Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 2) 2001 No. 245
EXPLANATORY STATEMENT
Statutory Rules 2001 No. 245
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. 2)
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 9 (the Agreement on Social Security between Australia and the Republic of Portugal done at Lisbon on 30 April 1991) of the Act with a new Schedule 9 (the Agreement on Social Security between Australia and the Republic of Portugal done at Lisbon on 3 September 2001) (Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 2));
The Agreement on Social Security between Australia and the Republic of Portugal coordinates the social security schemes of the countries to give better welfare protection for people who move between Australia and Portugal.
Significant changes have occurred in the social security systems of Australia and the Republic of Portugal since the original Agreement was signed. The revised Agreement updates the bilateral arrangements between the countries to provide for these changes. The Agreement with Portugal also includes provisions modifying Australia's Superannuation Guarantee arrangements to avoid double coverage of Portuguese employees seconded to work temporarily in Australia. Reciprocal exemptions are provided for Australian workers sent temporarily to Portugal.
The Agreement on Social Security between Australia and the Republic of Portugal was signed on 3 September 2001 by Ms Janet Gardiner, Australia's Ambassador to Portugal and Mr Jose Simoes de Almeida, Secretary of State for Solidarity and Social Security.
Article 32 of the Agreement on Social Security between Australia and the Republic of Portugal provides for the entry into force of the Agreement. The Agreement will enter into force on the first day of the second month following an exchange of notes between Australia and the Republic of Portugal 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 30 November 2001.
Overview
The Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 2) were introduced to update the terms of the Agreement on Social Security between Australia and the Republic of Portugal, originally signed in 1991, in light of significant changes in the social security systems of both countries. The Act, enacted by the Parliament of Australia, aims to ensure that individuals who move between Australia and Portugal receive appropriate welfare protection. The regulations, issued under the authority of the Minister for Family and Community Services, replace the outdated agreement with a new one signed on 3 September 2001, which includes provisions to avoid double coverage of superannuation for Portuguese employees temporarily working in Australia and reciprocal exemptions for Australian workers sent to Portugal. This legislative amendment seeks to address the evolving needs of citizens moving between the two countries by modernising the bilateral arrangements in social security.
Scope and Application
The Social Security (International Agreements) Act 1999 Amendment Regulations 2001 (No. 2) pertains to the amendment of the Social Security (International Agreements) Act 1999, specifically updating the Agreement on Social Security between Australia and the Republic of Portugal. The Regulations apply to individuals and entities within Australia and Portugal who are subject to social security schemes, ensuring that those moving between the two countries receive appropriate welfare protections. This includes Australian and Portuguese workers who are temporarily seconded to the other country, and their employers. The regulations extend nationally within Australia, and their application is contingent upon the exchange of diplomatic notes between Australia and Portugal, with an effective date of 1 January 2002. The regulations do not specify exclusions or exemptions, but the scope is limited to the terms outlined in the revised Agreement on Social Security. The regulations provide a framework for subordinate instruments that may further define or extend the application of the Agreement.
Key Provisions
The main operative sections of these Amendment Regulations (section 3) involve replacing the existing Schedule 9 of the Act, which pertains to the Agreement on Social Security between Australia and the Republic of Portugal, with a new Schedule 9 that reflects the updated agreement signed on 3 September 2001. This change is intended to adapt to significant changes in both countries' social security systems since the original agreement was signed. The new Schedule 9 provides updated bilateral arrangements to offer improved welfare protection for people moving between Australia and Portugal. Additionally, the new agreement includes modifications to Australia's Superannuation Guarantee arrangements to avoid double coverage of Portuguese employees temporarily working in Australia and reciprocal exemptions for Australian workers sent temporarily to Portugal.
The obligations and requirements imposed by these regulations on the parties or entities they govern primarily revolve around the implementation and enforcement of the new Agreement on Social Security. Both Australia and Portugal are required to complete all necessary constitutional and legislative processes to give effect to the Agreement. This includes ensuring that the Agreement is incorporated into their respective domestic laws and administrative practices. The Agreement's entry into force, as stipulated in Article 32, is contingent upon the exchange of diplomatic notes between the two countries, confirming the finalisation of all necessary internal procedures. The Regulations specify that this exchange must occur by or on 30 November 2001, with the Agreement entering into force on 1 January 2002.
The regulations also establish the penalties and consequences for breach, although the specific legal text does not detail these extensively. Typically, under Australian law, breaches of such international agreements can lead to both civil and criminal consequences. Civil penalties might include fines or compensation for affected parties, while criminal penalties could involve imprisonment or substantial fines, depending on the severity and intent behind the breach. These penalties aim to ensure compliance with the terms of the Agreement and uphold the integrity of the social security systems in both countries. The exact penalties would be in line with the broader legal frameworks governing social security and international agreements in Australia.