Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 1) 2002 No. 31
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 31
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 2002 (No. 1)
Subsection 7(1) of the Social Security (International Agreements) Act 1999 (the Act) provides that the regulations may amend 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.
Subsection 8(1) of the Act provides that the regulations may add a Schedule setting out the terms of an agreement between Australia and another country, if the agreement relates to reciprocity in social security matters.
Section 25 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
The purpose of the Regulations is to:
• replace the existing Schedule 3 (the Agreement on Social Security between Australia and New Zealand done at Wellington on 19 July 1994) of the Act with a new Schedule 3 (the Agreement on Social Security between Australia and New Zealand done at Canberra on 28 March 2001) (Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 1)); and
• amend the new Schedule 3 (the Agreement on Social Security between Australia and New Zealand done at Canberra on 28 March 2001) by adding the Exchange of Notes of 20 and 21 February 2002 as Part B to Schedule 3 and specifying that the text of the Agreement is Part A.
The Agreement on Social Security between Australia and New Zealand coordinates the social security schemes of the countries to give better welfare protection for people who move between Australia and New Zealand.
Significant changes have occurred in the social security systems of Australia and New Zealand since the original Agreement was signed. The revised Agreement updates the bilateral arrangements between the countries to provide for these changes.
The Agreement on Social Security between Australia and New Zealand was signed on 28 March 2001 by Senator Amanda Vanstone, Minister for Family and Community Services and His Excellency Mr Simon Peter Murdoch, New Zealand's Ambassador to Australia.
The Exchange of Notes between Australia and New Zealand on 20 and 21 February 2002 further amended the Agreement signed on 28 March 2001 and these amendments enter into force on the day that the Agreement enters into force.
Article 28 of the Agreement on Social Security between Australia and New Zealand signed on 28 March 2001 provides for the Agreement to enter into force on 1 July 2002, provided that notes are exchanged between Australia and New Zealand 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 July 2002. This allows for the Regulations to be tabled in both Houses of the Parliament, for the period of disallowance of the Regulations to pass, and for the final exchange of notes to take place prior to that date.
Overview
The Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 1) were introduced by the Parliament of Australia to update the social security agreements between Australia and New Zealand. These regulations were enacted to address the need for modernising the original Agreement on Social Security signed on 19 July 1994, in light of significant changes in the social security systems of both countries. The policy objective of these amendments is to ensure that the bilateral arrangements provide better welfare protection for individuals who move between Australia and New Zealand. The Minister for Family and Community Services authorised these regulations, which replace the existing Schedule 3 of the Act with a new Schedule reflecting the updated Agreement signed on 28 March 2001 and incorporate the Exchange of Notes from 20 and 21 February 2002. These regulations aim to synchronise the social security frameworks of Australia and New Zealand, facilitating smoother transitions for people moving between the two countries.
Scope and Application
The Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 1) applies to the coordination of social security schemes between Australia and New Zealand, specifically updating the Agreement on Social Security between Australia and New Zealand done at Canberra on 28 March 2001. The Act amends the existing Schedule 3 of the original Act, replacing it with the updated Agreement, and includes the Exchange of Notes of 20 and 21 February 2002 as Part B to Schedule 3. This legislative amendment aims to ensure that the social security systems of Australia and New Zealand are in sync, thereby providing better welfare protection for individuals who move between the two countries. The Regulations apply to all relevant persons and entities in Australia and New Zealand and extend to the Commonwealth jurisdiction. The Act is designed to facilitate the implementation of the updated Agreement by allowing the Governor-General to make necessary regulations under Section 25 of the Act.
Key Provisions
The key provisions of the Social Security (International Agreements) Act 1999 Amendment Regulations 2002 (No. 1) (the Regulations) focus on replacing and updating the existing agreement between Australia and New Zealand concerning social security reciprocity. Under section 7(1) of the Act, the Regulations replace the existing Schedule 3, which was the Agreement on Social Security between Australia and New Zealand done at Wellington on 19 July 1994, with a new Schedule 3, which is the Agreement on Social Security between Australia and New Zealand done at Canberra on 28 March 2001. This new Schedule aims to align the social security schemes of the two countries to better protect people moving between Australia and New Zealand. Additionally, under section 8(1) of the Act, the Regulations add the Exchange of Notes of 20 and 21 February 2002 as Part B to the new Schedule 3, with the text of the Agreement forming Part A.
The Regulations impose obligations on the parties involved, primarily to ensure that the updated agreement is implemented effectively and that all necessary constitutional and legislative matters are finalised. The Regulations require that the Agreement enter into force on 1 July 2002, as specified in Article 28 of the Agreement, provided that all necessary steps have been taken to finalise the required constitutional and legislative matters. This involves the exchange of notes between Australia and New Zealand through the diplomatic channel, confirming that all requirements have been met.
Failure to comply with the provisions of the Regulations may result in various civil or criminal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of regulations pertaining to social security agreements could result in penalties under the primary Act or other related legislation. Such penalties might include fines, imprisonment, or other civil remedies, depending on the nature and severity of the breach. The precise penalties would be determined in accordance with the relevant laws and the specifics of the breach.