Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:6:p10
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 6 (pt 10/13)
Character Range: 201403–204248

legislation of a Party or by virtue of this Agreement are also payable in the territory of the other Party.

    2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Agreement, is also payable outside the territories of both Parties.

    3. Notwithstanding any provision of this Agreement, non‑contributory assistance and pension specified in subparagraph 1(b)(iv) of Article 2 shall not be paid outside the territory of Malta.

    4. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement shall be payable outside the territory of Australia only if it would be so payable if that benefit was payable independently of this Agreement.

    5. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to prevent those restrictions hindering payment of benefits derived under this Agreement.  Those measures shall operate retrospectively to the time the restrictions were imposed.

    6. A party that imposes restrictions described in paragraph 5 shall inform the other Party of those restrictions within one calendar month of their imposition and shall adopt the measures described in paragraph 5 within 3 months of the imposition of those restrictions.  If the other Party is not so informed or if the necessary measures are not adopted within the set time the other Party may treat such a failure as a material breach of the Agreement for the purposes of Article 60 of the Vienna Convention on the Law of Treaties.

    7. A benefit payable by a Party by virtue of this Agreement to a person outside the territory of that Party shall be paid without deduction for government administrative fees and charges for processing and paying that benefit.

    8. The payment outside Australia of an Australian benefit that is payable by virtue of this Agreement shall not be restricted by those provisions of the legislation of Australia which prohibit the payment of a benefit to a former Australian resident who returns to Australia becoming again an Australian resident, and lodges a claim for an Australian benefit and again leaves Australia within a specified period of time.

ARTICLE 14

Exchange of Information and Mutual Assistance

    1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement:

         (a) shall communicate to each other any information necessary for the application of this Agreement or of the Social Security laws of the Parties;

         (b) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement