Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:10:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 10 (pt 2/15)
Character Range: 327371–330355

of insurance defined as such in the Austrian legislation;

(h) "benefit" means, in relation to a Party, a benefit, pension or allowance 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, pension or allowance but for Australia, does not include any benefit, payment or entitlement under the law concerning the superannuation guarantee;

(i) "carer payment" means a carer payment payable to a person who is caring for that person's partner who is in receipt of an Australian disability support pension or age pension;

(j) "widowed person" means, in relation to Australia, a person who stops being a partnered person because of the death of the person's partner but does not include a person who has a new partner;

(k) "refugee" means a person defined as a refugee in Article 1 of the Convention relating to the Status of Refugees, dated 28 July 1951, and the Protocol to that Convention, dated 31 January 1967;

(l) "stateless person" means a person defined as a stateless person in Article 1 of the Convention relating to the Status of Stateless Persons, dated 28 September 1954:

(m) "Australia" means Australia as defined in the legislation of Australia;

(n) "Austria" means the Republic of Austria;

(o) "Government" for the purposes of Article 9 includes, in relation to Australia, a political subdivision or local authority of Australia;

(p) "Party" means Australia or Austria as the context requires.

2. In the application of this Agreement, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it by the legislation of either Party.

Article 2
Legislative Scope

1. Subject to paragraph 2, this Agreement shall apply to:

 (a) in relation to Australia:

          (i) the Acts forming the social security law insofar as the law provides for, applies to, or affects the following benefits:

             (A) age pension;
             (B) disability support pension;
             (C) carer payment;
             (D) benefits payable to widowed persons; and
             (E) double orphan pension.

          (ii) with regard to Part II only, the law concerning the superannuation guarantee: the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations provided that this Agreement shall not extend the application of that law; and

 (b) in relation to Austria:

          (i) the legislation concerning pension insurance with the exception of the insurance for notaries; and

          (ii) with regard to Part II only, the legislation concerning sickness insurance and accident insurance.

2. Except as otherwise provided in paragraph 3 this Agreement shall also apply to any legislation which supersedes, replaces, amends, supplements or consolidates the legislation specified in paragraph 1.

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