Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:30:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 30 (pt 2/12)
Character Range: 996752–999643

does not include any period deemed pursuant to Article 11 to be a period in which a person was an Australian resident;

    "residence" and "resides" mean, in relation to the Republic of Latvia, that a person has his or her place of actual residence in the territory of the Republic of Latvia, including a person who has a temporary or permanent residence permit to stay in the Republic of Latvia.

    2. In the application of this Agreement by a Party, any term not defined shall, unless the context otherwise requires, have the meaning which it has under the legislation of that Party.

Article 2
Legislative Scope

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

         (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;

             and

              (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 the Republic of Latvia:

             (i) the Law on State Social Insurance, but only to the extent that it applies to the pension insurance;

             (ii) the Law on State Pensions, but only to the extent that it applies to the old age pension and the survivor's pension, death grant and allowance for the deceased's spouse;

             (iii) the Law on State Funded Pensions, but only to the extent that it applies to the old age pension and the survivor's pension; and

             (iv) the Law on State Social Allowances, but only to the extent that it applies to the state social security benefit in cases of old age and the survivors.

    2. Subject to paragraphs 4 and 5, this Agreement shall also apply to laws and regulations which amend, supplement, consolidate or supersede the legislation specified in paragraph 1.

    3. Notwithstanding the provisions of subparagraph 1(a), this Agreement shall apply to women who are receiving an Australian wife pension at the date this Agreement comes into force and are the wives of persons receiving an Australian age pension.

    4. Notwithstanding the provisions of paragraph 1, the legislation referred to in this Article shall not include treaties or other international agreements on social security that may be concluded between one Party and a third party.

    5. This Agreement shall not apply to future legislation which extends the existing legislation of either Party to new categories of beneficiaries unless both Parties agree otherwise.

Article 3
Personal Scope

This Agreement shall apply to any person residing in the territory of either Party who:

         (a) is or has been