Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:31:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 31 (pt 2/11)
Character Range: 1026407–1029240

as such in the legislation of Australia and accrued on or after 16 November 1995;

(h) "territory" means, in relation to Australia, Australia as defined in the legislation of Australia; and, in relation to India, the territory of the Republic of India.

2. Any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the applicable legislation.

Article 2
Legislative Scope

1. This Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, supplement or replace them:

(a) in relation to Australia:

     (i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;
     (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations 1993);

(b) in relation to India, to all legislation concerning:

     (i) old‑age and survivors' pension for employed persons;
     (ii) the Permanent Total Disability pension for employed persons.

2. Except as otherwise provided in this Agreement, the legislation of either Contracting Party shall not include any other agreement on social security entered into by either Contracting Party with a third state.

3. This Agreement shall apply to laws which extend the legislation of either Contracting Party to new categories of beneficiaries only if the two Contracting Parties agree in writing.

Article 3
Personal Scope

This Agreement shall apply to any person who:

(a) is or has been an Australian resident; or
(b) is or has been subject to the legislation of Australia; or
(c) is or has been subject to the legislation of India

and to other persons in regard to the rights they derive from the person described above.

Article 4
Equality of Treatment

Unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and obligations regarding eligibility for and payment of benefits which arise whether directly under the legislation of that Contracting Party or by virtue of this Agreement.

Article 5
Export of Benefits

1. Benefits of one Contracting Party, when payable by virtue of this Agreement, are payable to persons who are residents of, and in the territory of either Contracting Party.

2. In relation to Australia, for the purposes of paragraph 1 of this Article, any additional amount, increase or supplement that is payable under this Agreement, shall be payable to a person outside Australia only for the period specified in the provisions of the Social Security Act 1991.

PART II