22 MAI 2005. - Act enacting the Convention on Social Security between the Kingdom of Belgium and Australia, signed in Canberra on 20 November 2002 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on Social Security between the Kingdom of Belgium and Australia, signed in Canberra on 20 November 2002, will come out with its full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 May 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Social Affairs,
R. DEMOTTE
Minister of Average Class,
Mrs. S. LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
Senate.
Documents. - Bill tabled on 14 December 2004, No. 3-959/1. - Report made on behalf of the commission, No. 3-959/2.
Annales parliamentarians. - Discussion, meeting of 17 February 2005. - Vote, meeting of 17 February 2005.
Room.
Documents. - Project transmitted by the Senate, No. 51-1621/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1621/2.
Annales parliamentarians. - Discussion, 17 maart 2005. - Vote, meeting of the 17 maart 2005.
(2) This Convention comes into force on 1^er July 2005.

Convention on Social Security between the Kingdom of Belgium and Australia
The Kingdom of Belgium and Australia, wishing to strengthen the friendly relations between the two countries and, motivated by the desire to regulate the relations of reciprocity between the two countries with regard to the subjugation of the social security regime and pensions, agreed as follows:
PART I^er. - General provisions
Definitions
Article 1^er
1. For the purposes of this Convention:
(a) The term "Belgium" refers to the Kingdom of Belgium;
The term "Australia" means the Commonwealth of Australia;
(b) The term territory means:
Concerning Belgium: the territory of the Kingdom of Belgium;
With respect to Australia: Australia as defined in Australia's legislation;
(c) The term "legislation" means:
With regard to Belgium the laws and regulations referred to in paragraph 1 A of Article 2;
With respect to Australia: the laws referred to in paragraph 1 B of Article 2;
(d) The term "competent authority" means:
With regard to Belgium: Ministers responsible, each with respect to them, for the application of the legislation referred to in paragraph 1 A of Article 2;
With respect to Australia: the Secretary to the Commonwealth Department responsible for the legislation referred to in subparagraph 1 B(a) of Article 2, and, with respect to the application of Part II of the Convention, including the application of other Titles of the Convention to the extent that they influence the application of this Title, the Commissioner of Taxes or a representative mandated by the Commissioner;
(e) The term "competent body" means:
the institution, organization or authority responsible for applying, in whole or in part, the legislation referred to in paragraph 1^er Article 2;
(f) The term "insurance period" means:
With regard to Belgium: any period recognized as such by Belgian law and any period assimilated by this legislation;
With respect to Australia: a period of Australian professional residence;
(g) With respect to Australia, the term "Australian professional residence period" (peroid of Australian working life residence) refers to a period described as such by Australian legislation, but does not include any period under section 16 as the period in which the person was an Australian resident;
(h) The term "pension" means: a benefit, pension, or allowance provided for in the legislation of that Party, including any additional amount, any increase or surcharge payable in addition to that benefit, pension, or allowance, to a person or in respect of a person, who may claim to that additional amount, to that increase or supplement, under the legislation of that Party, but with the exception nevertheless, for Australia, the benefit,
(i) With respect to Belgium, the term "family member" means any person defined or admitted as a member of the family, or designated as a member of the household, by the legislation under which pensions are granted;
(j) With regard to Belgium, the term "residence" refers to the habitual residence.
2. Any term not defined in paragraph 1 of this article shall have the meaning assigned to it by the legislation that applies.
Field of material application
Article 2
1. This Convention applies:
A. with regard to Belgium, the relevant legislation:
(a) retirement and survival pensions for workers and self-employed persons;
(b) the disability insurance of employed workers, merchant marine sailors, minor workers and self-employed persons;
and, with respect to Part II only, the relevant legislation:
(c) social security of employed workers;
(d) Social status of self-employed persons
B. with regard to Australia:
(a) the laws that constitute the "right of social security" in the Social Security Act 1991, and any regulations enacted under this Act, to the extent that these laws or regulations provide, apply, or effect on the following pensions:
(i) pension;
(ii) Assistance pension for severely disabled persons,
and, with respect to Part II, only
(b) the laws relating to the superannuation guarantee, which, at the time of signing this Convention, is part of the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations, provided that this Convention does not extend the application of these Acts.
2. This Convention shall also apply to all legislative or regulatory acts that amend, supplement or replace the legislation listed in paragraph 1 of this Article.
