Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p13
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 13/17)
Character Range: 712451–715570

by the Competent Institutions of the other Contracting State.

Article 23
Data Protection

    1. In providing assistance under Article 21, a Contracting State shall supply to the other Contracting State data about a person, particularly about any payments it makes to that person, only where that person:

         (a) wishes to make use of any provision of the Agreement;

         (b) claims a benefit from the first Contracting State after the Agreement enters into force; or

         (c) is receiving a benefit from the second Contracting State before the Agreement enters into force and authorises the first Contracting State to provide the data to the second Contracting State.

    2. In no case shall the provisions of this Agreement be construed so as to impose on the Competent Authority or Competent Institution of a Contracting State the obligation:

         (a) to carry out administrative measures at variance with the laws and regulations or administrative practice of that Contracting State or the other Contracting State; or

         (b) to supply details which are not obtainable under its laws and regulations or in the normal course of the administration of that Contracting State or of the other Contracting State.

    3. When information is transmitted in accordance with the Agreement, the following provisions are applicable for the processing and protection of that information.

         (a) The receiving Competent Authority or Competent Institution shall use the information only:

         (i) for the purpose indicated; or

              (ii) in accordance with its own legislation, for other purposes concerning social security, including related judicial procedure.

         (b) The Competent Authority or Competent Institution that provides the information shall ensure that it is accurate and that the contents are for the purpose indicated. In this respect, any restrictions concerning the transmission of information stipulated under the national legislation of that Contracting State must be respected. If inadequate information or information which should not have been transmitted is sent, the receiving Competent Authority or Competent Institution shall be informed by the sending Competent Authority or Competent Institution immediately this is discovered and shall rectify the situation or destroy the information in question.

         (c) The transmitted information shall be kept only as long as the purpose for which it was transmitted requires. It should be ensured that the destruction of the information relating to social security may not damage the interests of the persons concerned.

         (d) The Competent Authorities and Competent Institutions shall protect all information provided against any non‑authorised access, non‑authorised modification or non‑authorised communication.

Article 24
Lodgement of Documents

    1. Any reduction in or exemption from fees or stamp duties for documents and certificates provided for in the legislation of one Contracting State with respect to the issuing of a certificate or document required in accordance with