DefinitionsDefinitions

Definitions

1. In this Agreement the terms below have the following meanings:

(a) "Croatia" means the Republic of Croatia;

(b) "benefit" means, in relation to a Party, any of the benefits, pensions or allowances listed in paragraph 1 of Article 2, and includes any amount, increase or supplement that is payable in addition to that benefit, pension or allowance to a person who is qualified for that amount, increase or supplement under the legislation of that Party, but for Australia does not include any benefit, payment or entitlement under the law concerning the superannuation guarantee;

(c) "Competent Authority" means,

in relation to Australia:

the Secretary of the Department responsible for the application of the legislation in subparagraph 1(a)(i) of Article 2 of this Agreement except in relation to the application of Part III 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 authorised representative of the Commissioner, and

in relation to Croatia:

the Ministry of Labour and Social Welfare;

(d) "Competent Institution" means,

in relation to Australia:

the institution or agency which has the task of implementing the applicable Australian legislation, and

in relation to Croatia:

the Croatian Pension Insurance Institute;

(e) "legislation" means:

in relation to Australia:

the laws specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part III of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the law specified in subparagraph 1(a)(ii) of Article 2; and

in relation to Croatia:

laws, regulations and other provisions relating to benefits specified in sub-paragraph 1(b) of Article 2;

(f) "period of Australian working life residence" means, in relation to a person, the period defined as such under the legislation of Australia but does not include any period deemed pursuant to Article 13 to be a period in which that person was an Australian resident;

(g) "period of insurance" means any period of contribution and any other period taken into account under Croatian legislation;

(h) "territory" means,

in relation to Australia:

Australia as defined in the legislation of Australia; and

in relation to Croatia:

the territory of the Republic of Croatia;

(i) “employee” means, in relation to Croatia, a worker, as defined by the legislation stated in paragraph (1)(b) of Article 2, and by the Croatian labour laws.

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