Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 1/26)
Character Range: 53283–56217

Schedule 3—New Zealand
Note: See section 5.

PART A

AGREEMENT ON SOCIAL SECURITY

BETWEEN

THE GOVERNMENT OF AUSTRALIA

AND

THE GOVERNMENT OF NEW ZEALAND

The Government of Australia, and

The Government of New Zealand

Referred to in this Agreement as "the Parties"

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

DESIRING to coordinate the operation of their respective social security systems and to enhance the equitable access by people covered by this Agreement to specified social security benefits provided for under the laws of both countries, and

WISHING to modify and replace the Agreement providing for matters relating to social security entered into at Canberra on 28 March 2001, as amended on 21 February 2002

HAVE agreed as follows:

PART I
DEFINITIONS AND SCOPE

ARTICLE 1
Definitions

    1. In this Agreement unless the context otherwise requires:
         (a) "Australian resident" has the meaning given to it under Article 5;
         (b) "benefit", in relation to a Party, means the benefits as listed and defined in Article 2 and, unless otherwise stated, includes any amount, increase or supplement that is payable in addition to that benefit or in respect of a person who is eligible for that amount, increase or supplement under the social security law of that Party;
         (c) "competent authority", in relation to New Zealand, means the chief executive of the department for the time being responsible for the implementation of the Social Security Act 2016 and in relation to Australia, the Secretary of the Australian Government department responsible for the legislation specified in Article 2(1)(a);
         (d) "competent institution", in relation to a Party, means the institution or institutions that are responsible for the administration or implementation of the social security law of that Party;
         (e) "date of severe disablement" means the date a person who applies for a disability support pension or supported living payment was first assessed as meeting the criteria for a disability support pension or supported living payment under this Agreement or, where evidence supports an earlier date, the competent institutions may agree on an earlier date;
         (f) "legislation" in relation to a Party, means the laws, orders and regulations of that Party specified in Article 2;
         (g) "living alone", in relation to New Zealand superannuation or veteran's pension, has the meaning given to it under the social security law of New Zealand; and "not living alone" has a corresponding meaning;
         (h) "month", in relation to New Zealand, means a calendar month, but where fractions of a month are to be aggregated, a month means 30 days;
         (i) "New Zealand resident" has the meaning given to it under Article 5;

         (j) "pension age", means the qualifying age for New Zealand superannuation or the