Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:14:p17
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 14 (pt 17/25)
Character Range: 496243–499349

that an employee is subject to the legislation of both States at the same time have agreed upon the following to supplement the Agreement on Social Security between Australia and the Federal Republic of Germany of 13 December 2000:

Article 1
Definitions

1. For the purposes of this Supplementary Agreement,

   (a) "territory" means,
    as regards the Federal Republic of Germany,
    the territory of the Federal Republic of Germany;

    as regards Australia,
    the territory of Australia;

   (b) "legislation" means,
    as regards the Federal Republic of Germany,
   the laws, regulations and other general legislative acts related to the branches of social security covered by the scope of this Supplementary Agreement (paragraph 1(a) of Article 2);

    as regards Australia,
    the laws covered by the scope of this Supplementary Agreement (paragraph 1(b) of Article 2);
   (c) "competent authority" means,
    as regards the Federal Republic of Germany,
   the Federal Ministry of Labour and Social Affairs
   (Bundesministerium für Arbeit und Soziales);
    as regards Australia,
    the Commissioner of Taxation or an authorised representative of the Commissioner;
   (d) "institution" means,
    as regards the Federal Republic of Germany,
    the insurance institution responsible for the implementation of the legislation specified in paragraph 1 (a) of Article 2 and the body designated by the competent authority;
    as regards Australia,
    the Commissioner of Taxation or an authorised representative of the Commissioner.

2. Any term not defined in paragraph 1 has the meaning assigned to it in the applicable legislation.

Article 2
Legislative scope

1. This Supplementary Agreement shall apply to the following legislation:
   (a) as regards the Federal Republic of Germany,
   the legislation concerning the Statutory Pension Insurance;
   (b) as regards Australia,
    the legislation concerning the Superannuation Guarantee.

2. This Supplementary Agreement shall also apply to laws, regulations and other general legislative acts in so far as they amend, supplement or replace the legislation of the Contracting States.

Article 3
Personal scope

This Supplementary Agreement shall apply in respect of all persons who are ordinarily resident or employed in the territory of either Contracting State.

Article 4
Applicable legislation for employees

1. Unless otherwise provided in this Supplementary Agreement, an employee shall be subject to the legislation of the Contracting State in whose territory he is actually performing the work.

2. Paragraph 1 shall apply analogously to self‑employed persons.

Article 5
Applicable legislation in case of detachment

When an employee who is employed in one Contracting State is sent by his employer, who ordinarily engages in considerable business activities in the sending State, to the territory of the other Contracting State in the context of that employment to perform services there for this employer that are known to be time‑limited beforehand, then, provided that the employee concerned continues to be subject to