Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p25
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 25/26)
Character Range: 113425–116118

the other Party of recovering the debt, including court costs or other fees payable under the laws of that Party. For the purposes of this paragraph, "costs of the other Party" refer only to costs incurred (such as solicitor's fees) if court action is taken to recover the debt and do not include the administrative costs of a Party.

    2. For the purpose of clause 1(a)(ii), a right of review or appeal under the law under which a debt was determined has expired:

          a. if the right has not been exercised within the time limit provided for its exercise; and

          b. irrespective of whether the court or tribunal or body or person that would have jurisdiction in respect of the review or appeal, or any other person, retains a discretion (however expressed in that law) to allow the right of review or appeal to be exercised after that time.

    3. Where any institution, court, or tribunal defers the recovery of a social security debt, or orders or arranges for a social security debt to be paid by instalments, the 5‑year period referred to in clause 1(a)(iv) is extended by the period of deferral or, as the case requires, the period over which the debt is to be paid by instalments.
PART B

EXCHANGE OF NOTES AMENDING THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND, DONE AT WELLINGTON ON 8 DECEMBER 2016

    New Zealand initiating note

    NOTE NUMBER: NZHC 2017 024

The New Zealand High Commission, Canberra presents its compliments to the Department of Foreign Affairs and Trade of Australia and has the honour to refer to the Agreement on Social Security between the Government of Australia and the Government of New Zealand, done at Wellington on 8 December 2016 (hereinafter referred to as "the Agreement") and to subsequent discussions between the two Governments over correction of errors in the text.

The High Commission has the further honour to propose that, on the basis of the aforementioned discussions, the following corrections to the Agreement be made in accordance with Article 79(1)(b) of the Vienna Convention on the Law of Treaties:

     1. Article 1(c) and 1(n)(ii) of the Agreement are corrected by deleting the references to the year "2016" and replacing it with the year "1964" so that both references now read the "Social Security Act 1964".
     2. Article 6 of the Agreement is corrected by inserting in paragraph 5, after the words "payable to", the words "a person in".

The High Commission has the honour to propose that, if the forgoing is acceptable to the Government of Australia, this note, and the Department's note in reply, shall together constitute an Exchange of Notes