EXPLANATORY STATEMENT
Issued by the authority of the Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform
Subject: Social Security (International Agreements) Act 1999
Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 3)
Commencement (Agreement between Australia and the Republic of Hungary on Social Security) Instrument 2012
Paragraph 2(1)(b) of the Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 3) (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 2012.
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 Republic of Hungary on Social Security (the Agreement) done at Gödöllő on 7 June 2011 as new Schedule 29 to the Act.
The Agreement provides, in accordance with the requirements of Article 30, for entry 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 treaty and legislative requirements as are necessary to give effect to the Agreement have been satisfied. The notification was completed on 19 July 2012.
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 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 1 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 address the need for Australia to enter into social security agreements with other countries, ensuring that Australians and eligible international visitors receive appropriate social security benefits while abroad or upon return. The Act provides a legal framework for the implementation of these agreements, streamlining the process of establishing and enforcing social security arrangements with other nations. The Parliament of Australia enacted this legislation to facilitate international cooperation in social security matters, thereby promoting the welfare of Australians and international visitors alike. The Act's policy objective is to provide a structured and efficient means of negotiating and enacting social security agreements, ensuring that benefits are appropriately managed across borders.
The 2011 Amendment Regulations to the Social Security (International Agreements) Act, specifically the Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 3) (Commencement (Agreement between Australia and the Republic of Hungary on Social Security) Instrument 2012), introduced the Agreement between Australia and the Republic of Hungary on Social Security as Schedule 29 to the Act. These regulations were designed to commence the Agreement on 1 October 2012, aligning with the requirements of the Agreement and ensuring that the legislative changes do not conflict with the disallowance and sunsetting provisions of the Legislative Instruments Act 2003. This legislative update was deemed necessary to incorporate the new agreement into Australian law, facilitating smoother social security exchanges between the two countries.
Scope and Application
The Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 3) are concerned with the formal incorporation of the Agreement between Australia and the Republic of Hungary on Social Security into Australian legislation. This Act applies to individuals who are subject to the social security provisions outlined in the Agreement, as well as any relevant entities and industries that fall under the scope of social security laws. The geographic reach of the Act is national, as it pertains to the social security arrangements between Australia and Hungary. The Amendment Regulations ensure that the Agreement, which was finalised on 1 October 2012, does not come into effect until all necessary treaty and legislative requirements are satisfied by both Contracting Parties. The Agreement is inserted as new Schedule 29 to the Act. The regulations also include provisions that protect the legislative instrument from disallowance and sunsetting, recognising its similarity to a commencement Proclamation. The process of implementing this Agreement into Australian law adheres to the requirements of the Legislative Instruments Act 2003, ensuring a comprehensive and legally sound integration of international social security arrangements.
Key Provisions
The key operative sections of the Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 3) establish the commencement date for the Agreement between Australia and the Republic of Hungary on Social Security. Specifically, section 2(1)(b) mandates that the Agreement, which was finalized on 7 June 2011, is to commence on a date determined by legislative instrument issued by the Minister. The date set for commencement is 1 October 2012. The Amendment Regulations, through Schedule 1, insert the Agreement as Schedule 29 into the Act. This inclusion is crucial as it ensures the legal framework for the Agreement is established within the Act.
The Amendment Regulations impose obligations on the parties involved by ensuring that all necessary treaty and legislative requirements are met before the Agreement can come into force. According to the Agreement, it will enter into force on the first day of the third month following the exchange of diplomatic notes between the Contracting Parties, which in this case was completed on 19 July 2012. Additionally, the Regulations ensure that the legislative instrument is exempt from disallowance and sunsetting under the Legislative Instruments Act 2003, as per sections 2(2)(a) and 2(2)(b) of the Amendment Regulations. These provisions maintain the integrity and continuity of the legislative framework governing the Agreement.
The legislation also outlines the consequences for breaches of the Agreement. While the specific offences and penalties are not detailed in the explanatory statement, the inclusion of the Agreement in the Act likely implies that any violations of the Agreement may result in civil or criminal consequences as stipulated under Australian law. The precise penalties would depend on the nature and severity of the breach, but they could potentially include fines or other legal actions as determined by the relevant authorities. The incorporation of the Agreement into the Act, through the Amendment Regulations, reinforces the legal standing and enforceability of the Agreement in Australia.