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) Amendment Regulation 2012 (No. 1)
Commencement (Agreement between Australia and the Republic of Latvia on Social Security) Instrument 2012
Paragraph 2(1)(b) of the Social Security (International Agreements) Amendment Regulation 2012 (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 January 2013.
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 Latvia on Social Security (the Agreement) done at Riga on 7 September 2011 as new Schedule 30 to the Act.
The Agreement provides, in accordance with the requirements of Article 22, for entry into force on the first day of the second month following the month in which the last written notification is exchanged by the Parties through the diplomatic channel notifying each other that all matters as are necessary to give effect to the Agreement have been finalised. The notification was completed on 13 November 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.