3. It shall apply to legislative or regulatory acts that extend existing regimes to new categories of beneficiaries, if there is no objection in this regard, to the Contracting Party that has amended its legislation, notified to the other Contracting Party within six months from the official publication of the said acts.
4. Without prejudice to the provisions of paragraph 1^erthe legislation does not include any other social security agreement concluded by either Contracting Party.
5. This Convention is not applicable to legislative or regulatory acts establishing a new social security branch.
Field of personal application
Article 3
This Convention applies to any person who:
(a) is or has been an Australian resident or is or has been subject to Australian legislation;
or
(b) is or has been subject to the legislation of Belgium,
and, where appropriate, other persons with respect to the derived rights of the aforementioned person.
Equal treatment
Article 4
Unless otherwise provided in this Convention, all persons to whom this Convention is applicable shall enjoy equal treatment in respect of a Contracting Party for the rights and obligations relating to the terms and conditions of granting and payment of pensions due directly under the legislation of that Contracting Party or due under this Convention.
Export of pensions
Article 5
1. Unless otherwise provided in this Convention, pensions acquired under the legislation of one of the Contracting Parties shall not be subject to any reduction or modification as the beneficiary resides or resides in the territory of the other Contracting Party.
2. Belgian retirement and survival pensions are paid to Australian nationals residing in the territory of a third country under the same conditions as if they were Belgian nationals residing in the territory of that third country.
3. Australian pensions payable outside Australia's territory under Australia's legislation are also payable outside the territories of both Contracting Parties when paid under this Convention.
4. Where the right to a pension of a Contracting Party is subject to time limits, references to such limitations of that Contracting Party in these limiting provisions are considered to be references to the territory of the other Contracting Party.
5. With respect to Australia, any additional amount, any increase or surcharge payable in excess of a pension under this Convention payable outside Australian territory only if that additional amount, such an increase or supplement is also payable if that pension was payable independently of this Convention.
Reduction or suspension clauses
Article 6
1. any provision for a reduction or suspension of pension under the legislation of a Contracting Party, applicable in the event of a cumulative pension with other social security pensions or with other incomes or as a result of the exercise of an employee or independent activity in the territory of that Contracting Party is also applicable to pension payable under the legislation of the other Contracting Party or to income obtained or proceeds of an independent employment or other
2. Unless otherwise provided in this Convention, this rule does not apply in the event of a cumulative pension of the same nature.
PART II. - Provisions determining the applicable legislation
Article 7
With respect to Australia, a reference in this Title to an employee shall also relate to his employer in respect of the work of the employee or the remuneration paid for that work.
General rules
Article 8
1. Subject to articles 9 to 11, the applicable legislation shall be determined in accordance with the following provisions:
(a) a person engaged in an employee or independent activity in the territory of a Contracting Party shall be subject to the legislation of that Contracting Party;
(b) if an employee works in the service of an employer on board a ship or an international transport aircraft, the employer of the employee and the employee shall be subject only in respect of the employee activity and the remuneration paid for the employee, to the legislation of the Contracting Party whose employee is a resident.
2. In the event of a simultaneous exercise of an independent professional activity in Belgium and in Australia, the activity carried out in Australia is assimilated to an employee activity carried out in Belgium, with a view to fixing the obligations arising from Belgian legislation relating to the social status of independent workers.
3. A person engaged in an independent professional activity in the territory of either Contracting Party shall be subject only to the legislation of the Contracting Party in whose territory it has its habitual residence. For the determination of the amount of income to be considered for contributions due under the legislation of that Contracting Party, consideration shall be given to the professional income of an independent worker made in the territory of the two Contracting Parties.
Special rules
Article 9
1. (a) The employee who, being in the service of a company having in the territory of one of the Contracting Parties an establishment of which he or she normally belongs, shall be detached by that undertaking in the territory of the other Contracting Party to perform work on behalf of the other Contracting Party, shall be subject only to the legislation of the first Contracting Party as if he or she continued to be occupied in his or her territory provided that the foreseeable duration of the work that he or he or she has to do not exceed
(b) The provisions of subparagraph (a) shall also apply to members of the family accompanying that person in the territory of the other Contracting Party, unless they engage in an employee or independent activity in the territory of that Party.
2. Subparagraph 1 (b) of Article 8 is not an application for the person who, being not usually occupied on the high seas, is occupied in territorial waters or in a port of one of the Contracting Parties.
