Statutory Instrument 1992 No. 1312

The Social Security (Australia) Order 1992

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© Crown Copyright 1992

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1992 No. 1312

SOCIAL SECURITY

The Social Security (Australia) Order 1992

At the Court at Buckingham Palace, the 4th day of June 1992

Present,

The Queen's Most Excellent Majesty in Council

Whereas at London on 1st October 1990 an Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia (which Agreement is set out in Schedule 1 to this Order and is hereinafter referred to as "the Agreement")^[1] was signed on behalf of those Governments:

And Whereas by Article 25(1) of the Agreement it is provided that the Agreement shall enter into force on a date to be specified in Notes exchanged through the Diplomatic Channel by the Parties to the Agreement notifying each other that all matters as are necessary to give effect to the Agreement have been finalised:

And Whereas at Canberra on 22nd April 1992 Notes were exchanged on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia (which Notes are set out in Schedule 2 to this Order) specifying that the Agreement shall enter into force on 29th June 1992:

And Whereas the provisions in the said Agreement were modified by an Exchange of Notes^[2](which Notes are set out in Schedule 3 to this Order) which specify that the amendments to the Agreement shall enter into force on 29th June 1992:

And Whereas by section 143 of the Social Security Act 1975^[3] and section 15(1) of the Child Benefit Act 1975^[4] it is provided that Her Majesty may by Order in Council make provision for modifying or adapting the said Social Security Act and for modifying the provisions of Part I of the said Child Benefit Act and regulations made under it in their application to cases affected by agreements with other Governments providing for reciprocity in matters specified in those sections:

And Whereas by virtue of section 166(4) of the Social Security Act 1975 any Order in Council made under the said section 143 may be varied by a subsequent Order in Council made under that section:

Now, therefore, Her Majesty in pursuance of the powers conferred by the said section 143 and the said section 15(1), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement
    1.    This Order may be cited as the Social Security (Australia) Order 1992 and shall come into force on 29th June 1992.

Modification of Acts
    2.    The Social Security Act 1975 and Part I of the Child Benefit Act 1975 and any regulations made under it shall be modified to such extent as may be required to give effect to the provisions contained in the Agreement so far as the same relate to England, Wales and Scotland.

Revocation and variation of Orders
    3.—(1)  The Family Allowances and National Insurance (Australia) Order 1958^[5], the Family Allowances and National Insurance (Australia) Order 1962^[6], the Social Security (Australia) Order 1975^[7], and the Social Security (Australia) Order 1987^[8] are hereby revoked.

    (2)  The National Insurance (Australia and New Zealand) Order 1964^[9] is hereby revoked insofar as it relates to Australia.

    (3)  The reference to the Family Allowance and National Insurance (Australia) Order 1958 and to the Family Allowances and National Insurance (Australia) Order 1962 shall be omitted in the Schedule to the Social Security (Reciprocal Agreements) Order 1979^[10] and the reference to all the Orders set out in paragraph (1) of this Article shall be omitted in the Schedule to the Social Security (Reciprocal Agreements) Order 1988^[11].

G. I. de Deney

Clerk of the Privy Council

[1] see Cmnd. 1589. back

[2] see Cmnd. 1955. back

[3] 1975 c. 14. Section 143 was amended by section 20(1) of the Social Security (Miscellaneous Provisions) Act 1977 (c. 5) and by section 65(2) of and Schedule 11 to the Social Security Act 1986 (c. 50). Subsection (1A) was inserted by section 6(1) of the Social Security Act 1981 (c. 33). back

[4] 1975 c. 61. Section 15(1) was amended by section 20(2) of the Social Security (Miscellaneous Provisions) Act 1977 and by Section 65(3) of and Schedule 11 to the Social Security Act 1986. Subsection (1A) was inserted by section 6(2) of the Social Security Act 1981. back

[5] S.I. 1958/422. back

[6] S.I. 1962/1869. back

[7] S.I. 1975/812. back

[8] S.I. 1987/935. back

[9] S.I. 1964/495. back

[10] S.I. 1979/290. back

[11] S.I. 1988/591. back

Explanatory Note