Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:23:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 23 (pt 1/12)
Character Range: 790498–793666

Schedule 23 — Japan
Note:   See section 5.

Agreement between Australia and Japan on Social Security

Australia and Japan,

Being desirous of regulating the relationship between them in the field of social security,

Have agreed as follows:

Part I
General Provisions

Article 1
Definitions

1. For the purpose of this Agreement,

 (a) "territory" means,

  as regards Japan,
  the territory of Japan,

  as regards Australia,
           the territory of the Commonwealth of Australia excluding all external territories other than those external territories that are:

                (i) included in the definition of 'Australia' in the legislation of Australia; and

                (ii) one of the following external territories: the Territory of Cocos (Keeling) Islands, the Territory of Christmas Island, the Territory of Norfolk Island, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Coral Sea Islands Territory;

 (b) "national" means,

  as regards Japan,
           a Japanese national within the meaning of the national statute on nationality of Japan,

  as regards Australia,
           a citizen within the meaning of the law on citizenship of Australia;

 (c) "legislation" means,

  as regards Japan,
           the national statutes and regulations of Japan concerning the Japanese pension systems specified in paragraph 2 of Article 2,

  as regards Australia,
           the Acts specified in subparagraph 1(a) of Article 2 except in relation to the application of Articles 6 to 13 of this Agreement (including the application of other Articles of this Agreement as they affect the application of those Articles) where it means the law specified in subparagraph 1(b) of Article 2,

           however, the treaties or other international agreements on social security concluded between Australia and a third state shall not be included;

 (d) "competent authority" means,

  as regards Japan,
           any of the Governmental organisations competent for the Japanese pension systems specified in paragraph 2 of Article 2,

  as regards Australia,
           the Secretary of the Commonwealth Department responsible for the Acts specified in subparagraph 1(a) of Article 2 in relation to the application of those Acts, and the Commissioner of Taxation or an authorised representative of the Commissioner in relation to the application of the law specified in subparagraph 1(b) of Article 2;

 (e) "competent institution" means,

  as regards Japan,
           any of the insurance institutions, or any association thereof, responsible for the implementation of the Japanese pension systems specified in paragraph 2 of Article 2,

  as regards Australia,
           the institution or agency which has the task of implementing the applicable legislation of Australia;

          (f) "period of coverage under the legislation of Japan" means,

           a period of contribution under the legislation of Japan and any other period taken into account under that legislation for establishing entitlement to benefits,

           however, a period which shall be taken into account, for the