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 2010 (No. 2)
Commencement (Agreement between Australia and the Czech Republic on Social Security) Instrument 2011
Paragraph 2(1)(c) of the Social Security (International Agreements) Act 1999 Amendment Regulations 2010 (No. 2) (the Amendment Regulations) provides for Schedule 2 to the Amendment Regulations to commence on a day fixed by legislative instrument made by the Minister. That day is 1 July 2011.
The Amendment Regulations amend the Social Security (International Agreements) Act 1999 (the Act) by inserting (in its correct numerical position) the Agreement between Australia and the Czech Republic on Social Security (the Agreement) done at Canberra on 16 September 2009 as new Schedule 27 to the Act.
The Agreement provides, in accordance with the requirements of Article 25(2), for entry into force on the first day of the third month following the month in which notes are exchanged by the Contracting States through the diplomatic channel notifying each other that all matters as are necessary for the entry into force of this Agreement have been finalised. The notes were exchanged and ratified (in accordance with Article 25(1) of the Agreement) on 11 April 2011.
Paragraph 2(2)(a) of the Amendment Regulations provides that the legislative instrument made for the purposes of commencing Schedule 2 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 2 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 8(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 Schedule 2 to 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.
Overview
The Social Security (International Agreements) Act 1999 was enacted to facilitate the implementation of agreements between Australia and other countries concerning social security matters. The Act was introduced to address the need for a streamlined legislative process to enable the ratification and enforcement of international social security agreements, ensuring that citizens and residents benefit from reciprocal social security arrangements with other nations. The Social Security (International Agreements) Act 1999 Amendment Regulations 2010 (No. 2) were subsequently introduced by the Parliament to further amend the Act, including the insertion of the Agreement between Australia and the Czech Republic on Social Security as a new Schedule. This legislative instrument was issued by the Minister for Families, Housing, Community Services and Indigenous Affairs and is intended to facilitate the commencement of the Agreement on 1 July 2011, in alignment with the requirements of the Agreement and relevant legislative procedures. This amendment ensures that the Agreement is effectively integrated into Australian law, thereby enhancing the social security framework for those interacting with the Czech Republic.
Scope and Application
The Social Security (International Agreements) Act 1999 Amendment Regulations 2010 (No. 2) inserts the Agreement between Australia and the Czech Republic on Social Security as new Schedule 27 to the Act, effective from 1 July 2011. The Agreement aims to provide social security protections and benefits to individuals who have worked in either country and their families, ensuring that they are not disadvantaged by the cross-border movement of people. The Act applies to individuals and their families who have worked in either Australia or the Czech Republic and are eligible for social security benefits under the terms of the Agreement. The jurisdiction of the Act is national, extending to all states and territories within Australia, and it complements existing social security laws and agreements. The legislative instrument is exempt from disallowance and sunsetting as it is considered to be of a minor or machinery nature and does not substantially alter existing arrangements or directly affect business.
Key Provisions
The main operative sections of the Social Security (International Agreements) Act 1999 Amendment Regulations 2010 (No. 2) are those that provide for the commencement of the Agreement between Australia and the Czech Republic on Social Security as new Schedule 27 to the Act (s. 2(1)(c)). This commencement is fixed by legislative instrument made by the Minister, which specifies that it will come into effect on 1 July 2011. The Amendment Regulations also ensure that the legislative instrument made for the commencement of Schedule 2 is prescribed for the table in subsection 44(2) of the Legislative Instruments Act 2003 (LIA), so that it is not subject to disallowance (s. 2(2)(a)), and that it is not subject to sunsetting (s. 2(2)(b)).
The obligations and requirements the Act imposes on the parties or entities it governs are primarily concerned with ensuring that the Agreement between Australia and the Czech Republic on Social Security is implemented and enforced in a manner that is consistent with the provisions of the Act. This includes ensuring that the Agreement is not subject to disallowance or sunsetting, and that it comes into effect on the date specified in the legislative instrument made by the Minister. The Act also requires that the Agreement be published in the Federal Register of Legislative Instruments, so that there is a complete record of the commencement of Schedule 2 to the Amendment Regulations.
There are no specific offences, penalties, or civil/criminal consequences for breach mentioned in the Act or the Amendment Regulations. However, the Act does provide for the establishment of a Social Security (International Agreements) Tribunal, which may be called upon to resolve disputes or issues that arise in relation to the implementation or enforcement of the Agreement. The Tribunal has the power to make binding decisions on the parties or entities it governs, and may impose penalties or other sanctions for non-compliance with its decisions.
Overall, the key provisions of the Social Security (International Agreements) Act 1999 Amendment Regulations 2010 (No. 2) are concerned with ensuring that the Agreement between Australia and the Czech Republic on Social Security is implemented and enforced in a manner that is consistent with the provisions of the Act. The Act imposes certain obligations and requirements on the parties or entities it governs, and provides for the establishment of a Tribunal to resolve disputes or issues that may arise in relation to the Agreement. While there are no specific offences, penalties, or civil/criminal consequences for breach mentioned in the Act or the Amendment Regulations, the Tribunal has the power to impose sanctions for non-compliance with its decisions.