Commonwealth Numbered Regulations - Explanatory Statements

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SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999 AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 31

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.