Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:6:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 6 (pt 2/13)
Character Range: 181198–184116

of Australia and the Government of Malta signed on 15 August 1990;

    "territory" means, in relation to Australia, Australia as defined in the legislation of Australia and in relation to Malta, Malta as defined in the Constitution of Malta; and

    "widow" means, in relation to Australia, a de jure widow but does not include a woman who has a partner.

    2. In the application by a Party of this Agreement any term not defined in it shall, unless the context otherwise requires, have the meaning which it has under the legislation of that Party.

ARTICLE 2

Legislative Scope

    1. Subject to paragraph 2, 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: the Acts referred to as "the social security law" in the Social Security Act 1991, and any regulations made under any such Act in so far as those Acts or regulations provide for, apply to or affect the following benefits:

              (i) age pension;
              (ii) disability support pension for the severely disabled; and
              (iii) pensions payable to widows; and

         (b) in relation to Malta: the Social Security Act (Cap 318) as it provides for, applies to or affects the following benefits:

              (i) contributory pensions in respect of retirement;
              (ii) contributory pensions in respect of invalidity;
              (iii) contributory pensions in respect of widowhood; and
              (iv) non‑contributory assistance and pension.

    2. Notwithstanding the provisions of paragraph 1(a) this Agreement shall apply to women who are receiving wife pension and who are wives of

         (a) persons receiving age pension; or

         (b) persons receiving disability support pension for the severely disabled.

    3. Notwithstanding the provisions of paragraph 1 the legislation of either Party shall not include any other Agreement on social security entered into by either Party.

    4. This Agreement shall apply to laws which extend the legislation of either Party to new categories of beneficiaries only if the two Parties so agree in a Protocol to this Agreement.

    5. In respect of non‑contributory assistance and pensions payable under the legislation of Malta, a citizen of Australia shall have the same rights as a citizen of Malta.

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 an insured person under the legislation of Malta,

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

ARTICLE 4

Equality of Treatment

Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations