Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:9:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 9 (pt 3/15)
Character Range: 293221–296438

legislation of that Party.

ARTICLE 2
Legislative Scope

    1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws 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 the following benefits:

              ‑ age pension;
              ‑ disability support pension for the severely disabled;
              ‑ wife pension;
              ‑ carer payment;
              ‑ pensions payable to widows;
              ‑ bereavement allowance;
              ‑ additional child amount;
              ‑ double orphan 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 Portugal:

              (i) the legislation relating to the general scheme (including the voluntary social insurance scheme) and the special schemes (excluding provisions for civil servants or persons treated as such) of the social security system in respect of the following benefits:

               ‑ old age pension;
               ‑ invalidity pension;
               ‑ survivors' pension and death grant;
               ‑ supplement for care;
               ‑ sickness and maternity benefits;
               ‑ unemployment benefit;
               ‑ funeral grant; and
               ‑ family allowance for children and young people of pensioners;

              (ii) the legislation relating to work injuries and occupational diseases pensions; and

              (iii) the legislation relating to the non‑contributory scheme in respect of old age, invalidity and survivors' pensions and supplement for care.

    2. Unless otherwise provided in this Agreement, the laws referred to in paragraph 1 shall not include any treaty or other international Agreement or supra‑national legislation on social security which may be in force between either Party and a third State or third States, or laws or regulations promulgated for their specific implementation.

    3. This Agreement shall also apply to any laws and regulations which extend the existing legislation to new categories of beneficiaries if the Government of the Party concerned does not notify of an objection in writing to the Government of the other Party within 6 months from the official publication of those laws and regulations.

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 Portugal;

and, where applicable, to other persons in regard to the rights they derive from the person described in this Article.

ARTICLE 4
Equality of Treatment

Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations regarding eligibility for and