Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p18
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 18/26)
Character Range: 95607–98423

the extent and in the circumstances specified in the administrative arrangements made pursuant to Article 21.

    5. The assistance referred to in paragraphs 2 to 4 shall be provided subject to the terms and conditions set out in Part A of the Schedule of this Agreement, and free of charge except where specified in the Schedule or in the administrative arrangements made pursuant to Article 21.

    6. Unless disclosure is required and is permitted under the laws of both Parties, then, except as provided in Part A of the Schedule of this Agreement, any information about an individual that is transmitted in accordance with this Agreement to a competent authority or a competent institution by the competent authority or competent institution of the other Party is confidential and shall be used only for the purposes of implementing this Agreement and the social security law of either Party.

    7. Where an exchange of information authorised under this Article is of a kind to which Part X of the New Zealand Privacy Act 1993 or the Privacy Act 1988 of Australia would apply, the administrative arrangements shall, in accordance with Part A of the Schedule of this Agreement:
         (a) include provisions that ensure, in relation to New Zealand, that the safeguards that are required under New Zealand privacy laws in information matching agreements are complied with and that the arrangements are consistent with the information matching rules under New Zealand privacy laws;
         (b) include provisions that ensure, in relation to Australia, that the safeguards that are required under Australian privacy laws in information matching agreements are complied with and that the arrangements are consistent with the information matching rules under Australian privacy laws; and
         (c) list the items of information that each Party may request under this Article.

    8. Any information transmitted in accordance with this Agreement to a competent institution shall be protected in the same manner as information obtained under the social security law of the receiving Party.

    9. No term in this Article shall affect the obligations of the Parties under Article 24.

ARTICLE 19
Recovery of Overpayments

    1.  For Australia where:
         (a) a benefit is paid or payable by New Zealand to a person in respect of a past period;
         (b) for all or part of that period, Australia has paid to that person a benefit under its legislation; and
         (c) the amount of the benefit paid by Australia would have been reduced had the benefit paid or payable by New Zealand been paid during that period.
    then:
    the amount that would not have been paid by Australia had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past period shall be a