Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:25:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 25 (pt 2/11)
Character Range: 850958–853890

the Republic of Poland, an employee of public administration.

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

ARTICLE 2
Material Scope

1. This Agreement shall apply to the following laws:

         (1) in relation to Australia,
            (a) the Acts forming the social security law in so far as the law provides for, applies to or affects age pension,
            (b) 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;

        (2) in relation to the Republic of Poland, legislation on the compulsory coverage and the following benefits within social insurance and social insurance for farmers:
            (a) Age pensions, disability pensions, survivors pensions,
            (b) Work accidents and occupational diseases compensation and pensions,
            (c) Funeral benefits.

2. This Agreement is also applied to laws and regulations which amend, supplement or replace the legislation specified in paragraph 1.

3. 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 State.

4. This Agreement shall not apply to future legislation which extends the existing legislation of one Party to new categories of beneficiaries unless the Competent Authorities of the Parties agree otherwise within 3 months of the entry into force of such legislation.

ARTICLE 3
Personal Scope

This Agreement shall apply to any person who:
       (1) is or has been an Australian resident, or
       (2) is or has been subject to the legislation of the Republic of Poland
and, where applicable, to other persons in regard to the rights they derive from the person described above.

ARTICLE 4
Equality of Treatment

Unless otherwise provided in 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 payment of benefits which arise under the social security law of Australia or the legislation of the Republic of Poland or by virtue of this Agreement.

ARTICLE 5
Export of Benefits

1. Unless otherwise provided in this Agreement, benefits of one Party when payable by virtue of this Agreement shall be payable also to persons who are residents of , or in, the territory of either Party.

2. In relation to Australia, for the purposes of paragraph 1, any additional amount, increase or supplement that is payable under this Agreement, shall be payable to a person outside Australia only for the