Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 2/17)
Character Range: 683665–686748

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 the superannuation guarantee;

         (j) "reside" means, in relation to Switzerland, stay ordinarily;

         (k) "domicile" means, in relation to Switzerland and within the meaning of the Swiss Civil Code, the place in which a person is staying with the intention of living there permanently;

         (l) "refugee" means a refugee as defined by the Convention on the Status of Refugees of 28 July 1951 and the Protocol of 31 January 1967 to that Convention;

         (m) "stateless person" means a stateless person as defined by the Convention on the Status of Stateless Persons of 28 September 1954;

         (n) "family members and survivors" means, in relation to Switzerland, family members and survivors, whose rights are derived from a national of a Contracting State, from a refugee or from a stateless person;

         (o) "widowed person" means, in relation to Australia, a person who stops being a member of a couple because of the death of the person's legal husband or wife, but does not include a person who has a partner.

     2. Unless the context otherwise requires, any term not defined in this Agreement has the meaning assigned to it in the applicable legislation.

Article 2
Legislative Scope

     1. Subject to paragraph 2, this Agreement shall apply to the following laws and regulations as amended at the date of signature of this Agreement, and to any laws and regulations that subsequently amend, supplement, supersede or replace them:

         (a) in relation to Switzerland:

             (i) the Federal Act on old‑age and survivors' insurance;

             (ii) the Federal Act on disability insurance;

         (b) in relation to Australia:

             (i) the Acts referred to as "the social security law" in the Social Security Act 1991, and any regulations made under any such Act insofar as those Acts or regulations provide for, apply to or affect the following benefits:

                 A. age pension;
                 B. disability support pension for the severely disabled;
                 C. pensions payable to widowed persons;
                 D. double orphan pension; and
                 E. carer payment;

             (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.

     2. Notwithstanding the provisions of subparagraph 1(b), this Agreement shall apply to women who are receiving wife pension at the date this Agreement comes into force and who are the wives of:

         (a) persons receiving age pension; or

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

     3. This Agreement