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13169 Australia - Agreement on Social Security


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13169

 

 

SOCIAL SECURITY

 

 


Agreement Between the
UNITED STATES OF AMERICA
and AUSTRALIA

 

 

Signed at Canberra September 27, 2001

with

Administrative Arrangement

 

 

 

 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

AUSTRALIA

Social Security

Agreement signed at Canberra September 27, 2001;
Entered into force October 1, 2002.
With administrative arrangement.

AGREEMENT
BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA
AND
THE GOVERNMENT OF AUSTRALIA
ON
SOCIAL SECURITY
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The Government of the United States of America and the Government of Australia
(hereinafter "the Parties"),
Being desirous of regulating the relationship between their two countries with
respect to social security benefits and coverage, have agreed as follows:
PART I
General Provisions
Article 1
Definitions
1. For the purpose of this Agreement:
(a) "Agency" means,
as regards the United States, the Social Security Administration,
and
as regards Australia, the institution or agency responsible for the
administration of the laws;
(b) "benefit" means, in relation to a Party, a benefit, pension or
allowance for which provision is made in the laws of that Party, and
includes any additional amount, increase or supplement for which a
beneficiary is qualified but, for Australia, does not include any
benefit, payment or entitlement under the law concerning the
superannuation guarantee;
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(c) "carer payment" means, in relation to Australia, a carer payment
payable to the partner of a person in receipt of an Australian benefit;
(d) "Competent Authority" means,
as regards the United States, the Commissioner of Social Security,
and
as regards Australia, the Secretary of the Commonwealth
Department responsible for the laws specified in subparagraph
1(b)(i) of Article 2 except in relation to the application of Part II of
the Agreement (including the application of other Parts of the
Agreement as they affect the application of that Part) where it
means the Commissioner of Taxation or an authorized
representative of the Commissioner;
(e) "laws" means,
as regards the United States, the laws and regulations specified in
subparagraph 1(a) of Article 2; and
as regards Australia, the laws specified in subparagraph 1(b)(i) of
Article 2 except in relation to the application of Part II of the
Agreement (including the application of other Parts of the
Agreement as they affect the application of that Part) where it
means the laws specified in subparagraph 1(b)(ii) of Article 2;
(f) "national" means,
as regards the United States, a national of the United States as
defined in Section 101, Immigration and Nationality Act, as
amended, and
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as regards Australia, a citizen of Australia;
(g) "period of Australian working life residence", in relation to a
person, means, unless otherwise provided in this Agreement, a
period:
(i) defined as such in the laws of Australia; and
(ii) during which the person was employed or self-employed or
the person's employer was subject to the laws specified in
subparagraph 1(b)(ii) of Article 2;
but does not include any United States period of coverage deemed
pursuant to Article 9 to be a period in which that person was an
Australian resident.
(h) "social security laws" means, in relation to Australia, all the Acts
forming the social security law without any limitation, including the
limitation imposed by Article 2;
(i) "United States period of coverage" means a period credited as a
quarter of coverage under the laws of the United States, or any
equivalent period that may be used to establish the right to a benefit
under the laws of the United States;
(j) "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.
2. Any term used in this Agreement and not defined in this Article shall have
the meaning assigned to it in the applicable laws.
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Article 2
Scope
1. For the purpose of this Agreement, the applicable laws are:
(a) As regards the United States, the laws governing the Federal old-
age, survivors, and disability insurance program:
Title II of the Social Security Act and regulations pertaining
thereto, except sections 226, 226A and 228 of that title and
regulations pertaining to those sections,
Chapters 2 and 21 of the Internal Revenue Code of 1986 and
regulations pertaining to those chapters;
(b) As regards Australia,
(i) the Acts forming the social security law insofar as the law
provides for, applies to or affects the following benefits:
(A) age pension;
(B) disability support pension for the severely disabled;
(C) pensions payable to widowed persons; and
(D) carer payment.
(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).
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2. Notwithstanding the provisions of paragraph 1(b), this Agreement shall
apply to women who are receiving wife pension at the date this Agreement
comes into force and who are the wives of
(a) persons receiving age pension; or
(b) persons receiving disability support pension for the severely
disabled.
