Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:6:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 6 (pt 1/13)
Character Range: 178575–181444

Schedule 6—Malta
     Note:   See section 5.

Agreement on Social Security
Between
the Government of Australia
and
the Government of Malta

The Government of Australia and the Government of Malta (hereinafter "the Parties"),

Wishing to strengthen the existing friendly relations between the two countries, Desiring to review the Agreement on Social Security between the Government of Australia and the Government of Malta signed on 15 August 1990, and

Acknowledging the need to co‑ordinate further the operation of their respective social security systems so far as to ensure access by people who move between Australia and Malta;

Have agreed as follows:

PART I – GENERAL PROVISIONS

ARTICLE 1

Interpretation

    1. In this Agreement, unless the context otherwise requires:

    "applicable rate" means, in relation to Malta, the rate that would otherwise have been payable to a claimant had the number of totalised contributions been all paid or credited under the legislation of Malta;

    "benefit" means, in relation to a Party, a benefit for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable, in addition to that benefit, to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party;

    "Competent Authority" means, in relation to Australia, the Secretary of the Department responsible for the application of the legislation in subparagraph 1 (a) of Article 2 and, in relation to Malta the Director of Social Security;

    "Competent Institution" means, in relation to Australia the institution or agency which has the task of implementing the applicable Australian legislation and, in relation to Malta, the Competent Authority for Malta;

    "legislation" means, in relation to Australia, the laws specified in subparagraph 1 (a) of Article 2 and in relation to Malta, the laws specified in subparagraph 1 (b) of Article 2;

    "period of insurance" means, the period of contributions or any equivalent period which has been or can be used to acquire the right to a benefit under the legislation of Malta, but does not include any period deemed pursuant to Article 9 to be a period of insurance;

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

    "previous Agreement" means the Agreement on Social Security between the Government of Australia and the Government of Malta signed on 15 August 1990;

    "territory" means, in relation to Australia, Australia as defined in the legislation of Australia and in relation to Malta, Malta as defined in the Constitution of Malta; and