Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:22:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 22 (pt 4/14)
Character Range: 764856–767586

Party.
    2. If an employee:
         (a) is covered by the legislation of one contracting Party ('the first contracting Party');
         (b) was sent, whether before, on or after the commencement of this Part, by the Government of the first contracting Party to work in the territory of the other contracting Party ('the second contracting Party');
         (c) is working in the territory of the second contracting Party in the employment of the Government of the first contracting Party; and
         (d) is not working permanently in the territory of the second contracting Party;
    the employer of the employee and employee shall be subject only to the legislation of the first contracting Party in respect of the work performed after the entry into force of this Agreement and the remuneration paid for that work. For the purposes of this paragraph, the term "Government" includes in relation to Australia a political subdivision or local authority of Australia.
    3. If a self‑employed person:
         (a) is working in the territory of one contracting Party, he is subject to the legislation of this Party even if he has his residence in the territory of the other contracting Party.
         (b) is working as an employee in the territory of one contracting Party and at the same time as a self‑employed person in the territory of the other contracting Party, he is subject to the legislation of that Party in whose territory he works as an employee.
    4. If an employee:
         (a) is covered by the legislation of one contracting Party ('the first contracting Party');
         (b) was sent, whether before, on or after the entry into force of this Agreement , by an employer who is subject to the legislation of the first Party to work in the territory of the other contracting Party ('the second contracting Party');
         (c) is working in the territory of the second contracting Party in the employment of the employer or a related entity of that employer and a period of 4 years from the time the employee was sent to work in the territory of the second contracting Party has not elapsed; and
         (d) the employee is not working permanently in the territory of the second contracting Party;
    the employer of the employee and the employee shall be subject only to the legislation of the first Party in respect of the work performed after the entry into force of this Agreement and the remuneration paid for that work.
    5. For the purposes of subparagraph 4(c) a related entity is an entity of an employer if the entity and the employer are members of the same wholly or majority owned group.
    6. The competent authorities of both contracting Parties may, after a common agreement, modify