Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 1/17)
Character Range: 680771–683921

Schedule 20 — Switzerland
Note:   See Section 5.

AGREEMENT BETWEEN AUSTRALIA AND THE SWISS CONFEDERATION ON SOCIAL SECURITY

The Government of Australia and the Swiss Federal Council, guided by the wish to regulate relations between their two countries in the field of social protection, have agreed to conclude the following Agreement:

PART I

GENERAL PROVISIONS

Article 1
Definitions

     1. In this Agreement the following definitions shall apply:

         (a) "Contracting States" means the Swiss Confederation and the Government of Australia;

    (b) "territory" means,

              (i) in relation to Switzerland, the territory of Switzerland;

              (ii) in relation to Australia, Australia as defined in the legislation of Australia;

     (c) "national" means,

              (i) in relation to Switzerland, a Swiss national;

              (ii) in relation to Australia, an Australian citizen;

     (d) "legislation" means,

              (i) in relation to Switzerland, the laws specified in subparagraph 1(a) of Article 2; and

              (ii) in relation to Australia, the law specified in subparagraph 1(b)(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(b)(ii) of Article 2;

     (e) "Competent Authority" means,

              (i) in relation to Switzerland, the Federal Social Insurance Office; and

              (ii) in relation to Australia, the Secretary of the Department responsible for the application of the legislation in subparagraph 1(b)(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;

     (f) "Competent Institution" means,

              (i) in relation to Switzerland, the institution which has the task of implementing the Swiss legislation; and

              (ii) in relation to Australia, the institution or agency which has the task of implementing the applicable Australian legislation;

         (g) "period of Australian working life residence" means, in relation to a person, the period defined as such under the legislation of Australia but does not include any period deemed pursuant to Article 18 to be a period in which that person was an Australian resident;

         (h) "insurance periods" means, in relation to Switzerland, the contribution periods as well as equivalent periods which are determined or recognised as insurance periods under the Swiss legislation;

         (i) "benefit" means, in relation to a Contracting State, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable in addition to that benefit, pension or allowance, but for Australia, does not include any benefit, payment or entitlement under the law concerning