Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:25:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 25 (pt 1/11)
Character Range: 848107–851199

Schedule 25 — Republic of Poland
Note:   See section 5.

AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF POLAND ON SOCIAL SECURITY

Australia and the Republic of Poland (hereinafter "the Parties"),

Wishing to strengthen the existing friendly relations between the two countries,

and

Being desirous of regulating their mutual relations with respect to social security benefits and compulsory coverage,

Have agreed as follows,

PART I

GENERAL PROVISIONS

ARTICLE 1
Definitions

1. For the purposes of this Agreement,

    (1) "legislation" means,
           (a) in relation to Australia, the laws specified in subparagraph 1(1)(a) of Article 2 except in relation to the application of Part II of this Agreement (including the application of other Parts of this Agreement as they affect the application of that Part) where it means the laws specified in subparagraph 1(1)(b) of Article 2,
           (b) in relation to the Republic of Poland the laws and other regulations specified in subparagraph 1(2) of Article 2;

    (2) "Competent Authority" means,
           (a) in relation to Australia, the Secretary to the Commonwealth Department responsible for the legislation specified in subparagraph 1(1)(a) of Article 2, except in relation to the application of Part II of this Agreement (including the application of other Parts of this Agreement as they affect the application of that Part) where it means the Commissioner of Taxation or an authorised representative of the Commissioner,
           (b) in relation to Republic of Poland, the Minister responsible for Social Security;

         (3) "Competent Institution" means, the institution responsible for applying the legislation;

         (4) "Liaison Institution" means the institution which ensures coordination and exchange of information between the institutions of both Parties, which participates in applying this Agreement;

         (5) "benefit" means a pension or other benefit specified in Article 2 including any additional amount, increase or supplement which is payable to a qualified person but, for Australia, does not include any benefit, payment or entitlement under the law concerning the superannuation guarantee;

         (6) "period of insurance" means in relation to the Republic of Poland, period of contributions, equivalent period and non‑contributory period;

         (7) "period of Australian working life residence" means a period defined as such in the legislation of Australia but does not include any period deemed pursuant to Article 11 to be a period in which that person was an Australian resident;

         (8) "public servant" means,
            (a) in relation to Australia, an employee of a government of Australia. For this purpose, government includes a political subdivision or local authority of Australia,
            (b) in relation to the Republic of Poland, an employee of public administration.

2. In the application by a Party of this Agreement, any term not defined shall, unless the context otherwise requires, have the meaning which it has under the legislation of that