[Index] [Search] [Download] [Related Items] [Help]
SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999 AMENDMENT REGULATIONS 2005 (NO. 1) (SLI NO 21 OF 2005)
EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 21
Issued by the Authority of the Minister for Family and Community Services
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 may be added to the Act by regulations, if the agreement relates to reciprocity in social security or superannuation matters.
Subsection 8(2) of the Act provides that regulations made by virtue of subsection 8(1) must not come into operation on a day earlier than the day on which the agreement concerned comes into operation for
Section 25 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient for carrying out or giving effect to the Act.
The purpose of the Regulations is to insert the Agreement on Social Security between the Government of Australia and the Government of Malta done at
When people live in more than one country during their working lives, they often find that when they claim a pension or benefit they do not have enough residence or contributions under a social security system to qualify for payment. A network of social security agreements has been set up within the international community to help alleviate this problem. A key element in these agreements is the undertaking by the partners to share the responsibility for providing adequate social security coverage and, as a consequence, the associated costs.
The new Agreement will enable people with contribution records in
The new Agreement on Social Security with
All international intergovernmental agreements specify ‘entry into force’ requirements, which stipulate that each party notify the other party by an exchange of diplomatic notes that all constitutional, legislative and any other matters that are necessary to be done have been done. An agreement will then come into operation on a date specified by reference to the exchange of diplomatic notes.
The new Agreement with
In the Agreement with
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Three separate groups (listed below) were contacted as part of the treaty process. These were Maltese community organisations (12), welfare organisations (21) and all State and Territory Governments.
Letters and an information sheet outlining the changes to the Agreement were sent to each group in mid-November 2004 seeking their views and asking for a response by
The Western Australian and the Queensland Government formally responded and did not have any comments. No responses were received from any of the other groups contacted.
The Maltese Community Organisations consulted were:
Gold Coast Phoenician Multicultural Association |
La Vallete Social Centre (NSW) |
Mackay Maltese Club Inc |
Maltese Association of Western Australia Inc |
Maltese Australian Association of Queensland Inc |
Maltese Australian Gold Coast Association Inc |
Maltese Australian of |
Maltese Community Council of |
Maltese Community Council of |
Maltese Community Council of Victoria Inc |
Maltese Cultural Association of |
Maltese Professional & Business Association of |
The welfare organisations consulted were:
ACROD (National Office) |
Ethnic Communities' Council of |
ACT Multicultural Community Council |
Federation of Ethnic Communities Councils of |
Association of Independent Retirees |
Multicultural Communities Council of SA |
Australian Council of Social Service (ACOSS) |
Multicultural Council of NT |
Combined Pensioners and Superannuants Association |
Multicultural Council of |
COTA National Seniors |
National Ethnic Disability |
Council of Intellectual Disability Agencies |
National Seniors Association |
Council of the Ageing ( |
Physical Disability Council of Australia Ltd |
Ethnic Communities' Council of NSW |
Southern Cross Group |
Ethnic Communities' Council of QLD |
Welfare Rights Centre |
Ethnic Communities' Council of |
|
The Regulations will commence on