3. Unless otherwise provided in this Agreement, the laws referred to in
paragraph 1 shall not include treaties or other international agreements on
social security that may be concluded between one of the Parties and a third
State, or laws or regulations promulgated for their specific implementation.
4. This Agreement shall also apply to future laws which amend or supplement
the laws specified in paragraph 1 of this Article.
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 laws of Australia, or
(c) is or has been subject to the laws of the United States
and, where applicable, to other persons in regard to the rights they derive
from a person described above.
Article 4
Equality of Treatment
Persons designated in Article 3 who reside in the territory of a Party shall receive
equal treatment with nationals of that Party in the application of its laws regarding
eligibility for and the payment of benefits.
Article 5
Export of Benefits
1. Unless otherwise provided in this Agreement, any provision of the laws of
a Party which restricts entitlement to or payment of benefits solely because
the person resides outside or is absent from the territory of that Party shall
not be applicable to the persons who reside in the territory of the other
Party.
2. Where the laws of a Party provide or allow that a benefit be payable in a
third country, then that benefit, when payable by virtue of Part III, is also
payable in that third country.
3. Where qualification for an Australian benefit is subject to limitations as to
time, then references to Australia in those limitations shall be read also as
references to the United States when that benefit is payable by virtue of this
Agreement.
4. A benefit payable by a Party by virtue of this Agreement or under its laws
shall be paid by that Party without the deduction of administrative fees and
charges by the government or the corresponding Competent Authority for
processing and paying that benefit, when the person qualifying for the
benefit is in the territory of the other Party.
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5. Any provisions of Australian laws which prohibit the payment of an
Australian benefit to a former Australian resident who:
(a) returns to Australia to again become an Australian resident;
(b) claims an Australian benefit; and
(c) departs Australia within a period specified in that law,
shall not apply to a person who receives that benefit by virtue of the
Agreement.
6. Section 202(t)(11)(E) of the Social Security Act of the United States shall
not apply to an Australian national unless he or she is a resident of the
United States, Australia or a third country with which the United States has
a Social Security agreement in force concluded pursuant to section 233 of
the Social Security Act.
PART II
Provisions Concerning Applicable Laws
Article 6
Coverage Provisions
1. This Part only applies, with respect to an employee, or the employer of that
employee, where either or both of the following circumstances occur:
(a) without the application of this Part an employee or the employer of
that employee would otherwise be covered by both the laws of
Australia and the United States;
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(b) the employee has been sent from the territory of the United States to
the territory of Australia in accordance with paragraph 3 and, based
upon documentation issued by the Agency of the United States, the
employee and employer are subject to United States laws.
2. Except as otherwise provided in this Article, a person employed within the
territory of one of the Parties and the person's employer shall, with respect
to that employment, be subject to the laws of only that Party.
3. Where a person who is normally employed in the territory of one Party by
an employer in that territory is sent by that employer to the territory of the
other Party for a temporary period, the person and the person's employer
shall be subject to the laws of only the first Party as if the employee were
employed in the territory of the first Party provided that the period of
employment in the territory of the other Party is not expected to and does
not exceed 5 years. After 5 years, any further period of employment shall
be subject to the laws of the other Party.
4. For the purposes of applying paragraph 3 in the case of an employee who is
sent from the territory of the United States by an employer in that territory
to the territory of Australia, that employer and an affiliated company of the
employer (as defined under the laws of the United States) shall be
considered one and the same, provided that the employment would have
been covered under United States laws in the absence of this Agreement.
5. For the purposes of applying paragraph 3 in the case of an employee who is
sent from the territory of Australia by an employer in that territory to the
territory of the United States, that employer and a related entity of the
employer shall be considered one and the same. An entity is a related
entity of an employer if the entity and the employer are members of the
same wholly or majority owned group.
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6. Paragraph 3 shall apply where a person who has been sent by his or her
employer from the territory of a Party to the territory of a third State is
