Social Security (International Agreements) Amendment (Amendment of New Zealand Agreement) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 15 June 2017

Peter Cosgrove

GovernorGeneral

By His Excellency’s Command

Christian Porter

Minister for Social Services

 

 

 

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Repeal of this instrument

5 Schedules

Schedule 1—Amendments

Social Security (International Agreements) Act 1999

1  Name

  This instrument is the Social Security (International Agreements) Amendment (Amendment of New Zealand Agreement) Regulations 2017.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 5 and anything in this instrument not elsewhere covered by this table

The day after this instrument is registered.

20 June 2017

2. Schedule 1

Immediately after the commencement of Schedule 1 to the Social Security (International Agreements) Amendment (New Zealand) Regulations 2017.

1 July 2017

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 7 of the Social Security (International Agreements) Act 1999.

4  Repeal of this instrument

  This instrument is repealed on the day after Schedule 1 commences.

5  Schedules

  Legislation that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

 

Social Security (International Agreements) Act 1999

1  Schedule 3 (after the heading)

Insert:

PART A

2  At the end of Schedule 3

Add:

PART B

EXCHANGE OF NOTES AMENDING THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND, DONE AT WELLINGTON ON 8 DECEMBER 2016

New Zealand initiating note

NOTE NUMBER: NZHC 2017 024

The New Zealand High Commission, Canberra presents its compliments to the Department of Foreign Affairs and Trade of Australia and has the honour to refer to the Agreement on Social Security between the Government of Australia and the Government of New Zealand, done at Wellington on 8 December 2016 (hereinafter referred to as “the Agreement”) and to subsequent discussions between the two Governments over correction of errors in the text.

 

The High Commission has the further honour to propose that, on the basis of the aforementioned discussions, the following corrections to the Agreement be made in accordance with Article 79(1)(b) of the Vienna Convention on the Law of Treaties:

 

  1. Article 1(c) and 1(n)(ii) of the Agreement are corrected by deleting the references to the year “2016” and replacing it with the year “1964” so that both references now read the “Social Security Act 1964”.
  2. Article 6 of the Agreement is corrected by inserting in paragraph 5, after the words “payable to”, the words “a person in”.

 

The High Commission has the honour to propose that, if the forgoing is acceptable to the Government of Australia, this note, and the Department’s note in reply, shall together constitute an Exchange of Notes Correcting Errors in the Agreement. The corrected text will replace the defective text.

 

The New Zealand High Commission, Canberra takes this opportunity to renew to the Department of Foreign Affairs and Trade of Australia the assurances of its highest consideration.

 

New Zealand High Commission

CANBERRA

 

24 March 2017

 

Australian note in reply

No 17/PAD 09

The Department of Foreign Affairs and Trade presents its compliments to the New Zealand High Commission in Canberra and has the honour to refer to the latter’s note, NZHC 2017 024 seeking corrections to the Agreement on Social Security between the Government of Australia and the Government of New Zealand (the “agreement”) done at Wellington on 8 December.

 

The Department of Foreign Affairs and Trade of Australia has the further honour to advise that the request is acceptable to the Government of Australia and that, accordingly, the High Commission’s note and this note in reply shall together constitute an Exchange of Notes correcting errors in the agreement.

 

The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the New Zealand High Commission, Canberra the assurances of its highest consideration.

 

 

 

CANBERRA

11 April 2017