Officials, members of diplomatic missions and consular posts
Article 10
1. Officials and assimilated personnel sent by the Government of a Contracting Party to the territory of the other Contracting Party shall be subject only to the legislation of the first Contracting Party. These persons are, for this purpose, considered to be resident in the territory of that Contracting Party, even if they are located in the territory of the other Contracting Party. For the purposes of this paragraph, the term "public servants" includes, for Australia, persons working for a political subdivision or local authority of Australia.
2. (a) Persons sent by the Government of a Contracting Party to the territory of the other Contracting Party as members of a diplomatic mission or consular post shall be subject only to the legislation of the first Contracting Party.
(b) Persons engaged by a diplomatic mission or consular post of one of the Contracting Parties in the territory of the other Contracting Party shall be subject only to the legislation of the latter Contracting Party.
(c) Where the diplomatic mission or consular post of one of the Contracting Parties occupies persons who, in accordance with subparagraph (b), are subject only to the legislation of the other Contracting Party, the mission or post shall take into account the obligations imposed on employers by the legislation of that Contracting Party.
(d) The provisions of subparagraphs (b) and (c) shall apply by analogy to persons occupied in the private service of a person referred to in subparagraph (a).
(e) The provisions of subparagraphs (a) to (d) shall not apply to persons who hold an honorary consular office or to persons employed in the private service of such persons.
3. The provisions of this Article shall also apply to members of the family of persons referred to in this Article, unless they carry out an employee or independent activity in the same territory as those persons.
Derogations
Article 11
The competent authorities may, by mutual agreement, for the benefit of certain persons or certain categories of persons referred to in this Title, provide for exemptions from the provisions of Articles 7 to 10.
PART III. - Provisions concerning pensions
CHAPTER 1. - Provisions concerning Belgian retirement and survival pensions
Article 12
1. (a) Subject to the provisions of paragraph 2, for the acquisition, maintenance or recovery of the right to a pension, insurance periods in accordance with Australian pension legislation are totaled as necessary provided that they do not overlap, with insurance periods under Belgian law.
(b) When two periods recognized as periods equal to an insurance period coincide, only the period completed in relation to the legislation of the Contacting Party where the Contracting Party worked before that period is taken into account.
2. When Belgian legislation subordinates, the acquisition, retention or recovery of the right to certain pensions provided that the insurance periods have been completed in a specified profession, are not totaled for admission to the benefit of such pensions, only the insurance periods performed in the same profession in Australia.
3. Where Belgian legislation subordinates, the acquisition, retention or recovery of the right to certain pensions provided that the insurance periods have been completed in a specified profession and when such periods have been unable to grant such pensions, such periods are considered valid for the determination of pensions provided for by the general pension scheme of employed workers.
Article 13
1. (a) When a person can claim a Belgian pension without the need to complete it, the competent Belgian agency calculates the right to pension directly on the basis of insurance periods in Belgium and according to the only Belgian legislation.
(b) This agency also calculates the amount of pension that would be obtained by application of the rules set out in paragraph 2. The highest amount is only retained.
2. When a person can claim a pension under Belgian legislation, whose right is only open in the light of the totalization of insurance periods in accordance with section 12, the following rules apply:
(a) the competent Belgian agency shall calculate the amount of the pension that would be payable if all insurance periods under the laws of the two Contracting Parties had been completed only under the legislation it applies;
(b) the Belgian agency then calculates the amount due, on the basis of the amount referred to in littera (a), on the basis of the duration of the insurance periods carried out under its sole legislation in relation to the duration of all insurance periods recorded under littera (a).
Article 14
1. If, due to the increase in the cost of living, the change in the level of wages or for other reasons, Australian old-age pensions are subject to a change of a percentage or amount determined, a new calculation of Belgian retirement or survival pensions is not required.
2. However, in the event of a change in the method of establishment or rules for calculating retirement or survival pensions, a new calculation shall be made in accordance with section 13.
CHAPTER 2. - Australian Old Age Pension Provisions
Residence or presence in Belgium or in a third State
Article 15
Where a person may claim an Australian pension under Australian legislation or under this Convention, except that a person is not an Australian resident and is not in Australia on the date of the introduction of the application for that pension, but:
(a) is an Australian resident or a Belgian resident or a third State with which Australia has entered into a Social Security Convention containing a provision of assistance for the introduction, examination of pension requests and decision-making; and
(b) is located in Australia, Belgium or that third State,
that person is, provided that he or she has been at any time resident in Australia, considered for the introduction of the application, as an Australian resident and is in Australia on that date.