subsequently sent by that employer from the territory of the third State to
the territory of the other Party.
7. Where a person who is a resident of the United States works in the capacity
of a self-employed person, the person shall be subject to the laws of only
the United States.
8. Where a national of the United States who is a resident of Australia works
in the capacity of a self-employed person, the person shall not be subject to
the laws of the United States.
9. Where the same activity is considered to be self-employment under the
laws of one Party and employment under the laws of the other Party, that
activity shall be treated according to the provisions of this Article
concerning self-employment.
10. A person, or that person's employer, who would otherwise be covered
under the laws of both Parties with respect to employment of that person as
an officer or member of a crew on a ship or aircraft shall, with respect to
that employment, be subject only to the laws of the Party of which that
person is a resident.
11. This Agreement shall not affect the provisions of the Vienna Convention
on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on
Consular Relations of April 24, 1963.
12. If an employee:
(i) is subject to the laws of one Party ("the first Party");
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(ii) was sent, whether before, on or after the entry into force of this
Agreement, by the Government of the first Party to work in the
territory of the other Party ("the second Party");
(iii) is working in the territory of the second Party in the employment of
the Government of the first Party;
(iv) is not working permanently in the territory of the second Party; and
(v) is not exempt from the laws of the second Party by virtue of the
conventions mentioned in paragraph 11;
the Government of the first Party and the employee shall be subject only to
the laws of the first Party, and, if the spouse of the employee also meets the
conditions specified in subparagraphs (iii)-(v), the spouse and the
Government of the first Party shall be subject only to the laws of the first
Party for that employment. For the purposes of this paragraph,
"Government" includes, in relation to the United States, an instrumentality
of the United States and, in relation to Australia, a political subdivision or
local authority of Australia.
13. The Competent Authorities of the two Parties may for the purposes of this
Article by agreement in writing:
(a) extend the period of 5 years referred to in paragraph 3 for any
employee; or
(b) provide that an employee is deemed to work in the territory of a
particular Party or on a ship or aircraft in international traffic under
the laws of a particular Party and is subject only to the laws of that
Party.
14. Any agreement made under paragraph 13 may apply to either or both of the
following:
(a) a class of employees;
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(b) particular work or a particular type of work (including work that has
not occurred at the time such agreement is made).
PART III
Provisions on Benefits
Article 7
United States Benefits
1. Where a person has completed at least six quarters of coverage under
United States laws, but does not have sufficient periods of coverage to
satisfy the requirements for entitlement to benefits under United States
laws, the Agency of the United States shall take into account, for the
purpose of establishing entitlement to benefits under this Article, periods of
Australian working life residence which do not coincide with periods of
coverage already credited under United States laws.
2. In determining eligibility for benefits under paragraph 1 of this Article, the
Agency of the United States shall credit one quarter of coverage for every
three months of Australian working life residence certified by the Agency
of Australia; however, no period of Australian working life residence shall
be credited for any calendar quarter already credited as a quarter of
coverage under United States laws. The total number of quarters of
coverage to be credited for a year shall not exceed four.
3. Where entitlement to a benefit under United States laws is established
according to the provisions of paragraph 1, the Agency of the United States
shall compute a pro rata Primary Insurance Amount in accordance with
United States laws based on (a) the person's average earnings credited
exclusively under United States laws and (b) the ratio of the duration of the
person's periods of coverage completed under United States laws to the
duration of a coverage lifetime as determined in accordance with
United States laws. Benefits payable under United States laws shall be
based on the pro rata Primary Insurance Amount.
4. Entitlement to a benefit from the United States which results from
paragraph 1 shall terminate with the acquisition of sufficient periods of
coverage under United States laws to establish entitlement to an equal or
higher benefit without the need to invoke the provision of paragraph 1 of
this Article.
Article 8
Residence or Presence in the United States or a Third State for Australian Benefits
1. Where a person would be qualified under the laws of Australia or by virtue
of this Agreement for a benefit except for not being an Australian resident
and in Australia on the date on which the claim for that benefit is lodged,
