PART VII-TRANSITIONAL AND FINAL PROVISIONS

 

	ARTICLE 31-RECOGNITION OF PRIOR PERIODS AND EVENTS
	ARTICLE 32-DECISIONS AND CLAIMS MADE BEFORE THE ENTRY INTO FORCE
	ARTICLE 33-REVIEW OF AGREEMENT
	ARTICLE 34-ENTRY INTO FORCE AND TERMINATION

Article 31-Recognition of Prior Periods and Events

 

1.         This Agreement shall also apply to contingencies which materialised before the date of its entry into force.

 

2.         This Agreement shall not confer any rights to the payment of benefits in respect of periods before its entry into force.

 

3.         For the purposes of determining entitlement of a person to a benefit pursuant to this Agreement:

 

(a)

in relation to Switzerland, account shall also be taken of all Swiss insurance periods completed before the entry into force of this Agreement;

 

(b)

in relation to Australia, any events or facts and any periods

 

(i)

as an Australian resident;

 

(ii)

of Australian working life residence; or

 

(iii)

of Swiss insurance,

 

            shall, subject to this Agreement, be taken into account in so far as those periods, events or facts are applicable in regard to that person regardless of when they occurred or were accumulated.

 

4.         This Agreement shall not apply to claims which have been settled by a lump sum or the refund of contributions before its entry into force.

 

Article 32-Decisions And Claims Made Before The Entry Into Force

 

1.            Decisions made before the entry into force of this Agreement shall not prevent the application of this Agreement.

 

2.         Claims which were determined before the entry into force of this Agreement shall on request be re‑examined in accordance with this Agreement.

 

3.            Revisions carried out by virtue of this Article shall not result in a reduction in the amount of benefit being paid before the revisions.

 

4.         Subject to paragraph 2 of Article 31, in the case of claims which are being examined under paragraph 2, the prescribed time limits for lodgement of claims and periods for statute‑barring in accordance with the legislations of the Contracting States shall not commence before this Agreement enters into force.

 

Article 33-Review of Agreement

 

Where a Contracting State requests the other to meet to review this Agreement the Contracting States shall meet for that purpose as soon as possible and, unless the Contracting States otherwise agree, their meeting shall be held in the territory of the Contracting State to which the request was made.

 

Article 34-Entry Into Force And Termination

 

1.         This Agreement shall enter into force on the first day of the month following the month in which notes are exchanged by the Contracting States through the diplomatic channel notifying each other that all constitutional or legislative matters as are necessary to give effect to this Agreement have been finalised. The Agreement is concluded for an indefinite period.

 

2.         Except where the Agreement has been terminated under Article 60 of the Vienna Convention on the Law of Treaties of 23 May 1969 and 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.

 

3.         In the event that this Agreement is terminated in accordance with paragraph 2:

 

(a)

the Agreement shall continue to have effect in relation to all persons who:

 

(i)

at the date of termination, are in receipt of benefits by virtue of this Agreement;

 

(ii)

prior to the expiry of the period referred to in paragraph 2, have lodged claims for, and would be entitled to receive benefits by virtue of this Agreement; or

 

(iii)

immediately before the date of termination, are subject only to the legislation of one Contracting State by virtue of Article 8 of this Agreement provided that the employee continues to satisfy the criteria of that Article;

 

(b)

entitlements in the process of being acquired pursuant to the provisions of this Agreement may be settled by agreement.

 

 

 

 

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

 

 

 

 

DONE in two copies at Canberra this ninth day of October, two thousand and six in the English and French languages, both texts being equally authoritative.

 

 

 

 

 

FOR THE GOVERNMENT OF AUSTRALIA	FOR THE SWISS FEDERAL COUNCIL
Mal Brough	Pascal Couchepin
Minister for Families, Community Services and Indigenous Affairs	Head of the Federal Department of Home Affairs

 

History

The Agreement entered into force on 1 January 2008 being inserted by Item 1 of Schedule 1 of the Social Security (International Agreements) Act 1999 Amendment Regulations 2007 (No. 1) (Select Legislative Instrument 2007 No. 144);