Totalization for Australia
Article 16
1. Where a person to whom this Convention is applicable has requested an Australian pension under this Convention and has totaled:
(a) a period as an Australian resident, less than the period required for that person to be eligible under Australian legislation for that pension; and
(b) an Australian professional residence period equal to or greater than the period specified in paragraph 4 for that person; and
(c) an insurance period in Belgium;
for the application of this Australian pension, this period of insurance in Belgium is considered to be a period during which that person was an Australian resident, only in order to meet all minimum periods of time to be entitled to this pension, provided for in Australian legislation.
2. For the purposes of subsection 1, where a person:
(a) was an Australian resident for an uninterrupted period less than the minimum uninterrupted period required by Australian law for a pension; and
(b) totaled an insurance period in Belgium for two or more separate periods equal to or greater than the total minimum period referred to in subparagraph (a);
total insurance periods in Belgium are considered an uninterrupted period.
3. For the purposes of this section, where a period of time by a person as an Australian resident coincides with an insurance period in Belgium, the coincidence period is only taken into consideration by Australia as a period of residence in Australia.
4. The minimum period of Australian professional residence to be considered for the purposes of paragraph 1^er is as follows:
(a) in respect of an Australian pension due to a person who is not an Australian resident, the minimum period required is 12 months, including at least one uninterrupted period of six months; and
(b) with respect to an Australian pension due to an Australian resident, no minimum period is required.
Australian pension calculation
Article 17
1. In light of paragraph 3, where an Australian pension is payable under this Convention or other legislation to a person outside Australia, the amount of the pension is determined in accordance with Australian legislation. When assessing the income of this person for the calculation of the amount of the Australian pension, only a portion of any Belgian pension is considered income. This part is calculated by multiplying the total number of months, not exceeding 300, from the Australian professional residence period taken into account for the Australian pension of that person by the amount of the Belgian pension and by dividing this product by 300.
2. Only a person with a proportional Australian pension may claim a conceded assessment of his or her income, referred to in paragraph 1^er.
3. Paragraph 1^er is applicable for 26 weeks when a person travels temporarily to Australia.
4. In light of paragraph 5, where an Australian pension is payable only under this Convention to a person in Australia, the amount of that pension shall be determined:
(a) by calculating the income of the person in accordance with Australian legislation but not taking into account in this calculation any Belgian pension whose person or partner of that person may be entitled to benefit as appropriate; and
(b) deducting the amount of the Belgian pension from which the person may benefit from the maximum amount of that Australian pension; and
(c) by applying to this pension under subparagraph (b) the appropriate calculation of the amount determined in Australian legislation, taking into account as income of the person the amount calculated under subparagraph (a).
5. The provisions of paragraph 4 shall apply for 26 weeks when a person temporarily leaves Australia.
6. Where the amount of a pension calculated in accordance with paragraph 4 is less than the amount of that pension that would be payable under paragraph 1^er if the person concerned was outside Australia, the amount quoted first is increased to be equivalent to the amount quoted second.
7. Where a member of a couple or when both that person and his or her partner are entitled to one or more Belgian pensions, each of them is considered for the purposes of this section and Australian legislation to be equal to half the amount or total amount of that pension or the total amount of both pensions, as the case may be.
CHAPTER 3. - Provisions concerning Belgian disability pensions and assistance pensions for Australian disabled persons
Article 18
1. The legislation of the Contracting Party applicable to the person at the time when the person, with respect to Belgium, became unable to work or, with respect to Australia, was entitled to an assistance pension for persons with disabilities, is used to determine whether the person concerned receives that pension. The insurance periods of both Contracting Parties may be totaled as necessary for the acquisition, maintenance or recovery of the right to such pension.
2. A person who meets the requirements of paragraph 1^er shall be granted the pension by the competent body of the Contracting Party referred to above, in accordance with the legislation it applies.
Article 19
The beneficiary of a disability pension under Belgian law continues to be entitled to this pension during a temporary stay in Australia when this temporary stay was previously authorized by the competent Belgian agency. However, this authorization may only be refused if the temporary stay takes place during the period during which the competent Belgian body must, under Belgian law, assess or review the condition of disability.
PART IV. - Miscellaneous provisions
Responsibilities of competent authorities
Rule 20
The competent authorities:
(a) Take, by administrative arrangement, the necessary measures for the implementation of this Convention and designate the liaison agencies and the competent bodies;
(b) define administrative mutual assistance procedures, including the apportionment of expenditures related to obtaining medical, administrative and other certificates required for the purposes of this Convention.
