Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:14:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 14 (pt 1/25)
Character Range: 453133–456173

Schedule 14—Germany
Note: See section 5.

PART A

AGREEMENT ON SOCIAL SECURITY BETWEEN AUSTRALIA AND THE FEDERAL REPUBLIC OF GERMANY

AUSTRALIA AND THE FEDERAL REPUBLIC OF GERMANY (the "Contracting Parties")

DESIRING to strengthen the existing friendly relations between the two States and resolved to regulate their relations in the field of social security:

HAVE AGREED as follows:

PART I
GENERAL PROVISIONS

Article 1
Definitions
1. For the purposes of this Agreement,
 (a) "national" means,
          as regards the Federal Republic of Germany, a German citizen within the meaning of the Basic Law (Grundgesetz) for the Federal Republic of Germany; and
          as regards Australia, a citizen of Australia;
 (b) "legislation" means,
          as regards the Federal Republic of Germany, the laws, regulations and other general legislative acts related to the branches of social security specified in paragraph 1(a) of Article 2; and
          as regards Australia, the laws specified in subparagraph 1(b) of Article 2;
 (c) "competent authority" means,
          as regards the Federal Republic of Germany, the Federal Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Sozialordnung); and
          as regards Australia, the Secretary to the Commonwealth Department responsible for the laws specified in subparagraph 1(b) of Article 2;
 (d) "institution" means,
          as regards the Federal Republic of Germany, the institution or authority responsible for the application of the legislation specified in paragraph 1(a) of Article 2; and
          as regards Australia, the institution or agency responsible for the administration of the laws specified in subparagraph 1(b) of Article 2;
          (e) "German period of coverage" means a period of contributions or any other period insofar as it is, under the German legislation, equivalent to a period of contributions for the purposes of benefit entitlement;
          (f) "period of Australian working life residence" means a period defined as such in the Australian legislation;
          (g) "benefit" means, in relation to a Contracting 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 pension, benefit or allowance;
          (h) "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;
          (i) "carer payment" means, in relation to Australia a carer payment payable to the partner of a person who is in receipt of an Australian disability support pension or age pension.
    2. Any term not defined in paragraph 1 has the meaning assigned to it in the applicable legislation.

Article 2
Legislative scope
    1. Unless otherwise provided in this Agreement, it shall apply:
          (a) as regards the Federal Republic of Germany, to the legislation