Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:15:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 15 (pt 2/15)
Character Range: 520413–523286

but does not include any period deemed pursuant to Article 15 to be a period in which that person was an Australian resident;

(f) "period of insurance" means, in relation to Chile, any period of contribution, as well as any other period considered as its equivalent by the Chilean legislation that forms the basis to acquire the right to a Chilean benefit;

(g) "superannuation" means a system under Australian law where by employers are required to make contributions to an approved fund in order to provide for the employee's retirement, or at the death of this employee;

(h) "territory" means,

in relation to Australia:
Australia as defined in the legislation of Australia; and

in relation to the Republic of Chile:
the scope of application of the Political Constitution of the Republic of Chile;

(i) "entity" means a related entity of an employer for the purposes of Article 8, if the entity and the employer are members of the same wholly or majority owned group.

2. Unless the context otherwise requires, any term not defined in this Agreement has the meaning assigned to it in the applicable legislation.

ARTICLE 2

Legislative Scope

1. Subject to paragraph 2, this Agreement shall apply to the following legislation and to any legislation that subsequently amends, supplements, supersedes or replaces it:

(a) in relation to Australia:

(i) the Acts and regulations forming the social security law in so far as the law provides for, applies to or affects the following benefits:

              A) age pension; and

              B) disability support pension for the severely disabled;

(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);

and

(b) in relation to the Republic of Chile, the legislation that governs:

(i) the Sistema de Pensiones for old‑age, invalidity and survivors which is based on private individuals' self‑financing;

(ii) the old‑age, invalidity and survivors' pension schemes which are administered by the Instituto de Normalización Previsional; and

(iii) for the purpose provided in Article 21, the health care benefits regime.

2. This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries only if both Parties so agree in a Protocol to this Agreement.

3. Notwithstanding the provisions of paragraph 1, the legislation of Australia and of the Republic of Chile shall not include treaties or other international agreements concluded between it and a third State.

ARTICLE 3

Personal Scope

This Agreement shall apply to any person who:

(a) is or has been an Australian resident or a resident of the Republic of Chile;

(b) is or