 (the LIA), so that it is not subject to disallowance.
In addition, paragraph 2(2)(b) of the Amendment Regulations provides that the legislative instrument made for the purposes of commencing Schedule 1 is prescribed for the table in subsection 54(2) of the LIA, so that it is not subject to sunsetting.
These exemptions are appropriate given that the legislative instrument is similar in effect to a commencement Proclamation, which is exempt from disallowance and sunsetting under the LIA.
The commencement provision also satisfies the requirement in subsection 7(2) of the Act that regulations not come into operation on a day earlier than the day the relevant agreement comes into effect for Australia, and also satisfies paragraph 12(1)(c) of the LIA.
The legislative instrument specifying the commencement of the Agreement also ensures that the Federal Register of Legislative Instruments contains a complete record in relation to the commencement of the Amendment Regulations.
Consultation was unnecessary for this legislative instrument as this instrument is of a minor or machinery nature and does not substantially alter existing arrangements. It has no direct, or indirect effect on business.