Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:12:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 12 (pt 1/10)
Character Range: 390903–393993

Schedule 12—Denmark
Note: See section 5.

AGREEMENT BETWEEN AUSTRALIA AND THE KINGDOM OF DENMARK ON SOCIAL SECURITY

AUSTRALIA AND THE KINGDOM OF DENMARK,

WISHING to strengthen the existing friendly relations between the two countries, and

RESOLVED to co‑ordinate their social security systems;

HAVE AGREED as follows:

PART I—GENERAL PROVISIONS

ARTICLE 1
Definitions

1. In this Agreement, unless the context otherwise requires:

    (a) "territory" means:

           in relation to Australia:
            Australia as defined in the legislation of Australia; and

       in relation to the Kingdom of Denmark:
             its national territory, with the exception of Greenland and the Faroe Islands;
    (b) "legislation" means:

       in relation to Australia:
        the laws specified in subparagraph 1(a) of Article 2; and

       in relation to Denmark:
            the laws specified in subparagraph 1(b) of Article 2;

       (c) "benefit" means in relation to a Party, 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 to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party;

    (d) "Competent Authority" means;

       in relation to Australia:
        the Secretary to the Department responsible for the application of the legislation in subparagraph 1(a) of Article 2; and

       in relation to Denmark:
        the Minister of Social Affairs;

    (e) "Competent Institution" means;

       in relation to Australia:
        the institution responsible for the administration of the legislation; and

       in relation to Denmark:
        the institution responsible for providing benefits;

       (f) "period of Australian working life residence" means, in relation to a person, a period defined as such in the legislation of Australia, but does not include any period deemed pursuant to Article 7 to be a period in which that person was an Australian resident;

       (g) "residence" means, as regards Denmark, habitual residence which is lawfully established; and

       (h) "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 partner but does not include a person who has a new partner.

2. Any term not defined in this Article 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, 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 Social Security Act 1991 in so far as the Act provides for, applies to or affects the following benefits:

        (i) age pension;

            (ii) disability support pension for severely disabled persons; and

        (iii) parenting payment for widowed persons;