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 2011 (No. 1)
Commencement (Second Protocol to the Agreement between Australia and the Republic of Austria on Social Security) Instrument 2011
Paragraph 2(1)(b) of the Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (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 2012.
The Amendment Regulations amend Schedule 10 of the Social Security (International Agreements) Act 1999 (the Act), relating to the existing Agreement between Australia and the Republic of Austria on Social Security (the Agreement) which entered into force on 1 December 1992, by inserting the Second Protocol to the Agreement (the Second Protocol) as new Part C of Schedule 10 to the Act immediately after Part B.
The Second Protocol provides, in accordance with the requirements of paragraph 1 of Article IV, for entry into force on the first day of the third month following the month in which the last of the notes are exchanged by the Parties through the diplomatic channel notifying each other that all matters as are necessary to give effect to the Second Protocol have been finalised. The notification was completed on 17 October 2011.
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 the regulations when made must not come into operation on a day earlier than the day on which the amending agreement comes into force 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 facilitate the implementation and enforcement of international social security agreements, addressing the need for streamlined and consistent processes in handling social security matters that cross national boundaries. The Act was introduced by the Australian Parliament to ensure that Australians and foreign nationals are not disadvantaged when accessing social security benefits due to their international movements. The policy objective of the Act is to provide a legal framework that supports the international coordination of social security benefits, thereby enhancing the social security safety net for Australians and reciprocal arrangements with other countries.
The 2011 Amendment Regulations, specifically the Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 1), were introduced to incorporate the Second Protocol to the Agreement between Australia and the Republic of Austria on Social Security into Australian law. These Regulations, issued under the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs, aim to ensure that the legislative framework is updated to reflect changes in international agreements, thus maintaining the efficacy and relevance of the social security provisions between the two countries. The Regulations were designed to be exempt from disallowance and sunsetting provisions under the Legislative Instruments Act 2003, reflecting their minor nature and alignment with existing legislative machinery.
Scope and Application
The Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 1) pertain to the amendment of the Social Security (International Agreements) Act 1999, which deals with social security arrangements between Australia and other countries, including the Republic of Austria. The amendment involves the addition of the Second Protocol to the Agreement on Social Security between Australia and the Republic of Austria, which will come into effect on the first day of the third month following the exchange of diplomatic notes between the parties, signifying the completion of necessary formalities. This legislative amendment applies to entities and individuals involved in social security transactions between Australia and Austria, and it has a national jurisdictional reach. There are no stated exclusions or exemptions in the text, and the legislative instrument specifying the commencement of the Agreement ensures a complete record in relation to the commencement of Schedule 1 to the Amendment Regulations, exempt from disallowance and sunsetting under the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the Social Security (International Agreements) Act 1999 Amendment Regulations 2011 (No. 1) include the insertion of the Second Protocol to the Agreement between Australia and the Republic of Austria on Social Security as new Part C of Schedule 10 to the Act (Section 1). This protocol is set to commence on a date determined by the Minister, which has been fixed as 1 January 2012 (Section 2(1)(b)). This amendment is designed to update the existing social security agreement between the two countries to reflect any changes or additions agreed upon through diplomatic channels.
The obligations and requirements imposed by these regulations include ensuring that the Second Protocol is integrated into the existing framework of the Social Security Act and that it adheres to the timing stipulations for entry into force as outlined in the Agreement. Specifically, the Protocol is to take effect on the first day of the third month following the exchange of diplomatic notes confirming that all necessary domestic procedures have been completed by both parties (Section 1). Additionally, the regulations specify that the legislative instrument for the commencement of Schedule 1 is exempt from disallowance and sunsetting provisions under the Legislative Instruments Act 2003 (Section 2(2)(a) and (b)), ensuring that the new provisions are not subject to these legislative checks.
In terms of consequences for breach, the regulations do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance. However, the nature of the amendments suggests that any failure to properly implement the Second Protocol could result in legal and administrative repercussions under the broader framework of the Social Security Act 1999. Given the international agreement aspect, non-compliance could potentially lead to diplomatic tensions or disputes between Australia and Austria, although such specifics are not outlined in the text provided.