Commonwealth Numbered Regulations - Explanatory Statements

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SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999 AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO. 105

EXPLANATORY STATEMENT

Statutory Rules 2000 No. 105

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 2000 (No. 1 )

Social Security (International Agreements) Act 1999 Amendment Regulations 2000 (No. 2)

Subsection 8(1) of the Social Security (International Agreements) Act 1999 (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 allows the Governor-General to make regulations for the purposes of the Act.

The purpose of the Amendment Regulations is to:

*       add Schedule 12 to the Social Security (International Agreements) Act 1999. Schedule 12 is the text of the International Agreement between Australia and the Kingdom of Denmark on Social Security (Social Security (International Agreements) Act 1999 Amendment Regulations 2000 (No. )); and

*       replace the existing Schedule 2 (the Agreement on Social Security between Australia and the Republic of Italy signed on 23 April 1986) of the Act with a new Schedule 2 (the Agreement on Social Security between Australia and the Republic of Italy signed on 13 September 1993) (Social Security (International Agreements) Act 1999 Amendment Regulations 2000 (No. )),

The Agreement on Social Security between Australia and the Kingdom of Denmark and the Agreement on Social Security between Australia and the Republic of Italy coordinates the social security schemes of the countries to give better welfare protection for people who move between. Australia and Denmark and between Australia and Italy.

The Agreement on Social Security between Australia and the Kingdom of Denmark was signed on 1 July 1999 by Senator the Hon Jocelyn Margaret Newman, Minister for Family and Community Services and His Excellency Mr Kris Lund-Jensen, the Danish Ambassador.

Article 17 of the Agreement on Social Security between Australia and the Kingdom of Denmark provides for the entry into force and termination of the Agreement. The Agreement will enter into force 2 months after an exchange of notes between Australia and the Kingdom of Denmark 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 2001. 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 will be completed on 1 November 2000.

Article 23 of the Agreement on Social Security between Australia and the Republic of Italy provides for the entry into force and termination of the Agreement. The Agreement will enter into force on the first day of the month following an exchange of instruments of ratification between Australia and the Republic of Italy 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 October 2000. 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 instruments of ratification takes place. The exchange of instruments of ratification will be completed after 7 September 2000 and before 1 October 2000.


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