Administrative collaboration
Article 21
1. Within the limits allowed by the legislation they apply, the competent authorities and the competent bodies:
(a) disclose any information necessary to the application of this Convention;
(b) lend mutual support to their good offices, including through the mutual communication of any necessary information, for the determination or payment of any pension under this Convention or under the legislation to which this Convention applies, as if it were the application of their own legislation;
(c) provide, as soon as possible, any information concerning the measures taken to implement this Convention or any amendments to their respective legislation that may affect the application of this Convention; and
(d) assist in the application of the social security agreements concluded by one of the Contracting Parties with third States, within the limits and circumstances specified in the Administrative Arrangement concluded in accordance with the provisions of Article 20.
2. Assistance referred to in paragraph 1^er is free; However, the competent authorities and the relevant agencies may agree on reimbursement of certain types of costs.
3. Unless the legislation of a Contracting Party requires publicity, any information relating to an individual, transmitted in accordance with this Convention to a competent authority or competent body of that Contracting Party by a competent authority or competent body of the other Contracting Party shall be confidential and shall be used only for the purposes of this Convention and the legislation to which this Convention is applicable.
4. In no case shall the provisions of paragraphs 1^er and 3 may not be interpreted in the sense that the competent authority or competent body of a Party would be required to:
(a) to take administrative measures contrary to the laws or administrative practice of that Contracting Party or the other Contracting Party; or
(b) provide additional information that cannot be obtained in accordance with the laws and in accordance with the current administrative practice of that Contracting Party or the other Contracting Party.
5. Regardless of administrative laws or practices of a Contracting Party, no information concerning a person communicated by the other Contracting Party to that Contracting Party may be notified or made public to any other country or organization of that other country without the prior authorization of that other Contracting Party.
6. For the purposes of this Convention, the competent authorities and competent bodies of the Contracting Parties are empowered to correspond directly with each other and with any person, whether in Belgium, Australia or in a third State. Correspondence may be made in one of the official languages of the Contracting Parties.
Tax and legalization
Article 22
1. The benefit of the exemptions or reductions of taxes, stamp duties, transplantation or registration provided for in the legislation of one of the Contracting Parties for the parts or documents to be produced pursuant to the legislation of that Contracting Party shall be extended to similar documents and documents to be produced under the legislation of the other Contracting Party.
2. All acts and documents to be produced under this Convention shall be exempted from the legalization visa of diplomatic or consular authorities.
Requests, declarations and remedies
Article 23
1. (a) Where a request, declaration or appeal has been brought under the law of a Contracting Party, to an authority, body or tribunal of the other Contracting Party, authorized under the legislation of that Contracting Party to receive a request, declaration or appeal of the same nature, that request, declaration or appeal shall be deemed to have been brought before the authority, body or agency of the contracting party or
(b) In this case, the authority, body or court so seized shall forthwith transmit such request, declaration or remedy to the authority, body or tribunal of the first Contracting Party, either directly or through the competent authorities of the Contracting Parties.
3. An application for a pension of a Contracting Party is considered to be a corresponding pension application of the other Contracting Party provided that the applicant has indicated in that application that there has been or has been subject to the social security regime of the other Contracting Party.
3. A document may not be rejected because it is written in an official language of the other Contracting Party.
4. The reference to paragraph 1^er a notice of appeal is a reference to a document concerning an appeal that may be filed with an administrative body established by the respective legislation or with a view to its application, from an administrative point of view.
Settlement of disputes
Article 24
The competent authorities of the Contracting Parties shall, to the extent possible, settle any dispute relating to the interpretation or application of this Convention in the spirit of this Convention and in accordance with its fundamental principles.
Revision of the Convention
Rule 25
When a Contracting Party asks the other to meet in order to review the Convention, the Parties shall meet for that purpose within a period not exceeding six months the date of that request and, unless the Parties decide otherwise, their meeting shall take place in the territory of the Contracting Party to which the request has been made.
Payment of pensions
Rule 26
1. The date of commencement of payment of a pension under this Convention shall be determined in accordance with the legislation of the Contracting Party concerned, however, that date may not be earlier than the date of entry into force of this Convention.
2. The pension debtors under this Convention shall be validly released in the currency of their State.
3. Transfers resulting from the application of this Convention shall take place in accordance with the relevant agreements between the two Contracting Parties.