but:
(a) is an Australian resident or residing in the United States or a third
State with which Australia has concluded an agreement on social
security that includes provision for cooperation in the assessment
and determination of claims for benefits; and
(b) is in Australia, or the United States or that third State,
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that person, so long as he or she has been an Australian resident at some
time, shall be deemed, for the purpose of lodging that claim, to be an
Australian resident and in Australia on that date.
2. For the purposes of qualification for a carer payment as defined in this
Agreement, which is payable by virtue of this Agreement, a person who is
in the United States shall be regarded as being in Australia.
Article 9
Totalization in Relation to Australian Benefits
1. Where a person to whom this Agreement applies has claimed an Australian
benefit under this Agreement and has accumulated:
(a) a period as an Australian resident that is less than the period
required to qualify that person, on that ground, for that benefit
under the laws of Australia;
(b) a period of Australian working life residence equal to or greater
than the period identified in accordance with paragraph 4 for that
person; and
(c) a United States period of coverage,
then for the purposes of a claim for that Australian benefit, that United
States period of coverage shall be deemed, only for the purposes of meeting
any minimum qualifying periods for that benefit set out in the laws of
Australia, to be a period as an Australian resident.
2. For the purposes of paragraph 1, where a person:
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(a) has been an Australian resident for a continuous period which is
less than the minimum continuous period required by the laws of
Australia for entitlement of that person to a benefit; and
(b) has accumulated United States periods of coverage in two or more
separate periods that equal or exceed in total the period referred to
in subparagraph (a),
the total of the United States periods of coverage shall be deemed to be one
continuous period.
3. For all purposes of this Article, where a period as an Australian resident
and a United States period of coverage coincide, the period of coincidence
shall be taken into account once only by Australia as a period as an
Australian resident but when it is not possible for the United States Agency
to determine the time when specific periods of coverage were completed in
any one calendar year, it shall be assumed that those periods of coverage do
not coincide with periods in that year as an Australian resident but in no
case shall the total of all those periods exceed one calendar year.
4. The minimum period of Australian working life residence to be taken into
account for the purposes of paragraph 1 shall be:
(a) for the purposes of an Australian benefit that is payable to a person
who is outside Australia, the minimum period required shall be 12
months, of which at least 6 months must be continuous; and
(b) for the purpose of an Australian benefit that is payable to a person
who is in Australia, there shall be no minimum period.
Article 10
Calculation of Australian Pro-Rata Benefits
1. Subject to paragraphs 2, 3 and 4, where an Australian benefit is payable by
virtue of this Agreement or otherwise, to a person who is outside Australia
the rate of that benefit shall be determined according to the laws of
Australia but, when assessing the income of that person for the purposes of
calculating the rate of the Australian benefit, only a proportion of any
United States benefit paid to that person under the laws specified in Article
2(1)(a) shall be regarded as income. That proportion shall be calculated by
multiplying the number of whole months accumulated by that person in a
period of working life residence in Australia (not exceeding 300) by the
amount of that United States benefit and dividing that product by 300.
2. A person referred to in paragraph 1 shall be entitled to receive the
concessional assessment of income described in that paragraph only for any
period during which the rate of that person's Australian benefit is
proportionalized under the laws of Australia.
3. When an Australian benefit is payable by virtue of this Agreement or
otherwise to a person who is outside Australia, benefits payable under the
Supplemental Security Income program of the United States and other
benefits of a similar character payable under the laws of the United States
or any political subdivision thereof shall not be counted as income for the
purposes of calculating the rate of an Australian benefit.
4. The provisions in paragraphs 1 and 3 shall continue to apply for 26 weeks
where a person returns temporarily to Australia.
5. Subject to the provisions of paragraphs 6 and 7, where an Australian benefit
is payable by virtue of this Agreement to a person who is in Australia, the
rate of that benefit shall be determined by:
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(a) calculating that person's income according to the laws of Australia
but disregarding in that calculation any United States benefit
received by that person and by the partner of that person;
(b) deducting the amount of the United States benefit received by that
