Commonwealth Numbered Regulations - Explanatory Statements

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SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999 REPEAL REGULATIONS 2002 2002 NO. 34

Statutory Rules 2002 No. 34

Issued by the Authority of the Minister for Family and Community Services

Social Security (International Agreements) Act 1999

Social Security (International Agreements) Act 1999 Repeal Regulations 2002

Section 25 of the Social Security (International Agreements) Act 1999 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The purpose of the proposed Regulations is to repeal Statutory Rules No. 215 of 2001 and Statutory Rules No. 245 of 2001.

Statutory Rules No. 215 of 2001 amended the Act, with effect from 1 January 2002, by replacing the existing Agreements on Social Security between Australia and Canada and between Australia and the Kingdom of The Netherlands and by adding the amended Agreement on Social Security between Australia and the Republic of Austria to the Act.

The Regulations repeal Statutory Rules No. 215 of 2001, with effect from gazettal, because the exchange of notes, between Australia and Canada, Australia and the Kingdom of The Netherlands and Australia and the Republic of Austria, through the diplomatic channel notifying each other that all constitutional and legislative matters as are necessary to give effect to the new Agreements and the amended Agreement, respectively, had been finalised was not completed. Although Australia was in a position to proceed with the exchange of notes, Canada, the Kingdom of The Netherlands and the Republic of Austria were all unable to complete their necessary constitutional and legislative matters in time for the new Agreements and the amended Agreement to enter into force from 1 January 2002.

Article 22 of the Agreement on Social Security between Australia and Canada provides for the entry into force of the Agreement on a date specified in an exchange of notes between Australia and Canada 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. This exchange of notes was not completed because Canada was unable to complete the necessary constitutional and legislative matters required.

Article 29 of the Agreement on Social Security between Australia and the Kingdom of The Netherlands provides for the entry into force and termination of the Agreement. The Agreement will enter into force on the first day of the third month following the date of the last notification between Australia and the Kingdom of The Netherlands 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. This exchange of notes was not completed because the Kingdom of The Netherlands was unable to complete the necessary constitutional and legislative matters required.

Article III, paragraph 1 of the Protocol to the Agreement between Australia and the Republic of Austria on Social Security provides for the entry into force of the Protocol on the first day of the third month following the date of the last notification between Australia and the Republic of Austria through the diplomatic channel notifying each other that all constitutional and legislative matters as are necessary to give effect to the Protocol have been finalised. This exchange of notes was not completed because the Republic of Austria was unable to complete the necessary constitutional and legislative matters required.

Statutory Rules No. 245 of 2001 amended the Act, with effect from 1 January 2002, by replacing the existing Agreement on Social Security between Australia and Republic of Portugal.

The Regulations will also repeal Statutory Rules No. 245 of 2001, with effect from gazettal, because the exchange of notes, between Australia and the Republic of Portugal, through the diplomatic channel notifying each other that all constitutional and legislative matters as are necessary to give effect to the new Agreement had been finalised was not completed.

Article 32 of the Agreement on Social Security between Australia and the Republic of Portugal provides for the entry into force of the Agreement on the first day of the second month following an exchange of notes between Australia and the Republic of Portugal 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. This exchange of notes was not completed because Australia and the Republic of Portugal were both unable to complete the necessary constitutional and legislative matters required. Australia failed to complete the necessary constitutional and legislative matters because the Regulations are still in the period of disallowance in both Houses of the Parliament.