Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:24:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 24 (pt 2/12)
Character Range: 822973–825896

or any equivalent period under the Earnings‑Related Pension Scheme or a period of residence under the National Pensions Act;

      (g) "residence" means, in relation to Finland, residence as defined in the legislation of Finland;

      (h) "territory" means,

       in relation to Australia:
       Australia as defined in the legislation of Australia and

       in relation to Finland:
       the territory of Finland.

2. Any term not defined in this Agreement, unless the context otherwise
requires, has the meaning assigned to it in the applicable legislation.

ARTICLE 2
Legislative Scope

1. This Agreement shall apply to the following laws and schemes, as amended at the date of signature of this Agreement, and to any laws and schemes that subsequently amend, supplement, or replace them:

(a) in relation to Australia:

       (i) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension;

       (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations);

  (b) in relation to Finland:

       (i) the Earnings‑Related Pension Scheme;

       (ii) the National Pensions Act in so far as the law provides for, applies to or affects old age pension including early old age pension and the Employer's Social Security Contributions Act in so far as the Act applies to the National Pension Insurance Contribution.

2. This Agreement shall not apply to future legislation which extends the existing legislation of one Party to new categories of beneficiaries unless the Competent Authorities of the Parties agree otherwise.

3. Notwithstanding the provisions of paragraph 1, unless otherwise specified the legislation of either Party shall not include any other agreement on social security entered into by either Party.

ARTICLE 3
Personal Scope

This Agreement shall apply to any person who:

(a) is or has been an Australian resident; or

(b) is or has been subject to the legislation of Finland.

ARTICLE 4
Equality of Treatment

Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to the rights and obligations regarding eligibility for and payment of benefits which arise directly under the legislation of that Party or by virtue of this Agreement.

ARTICLE 5
Export of Benefits

1. Unless otherwise provided in this Agreement, benefits of one Party referred to in this Agreement shall be payable to persons who are residents of either Party.

2. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement, shall be payable to a person outside Australia only if it would