person from the maximum rate of that Australian benefit; and
(c) applying to the remaining benefit obtained under subparagraph (b)
the relevant rate calculation set out in the laws of Australia, using as
the person's income the amount calculated under subparagraph (a).
6. The provisions in paragraph 5 shall continue to apply for 26 weeks where a
person departs temporarily from Australia.
7. Where the rate of a benefit calculated in accordance with paragraph 5 is
less than the rate of that benefit which would be payable under paragraph 1
if the person concerned were outside Australia, the first-mentioned rate
shall be increased to an amount equivalent to the second-mentioned rate.
8. Where a member of a couple is, or both that person and his or her partner
are, entitled to a United States benefit or benefits, each of them shall be
deemed, for the purpose of paragraphs 1 and 5 and for the laws of
Australia, to be entitled to half of either the amount of that benefit or total
of both of those benefits, as the case may be.
Article 11
Australian Working Life Residence
For the purposes of Articles 9 and 10, a period of Australian working life residence
in relation to a person means a period defined as such in the laws of Australia.
PART IV
Miscellaneous Provisions
Article 12
Administrative Arrangements
The Competent Authorities of the two Parties shall:
(a) make all necessary administrative arrangements for the
implementation of this Agreement and designate liaison agencies;
(b) communicate to each other information concerning the measures
taken for the application of this Agreement; and
(c) communicate to each other, as soon as possible, information
concerning all changes in their respective laws which may affect the
application of this Agreement.
Article 13
Exchange of Information and Mutual Assistance
1. The Competent Authorities and the Agencies of the Parties, within the
scope of their respective authorities, shall assist each other in implementing
this Agreement. This assistance shall be free of charge, subject to
exceptions to be agreed upon in an administrative arrangement.
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2. Unless otherwise required by the national statutes of a Party, information
about an individual which is transmitted in accordance with the Agreement
to that Party by the other Party shall be used exclusively for purposes of
implementing the Agreement. Such information received by a Party shall
be governed by the national statutes of that Party for the protection of
privacy and confidentiality of personal data.
3. In no case shall paragraphs 1 or 2 be construed so as to impose on the
Competent Authority or an Agency of a Party the obligation:
(a) to carry out administrative measures at variance with the statutes or
the administrative practice of that or of the other Party; or
(b) to furnish information which is not obtainable under the statutes or
in the normal course of the administrative practice of that or of the
other Party.
Article 14
Documents
1. Where the laws of a Party provide that any document which is submitted to
the Competent Authority or Agency of that Party shall be exempted, wholly
or partly, from fees or charges, including consular and administrative fees,
the exemption shall also apply to corresponding documents which are
submitted to the Competent Authority or Agency of the other Party in the
application of this Agreement.
2. Documents and certificates which are presented for purposes of this
Agreement shall be exempted from requirements for authentication by
diplomatic or consular authorities.
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3. Copies of documents which are certified as true and exact copies by the
Agency of one Party shall be accepted as true and exact copies by the
Agency of the other Party, without further certification. The Agency of
each Party shall be the final judge of the probative value of the evidence
submitted to it from whatever source.
Article 15
Correspondence
The Competent Authorities and Agencies of the Parties may correspond directly
with each other and with any person wherever the person may reside whenever it is
necessary for the administration of this Agreement.
Article 16
Applications for Benefits
1. A written application for benefits filed with the Agency of one Party shall
protect the rights of the claimants under the laws of the other Party if the
applicant requests that it be considered an application under the laws of the
other Party.
2. If an applicant has filed a written application for benefits with the Agency
of one Party and has not explicitly requested that the application be
restricted to benefits under the laws of that Party, the application shall also
protect the rights of the claimants under the laws of the other Party if the
applicant provides information at the time of filing indicating that the
person on whose record benefits are claimed has completed periods under
the laws of the other Party, as defined in subparagraphs 1(g)(i) or 1(i) of
Article 1.
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3. The provisions of Part III shall apply to benefits under United States laws
only if an application is filed on or after the date this Agreement enters into
force.
Article 17
Determination of Claims
1. In determining the eligibility or entitlement of a person to a benefit by
