Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:4:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 4 (pt 2/12)
Character Range: 119994–122820

that person was an Australian resident;
     "previous agreement" means the Reciprocal Agreement on Social Security between the Government of Canada and the Government of Australia signed on the fourth day of July 1988, as amended by a Protocol signed on the eleventh day of October 1990;
     "social security laws" means:
       (i) in relation to Australia, the Acts forming the social security law, including regulations made thereunder, as amended; and
       (ii) in relation to Canada, the laws specified in subparagraph 1 (b) of Article 2;
     "widowed person" means, in relation to Australia, a person who stops being a partnered person because of the death of the person's partner, but does not include a person who has a new partner.
    2. In the application by a Party of this Agreement to a person, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the social security laws of either Party or, in the event of a conflict of meaning, by whichever of those laws is the more applicable to the circumstances of that person.

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 and regulations forming the social security law to the extent they provide for and apply to:
       (i) age pensions;
       (ii) disability support pensions;
       (iii) carer payments;
       (iv) pensions payable to widowed persons; and
            (v) additional child amount payable to persons in receipt of the above benefits; and
       (b) in relation to Canada:
            (i) the Old Age Security Act and the regulations made thereunder; and
            (ii) the Canada Pension Plan and the regulations made thereunder.
    2. In relation to Australia, the legislation to which this Agreement applies shall not include any laws made, whether before or after the date of signature of this Agreement, for the purpose of giving effect to any agreement on social security.
    3. This Agreement shall apply to laws of a Party which extend the existing legislation of that Party to new categories of beneficiaries unless the competent authority of that Party communicates in writing an objection in regard to those laws to the competent authority of the other Party within 60 days of the date on which those laws receive Royal Assent.
    4. Where, under the legislation of Australia, a new category of beneficiaries has arisen as described in paragraph 3, no qualification for benefits in that category shall exist until the expiration of the period set out in that paragraph.

ARTICLE 3
Personal Scope
    This Agreement shall apply