4. The provisions of a Contracting Party ' s foreign exchange control legislation shall not preclude the free transfer of financial amounts resulting from the application of this Convention.
5. A pension payable by a Contracting Party under this Convention to a person outside the territory of that Party shall be paid without deduction of public administrative costs and fees for the treatment and payment of that pension.
6. Payment outside Australia of an Australian pension due under this Convention is not subject to a limitation under Australian legislation prohibiting payment of a pension to a former Australian resident who returns to Australia and returns to an Australian resident who makes an application for an Australian pension and who leaves Australia for a specified period of time.
Recovery of undue payments
Rule 27
1. When:
(a) a pension shall be paid or may be paid by a Contracting Party for a prior period under this Convention or other legislation;
(b) for any part or all of that period, the other Contracting Party paid a pension under its legislation to that person; and
(c) that the amount of pension paid by that other Contracting Party would have been reduced if the pension paid or payable by the first Contracting Party had been paid during that period,
the amount that would not have been paid by the other Contracting Party if the pension referred to in subparagraph (a) had been paid periodically throughout the preceding period is then an amount due by that person to the other Party and may be recovered by that Contracting Party.
2. Where the competent body of the first Contracting Party has not yet paid to the person the arrears of the pension referred to in paragraph 1^er :
(a) that competent body shall pay, at the request of the competent body of the other Contracting Party, the amount of the debt referred to in paragraph 1^er the competent body of the other Contracting Party and shall pay to the person any supplement, in accordance with the provisions of the Administrative Arrangement concluded under Article 20; and
(b) any insufficient amount of such arrears may be recovered by the other Contracting Party.
3. Notwithstanding the definition of "pension" in other provisions of this Convention, the reference to paragraphs 1 and 2 to a pension for Australia means a benefit, pension or allowance due in accordance with the regulations that constitute the right to social security of Australia, as amended from time to time.
PART V. - Transitional and final provisions
Eventualities prior to the entry into force of the Convention
Rule 28
1. This Convention also applies to any event that has occurred prior to its entry into force.
2. This Convention does not open any pension entitlement for a period prior to its entry into force.
3. Any period of insurance under the legislation of one of the Contracting Parties before the date of entry into force of this Convention shall be taken into consideration for the determination of the right to a pension that opens in accordance with the provisions of this Convention.
Revision, prescription, termination
Rule 29
1. Any Belgian pension that has not been liquidated or has been suspended because of the nationality of the person concerned or because of his residence in Australia is, at the request of the person concerned, liquidated or restored from the entry into force of this Convention.
2. The rights of persons who have obtained, prior to the entry into force of this Convention, the liquidation of a Belgian pension or annuity are revised upon request, taking into account the provisions of this Convention. In no case shall such a review have the effect of reducing the prior rights of the persons concerned.
3. If the request referred to in paragraphs 1^er or 2 of this article shall be submitted within two years from the date of entry into force of this Convention, the rights opened in accordance with the provisions of this Convention shall be acquired from that date, without the provisions of the legislation of either Contracting Party, relating to the determination or limitation of rights, being enforceable against the persons concerned.
4. If the request referred to in paragraphs 1^er or 2 of this Article shall be submitted after the expiry of a period of two years following the entry into force of this Convention, the rights that are not subject to a termination or are not prescribed shall be acquired from the date of the application, subject to more favourable provisions of the law of the Contracting Party concerned.
Duration of Convention
Rule 30
This Convention shall be concluded for an indefinite period. It may be denounced by one of the Contracting Parties by written notification to the other Party with a twelve-month notice.
Guarantee of acquired or acquired rights
Rule 31
1. In the event of denunciation, this Convention will continue to produce its effects on all persons who:
(a) the date on which the denunciation produces its effects, pensions; or
(b) before that date, have introduced a pension application and are entitled to receive it under this Convention; or
(c) immediately before the date of denunciation, are only subject to the legislation of a Party under Part II of the Convention, provided that the persons concerned continue to meet the criteria of that Title.
2. Contracting Parties shall continue their collaboration with a view to the application of paragraph 1^er.
Entry into force of the Convention
Rule 32
This Convention shall enter into force on the first day of the second month following the date of receipt of the note by which the last of the two Contracting Parties has served on the other Contracting Party that the formalities required for the entry into force of this Convention are fulfilled.
In faith, the undersigned, duly authorized, have signed this Convention.
Done at Canberra on 20 November of the year a thousand two in double copy, in English, French and Dutch, the three texts being equally authentic.