virtue of this Agreement:
(a) a period as an Australian resident and a United States period of
coverage; and
(b) any event which is relevant to that eligibility or entitlement,
shall, subject to this Agreement, be taken into account to the extent that
those periods or those events are applicable in regard to that person and
whether they were accumulated or occurred before, on or after the date on
which this Agreement enters into force. However, neither Party shall take
into account such periods of coverage or residence that occurred prior to
the earliest date for which periods of coverage or residence may be credited
under its laws.
2. Where:
(a) a benefit is paid by the United States to a person in respect of a past
period whether by virtue of this Agreement or otherwise; and
(b) for all or part of that period, Australia has paid to that person a
pension, benefit or allowance under its social security laws; and
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(c) the amount of the pension, benefit or allowance paid by Australia
would have been reduced had the benefit paid by the United States
been paid during that period;
then
(d) the amount that would not have been paid by Australia had the
benefit described in subparagraph (a) been paid on a periodical
basis throughout that past period, shall be a debt due by that person
to Australia and may be recovered by Australia; and
(e) Australia may recover all or part of that debt under the provisions of
the Acts forming the social security law of Australia.
3. This Agreement shall not establish any claim to payment of a benefit for
any period before the date of the entry into force of the Agreement, or to a
lump-sum death benefit under United States laws if the person died before
the date of entry into force of the Agreement.
Article 18
Prescribed Time Limits and Appeals
1. Any claim, notice or written appeal which, under the laws of one Party,
must have been filed within a prescribed period with the Agency of that
Party, but which is instead filed within the same period with the Agency of
the other Party, shall be considered to have been filed on time.
2. A written appeal against a decision made by the Agency of one Party may
be validly filed with the Agency of either Party. The appeal shall be dealt
with according to the procedure and laws of the Party whose decision is
being appealed.
3. In relation to a decision made by the Agency of Australia, the reference in
paragraph 2 to a written appeal is a reference to an appeal that may be made
to an administrative body established by, or administratively for the
purposes of, the social security laws of Australia.
Article 19
Currency
1. Payments under this Agreement may be made in the currency of the Party
making the payments.
2. In case provisions designed to restrict the exchange or exportation of
currencies are introduced by either Party, the Governments of both Parties
shall immediately take measures necessary to ensure the transfer of sums
owed by either Party under this Agreement.
Article 20
Resolution of Disputes
Any disagreement regarding the interpretation or application of this Agreement
shall be resolved by consultation between the Competent Authorities.
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Article 21
Supplementary Agreements
This Agreement may be amended in the future by supplementary agreements
which, from their entry into force, shall be considered an integral part of this
Agreement. Such agreements may be given retroactive effect if they so specify.
Article 22
Review of Agreement
Where a Party requests the other to meet to review this Agreement, the Parties
shall meet for that purpose no later than 6 months after that request was made and,
unless the Parties otherwise agree, their meeting shall be held in the country to
which that request was made.
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PART V
Transitional and Final Provisions
Article 23
Transitional Provisions
1. In applying paragraph 3 of Article 6, in the case of persons who were sent
to the territory of a Party prior to the date of entry into force of this
Agreement, the period of employment referred to in that paragraph shall be
considered to begin on that date.
2. Determinations concerning entitlement to benefits which were made before
the entry into force of this Agreement shall not affect rights arising under it.
Article 24
Entry into Force and Termination
1. This Agreement shall enter into force on the first day of the third month
following the month in which notes are exchanged by the Parties through
the diplomatic channel notifying each other that all constitutional or
legislative matters as are necessary to give effect to this Agreement have
been finalized
2. Subject to paragraph 3, this Agreement shall remain in force until the
expiration of 12 months from the date on which either Party received from
the other a note through the diplomatic channel indicating the intention of
the other Party to terminate this Agreement.
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3. In the event that this Agreement is terminated in accordance with paragraph
2, the Agreement shall continue to have effect in relation to the benefit
entitlements of all persons who:
(a) at the date of termination, are in receipt of benefits; or

