Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No 1)

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Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 1) 2001 No. 215

EXPLANATORY STATEMENT

Statutory Rules 2001 No. 215

Issued by the Authority of the Minister for Family and Community Services

Social Security (International Agreements) Act 1999

Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 1)

Subsection 7(1) of the Social Security (International Agreements) Act 1999 (the Act) provides that a Schedule to the Act that sets out the text of an agreement between Australia and another country, if the agreement relates to reciprocity in social security matters, may be amended by regulations.

Subsection 8(1) of the Act provides that a Schedule setting out the terms of an agreement between Australia and another country, if the agreement relates to reciprocity in social security matters, may be added by regulations.

Section 25 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The purpose of the Amendment Regulations is to:

•       replace the existing Schedule 4 (the Agreement on Social Security between Australia and Canada done at Canberra on 4 July 1988) of the Act with a new Schedule 4 (the Agreement on Social Security between Australia and Canada done at Ottawa on 26 July 2001) (Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 1));

•       replace the existing Schedule 7 (the Agreement on Social Security between Australia and the Kingdom of The Netherlands done at The Hague on 4 January 199 1) of the Act with a new Schedule 7 (the Agreement on Social Security between Australia and the Kingdom of The Netherlands done at The Hague on 2 July 2001) (Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 1)); and

•       amend the existing Schedule 10 (the Agreement on Social Security between Australia and the Republic of Austria done at Canberra on 1 April 1992) by adding the Protocol done at Vienna on 26 June 2001 as Part B to Schedule 10 and specifying that the text of the Agreement is Part A.

The Agreement on Social Security between Australia and Canada, the Agreement on Social Security between Australia and the Kingdom of The Netherlands and the amended Agreement on Social Security between Australia and the Republic of Austria coordinate the social security schemes of the countries to give better welfare protection for people who move between Australia and Canada, between Australia and The Netherlands and between Australia and Austria respectively.

Significant changes have occurred in the social security systems of Australia, Canada, The Netherlands and Austria since the original Agreements were signed. The revised Agreements update the bilateral arrangements between the countries to provide for these changes. The Agreement with The Netherlands also includes provisions modifying Australia's Superannuation Guarantee arrangements to avoid double coverage of Dutch employees seconded to work temporarily in Australia. Reciprocal exemptions are provided for Australian workers sent temporarily to The Netherlands

The Agreement on Social Security between Australia and Canada was signed on 26 July 2001 by Ms Frances Lisson, Australia's Acting High Commissioner to Canada and Mr Paul Migus, Assistant Deputy Minister for Human Resources Development.

Article 22 of the Agreement on Social Security between Australia and Canada provides for the entry into force of the Agreement. The Agreement will enter into force on a date specified in an exchange of notes between Australia and Canada through the diplomatic channel notifying each other that all constitutional and legislative matters as are necessary to give effect to the Agreement have been finalised. The Regulations specify that the commencement date is 1 January 2002. This will enable the Regulations to be tabled in both Houses of the Parliament and for the period of disallowance of the Regulations to pass before the exchange of notes takes place. The exchange of notes must be completed by or on 31 December 2001.

The Agreement on Social Security between Australia and the Kingdom of The Netherlands was signed on 2 July 2001 by His Excellency Mr Peter Hussin, Australia's Ambassador to the Netherlands and Mr J F Hoogervorst, State Secretary for Social Affairs and Employment.

Article 29 of the Agreement on Social Security between Australia and the Kingdom of The Netherlands provides for the entry into force and termination of the Agreement. The Agreement will enter into force on the first day of the third month following the date of the last notification between Australia and the Kingdom of The Netherlands through the diplomatic channel notifying each other that all constitutional and legislative matters as are necessary to give effect to the Agreement have been finalised. The Regulations specify that the commencement date is 1 January 2002. This will enable the Regulations to be tabled in both Houses of the Parliament and for the period of disallowance of the Regulations to pass before the date of the last notification takes place. The last notification must be completed by or on 31 October 2001.

