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This Digest was prepared for debate. It reflects the legislation as
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CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details
Social Security (International
Agreements) Bill 1999
Date Introduced: 3 June 1999
House: House of Representatives
Portfolio: Family and Community Services
Commencement: 20 March 2000
The Bill is
largely administrative in nature and consolidates existing social
security international agreements into a separate Act. It also
provides for new social security international agreements to be
added and variations to be made by way of regulation.
This Bill is part of a legislative package and
accompanies the Social Security (Administration) Bill and the
Social Security (Administration and International Agreements)
(Consequential Amendments) Bill 1999. For further background see
the Bills Digest on the Social Security (Administration) Bill 1999.
The explanatory memorandum asserts that the Bills will result in a
'major reduction in the length and complexity of the social
security laws'.(1)
As the proposed legislation largely involves a
regrouping and minor rewrite of provisions of the 1991 legislation,
without any major policy alterations, this Digest will not
extensively examine the individual clauses of the Bill. The
provisions regarding international agreements are presently found
in Chapter 4 of the Social Security Act 1991 -
'International Agreements and Portability'.
Proposed section 4 defines the
proposed Act as part of the 'social security law' - this will be a
package of legislation composed of the two primary pieces of
legislation created by the Social Security (Administration) Bill
and the Social Security (International Agreements) Bill 1999, as
well as the provisions of the Social Security Act 1991 which remain
after the Act has been modified by the Social Security
(Administration and International Agreements) (Consequential
Amendments) Bill 1999.
Proposed section 5 gives a
particular place in social security law to the international social
security agreements which are scheduled to the Act. These schedules
are to have effect despite any inconsistent provisions in the
social security law, a principle which is enshrined in
proposed section 6.
Proposed sections 7, 8 and 9
allow for the addition, deletion and modification of schedules to
the Act. These schedules currently have a similar effect as they
are attached to the Social Security Act 1991.
Proposed section 10 deals with
parenting payments, which are currently dealt with in section 1208A
of the Social Security Act 1991, while proposed
section 11 and proposed section 12 are
presently dealt with by sections 1209 and 1210 respectively and
allow payment of only some social security payments while someone
is overseas and allow the rate of payment to be set in Australia
and overseas payments to be made.
Proposed Part 3 duplicates
other provisions of the Social Security Act 1991 dealing
with the calculation of international agreement portability rate',
'working life residence' and 'residence factor', as well as the
overall rate calculation process.
There are 11 schedules to the Bill, comprising
agreements between Australia and:
The United Kingdom; Italy; New Zealand; Canada;
Spain; Malta; Netherlands; Ireland; Portugal; Austria; and
Cyprus.
- Explanatory Memorandum, p. i.
Kirsty Magarey
15 August 1999
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 1999
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Published by the Department of the Parliamentary Library,
2001.
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