(b) prior to the expiry of the period referred to in that paragraph, have
lodged claims for, and would be entitled to receive, benefits by
virtue of this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have
signed the present Agreement.
DONE in duplicate at Canberra this twenty seventh day of September 2001.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF
UNITED STATES OF AMERICA: AUSTRALIA:
ADMINISTRATIVE ARRANGEMENT
FOR THE IMPLEMENTATION OF THE AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF AUSTRALIA
ON SOCIAL SECURITY
The Competent Authority of the United States of America and
the Competent Authority of Australia,
In conformity with Article 12, paragraph (a), of the Agreement between the United States
of America and Australia on Social Security of this date, hereinafter referred to as the
"Agreement", have agreed as follows:
CHAPTER I
General Provisions
Article 1
The terms used in this Administrative Arrangement shall have the same meaning as in the
Agreement.
Article 2
1. The liaison agencies referred to in Article 12, paragraph (a), of the Agreement shall
be:
(a) for the United States, the Social Security Administration,
(b) for Australia, Centrelink, except in relation to the application of Part II of
the Agreement (including the application of other Parts of the Agreement
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3
as they affect the application of that Part) where it means the Australian
Taxation Office.
2. The liaison agencies designated in paragraph 1 shall agree upon the joint
procedures and forms necessary for the implementation of the Agreement and this
Administrative Arrangement.
CHAPTER II
Provisions on Coverage
Article 3
1. Where the laws of a Party are applicable in accordance with any of the provisions
of Article 6 of the Agreement, the Agency of that Party, upon request of the
employer or self-employed person, shall, in circumstances agreed upon by the
Parties, issue a certificate stating that the employee, or the employer with respect
to that employee, or self-employed person is subject to those laws and indicating
the duration for which the certificate shall be valid. This certificate shall be proof
that the named worker and the employer in respect of the named worker are
exempt from the laws on compulsory coverage of the other Party.
2. The certificate referred to in paragraph 1 shall be issued:
(a) in the United States, by the Social Security Administration,
(b) in Australia, by the Commissioner of Taxation or an authorized
representative of the Commissioner.
4
3. The Agency of a Party which issues a certificate referred to in paragraph 1 shall
furnish a copy of the certificate or agreed details of the certificate to the liaison
agency of the other Party as needed by the latter Agency.
CHAPTER III
Provisions on Benefits
Article 4
1. Applications for benefits under the Agreement shall be submitted on forms to be
agreed upon by the liaison agencies of the two Parties.
2. The Agency of the Party with which an application for benefits is first filed in
accordance with Article 16 of the Agreement shall provide the liaison agency of
the other Party with such evidence and other information as may be required to
complete action on the claim.
3. The Agency of a Party which receives an application that was first filed with an
Agency of the other Party shall without delay provide the liaison agency of that
other Party with such evidence and other available information as may be required
for it to complete action on the claim.
4. The Agency of the Party with which an application for benefits has been filed shall
verify the information pertaining to the applicant and the applicant's family
members. The types of information to be verified shall be agreed upon by the
liaison agencies of both Parties.
CHAPTER IV
Miscellaneous Provisions
Article 5
In accordance with measures to be agreed upon pursuant to Article 2, paragraph 2, of this
Administrative Arrangement, the Agency of one Party shall, upon request of the Agency
of the other Party, furnish available information relating to the claim of any specified
individual for the purpose of administering the Agreement.
Article 6
The liaison agencies of the two Parties shall exchange statistics on the number of
certificates issued under Article 3 of this Administrative Arrangement and on the
payments made to beneficiaries under the Agreement. These statistics shall be furnished
annually in a form to be agreed upon.
Article 7
1. Where administrative assistance is requested under Article 13 of the Agreement,
expenses other than regular personnel and operating costs of the Agency providing
the assistance shall be reimbursed, except as may be agreed to by the Competent
Authorities or liaison agencies of the Parties.
5
6
2. Upon request, the liaison agency of either Party shall furnish without cost to the
liaison agency of the other Party any medical information and documentation in its
possession relevant to the disability of the claimant or beneficiary.
3. Where the Agency of a Party requires that a person in the territory of the other
Party who is receiving or applying for benefits under the Agreement submit to a
medical examination, such examination, if requested by that Agency, shall be
arranged by the liaison agency of the other Party in accordance with the rules of
the Agency making the arrangements and at the expense of the Agency which
requests the examination.
4. The liaison agency of one Party shall reimburse amounts owed under paragraph 1
or 3 of this Article upon presentation of a statement of expenses by the liaison
agency of the other Party.
Article 8
This Administrative Arrangement shall enter into force on the date of entry into force of
the Agreement and shall have the same period of validity.
DONE in duplicate at Canberra on this twenty seventh day of September 2001.
For the Competent Authority
of the United States of America:
For the Competent Authority of
Australia:



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