Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:10:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 10 (pt 1/15)
Character Range: 324754–327616

Schedule 10—Austria
Note: See sections 5 and 8.

AGREEMENT

BETWEEN

AUSTRALIA

AND THE

REPUBLIC OF AUSTRIA

ON SOCIAL SECURITY

AUSTRALIA AND THE REPUBLIC OF AUSTRIA,

Wishing to strengthen the existing friendly relations between the two countries,

Considering it appropriate to review and replace the Social Security Agreement between Australia and Austria done on 1 April 1992, the Protocol to the Agreement between Australia and the Republic of Austria on Social Security done on 26 June 2001 and the Second Protocol to the Agreement between Australia and the Republic of Austria on Social Security signed on 17 February 2010,

And

Resolved to co‑operate in the field of social security;

Have agreed as follows:

PART I – GENERAL PROVISIONS

Article 1
Interpretation

1. In this Agreement:

(a) "national" means, in relation to Australia, an Australian citizen; and, in relation to Austria, an Austrian citizen;

(b) "legislation" means, in relation to Australia, the law specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the laws specified in subparagraph 1(a)(ii) of Article 2; and,

in relation to Austria, the laws, regulations and statutory instruments which relate to the branches of social security specified in subparagraph 1(b) of Article 2;

(c) "competent authority" means in relation to Australia, the Secretary of the department responsible for the legislation in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part II of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the Commissioner of Taxation or an authorised representative of the Commissioner; and,

in relation to Austria, the Federal Minister responsible for the application of the legislation specified in subparagraph 1(b) of Article 2;

(d) "institution" means, in relation to a Party, the institution or agency responsible for the administration of all or part of that Party's legislation;

(e) "competent institution" means, in relation to a Party, the institution competent under the legislation of that Party;

(f) "period of Australian working life residence", in relation to a person, means a period defined as such in the legislation of Australia but does not include any period deemed pursuant to Article 11 to be a period in which that person was an Australian resident;

(g) "period of insurance in Austria" means a period of insurance defined as such in the Austrian legislation;

(h) "benefit" means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any additional amount, increase or