The Protocol to the Agreement on Social Security between Australia and the Republic of Austria was signed on 26 June 2001 by His Excellency Mr Max Hughes, Australia's Ambassador to Austria and Dr C Prosl, Head of Legal Section, Ministry of Foreign Affairs.

Article III, paragraph 1 of the Protocol to the Agreement between Australia and the Republic of Austria on Social Security provides for the entry into force of the Protocol. The Protocol will enter into force on the first day of the third month following the date of the last notification between Australia and the Republic of Austria through the diplomatic channel notifying each other that all constitutional and legislative matters as are necessary to give effect to the Agreement have been finalised. The Regulations specify that the commencement date is 1 January 2002. This will enable the Regulations to be tabled in both Houses of the Parliament and for the period of disallowance of the Regulations to pass before commencement. The exchange of notes must be completed by or on 31 October 2001.

Overview

The Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 1) were introduced by the Australian Parliament to update and enhance the social security arrangements between Australia and Canada, the Kingdom of the Netherlands, and the Republic of Austria. This legislative instrument, authorised by the Minister for Family and Community Services, aims to modernise the existing social security agreements by reflecting the significant changes in the social security systems of these countries since the original agreements were signed. The primary objective is to ensure that individuals moving between these nations receive consistent and updated welfare protection. The Regulations replace outdated schedules with new ones that better align with current social security practices and requirements, facilitating smoother transitions for people working or residing across these borders.

Scope and Application

The Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 1) pertain to the revision and update of existing social security agreements between Australia and Canada, The Netherlands, and Austria. These regulations amend the existing schedules of the Social Security (International Agreements) Act 1999 to reflect changes in the social security systems of the respective countries. The amendments include replacing the existing agreement between Australia and Canada with a new agreement, replacing the agreement between Australia and The Netherlands, and amending the agreement between Australia and Austria by adding a new protocol. The purpose of these amendments is to coordinate the social security schemes and provide better welfare protection for individuals who move between Australia and these countries. The regulations are made under the authority of the Minister for Family and Community Services and will come into effect on 1 January 2002, following the completion of necessary constitutional and legislative formalities by the signatory countries.

Key Provisions

The main operative sections of the Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 1) are those that replace or amend existing schedules pertaining to international agreements on social security between Australia and Canada, the Kingdom of The Netherlands, and the Republic of Austria (sections 2 and 3). These sections establish the new schedules and their effective dates, updating the previous agreements to reflect changes in the social security systems of the involved countries. Specifically, section 2 replaces Schedule 4 (the Agreement on Social Security between Australia and Canada) and Schedule 7 (the Agreement on Social Security between Australia and the Kingdom of The Netherlands) with new agreements signed on 26 July 2001 and 2 July 2001, respectively. Section 3 amends Schedule 10 by adding a new Protocol to the Agreement on Social Security between Australia and the Republic of Austria, signed on 26 June 2001. The obligations and requirements imposed by these regulations on the relevant parties include the need to ensure that all constitutional and legislative matters necessary to give effect to the new agreements are finalised before the specified commencement date of 1 January 2002. For the Agreement between Australia and Canada, this involves an exchange of notes through diplomatic channels notifying each other that the necessary internal processes have been completed (section 2). Similarly, for the Agreement with the Kingdom of The Netherlands and the Protocol with the Republic of Austria, the regulations require final notifications through diplomatic channels to confirm that all necessary internal processes have been completed by 31 October 2001 (sections 2 and 3). These obligations ensure that the new agreements can come into force as planned, providing updated and coordinated social security protections for people moving between the countries. Failure to comply with the obligations and requirements outlined in the regulations could result in significant legal and administrative consequences. While the regulations themselves do not explicitly detail specific offences, penalties, or consequences for breach, non-compliance with the terms of the agreements could lead to disputes or challenges in the enforcement of social security rights between the countries involved. Such breaches might result in legal actions under the relevant national laws or international dispute mechanisms, potentially affecting the individuals relying on these agreements for social security benefits. The seriousness of the consequences would depend on the specific nature of the breach and its impact on the affected parties.

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Social Security Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.