Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 3/17)
Character Range: 686481–689444

to women who are receiving wife pension at the date this Agreement comes into force and who are the wives of:

         (a) persons receiving age pension; or

         (b) persons receiving disability support pension for the severely disabled.

     3. This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries or which involve a new branch of social security only if both Contracting States so agree in a Protocol to this Agreement.

     4. Laws within the meaning of paragraph 1 shall not include treaties or other international agreements on social security that may be concluded between one of the Contracting States and a third State.

Article 3
Personal Scope

    This Agreement shall apply:

         (a) in relation to Switzerland,

             (i) to the nationals of the Contracting States as well as to their family members and survivors;

             (ii) to refugees, to stateless persons and to their family members and survivors who reside in the territory of a Contracting State; but not to derogate from more favourable national provisions;

             (iii) to other persons not listed above for the purposes of Articles 6, 7, 8, 9, 10, 11, 21 to 25 and Articles 27 to 31 of the Agreement;

         (b) in relation to Australia, to any person who is or has been an Australian resident or independently of this Agreement would be subject to the legislation of Australia.

Article 4
Equality of Treatment

     1.
         (a) Subject to this Agreement, Australian nationals as well as their family members and survivors shall, in the application of the Swiss legislation, receive equal treatment with Swiss nationals or their family members and survivors, as the case may be.

         (b) Subparagraph (a) shall not apply to Swiss legislation:

             (i) on the voluntary old‑age, survivors' and disability insurance;

             (ii) on old‑age, survivors', and disability insurance of Swiss nationals who are gainfully occupied abroad in the service of the Swiss Confederation or organisations in the meaning of subparagraph 1(c) of Article 1a of the Federal Law on old‑age and survivors' insurance.

     2. Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by Australia in regard to rights and obligations which arise whether directly under the Australian legislation or by virtue of this Agreement.

Article 5
Export of Benefits

     1. Unless provided otherwise in this Agreement,

         (a) benefits payable under the Swiss legislation shall also be paid to nationals of Australia or other persons to the extent that they derive rights from a national of Australia, while the beneficiary is in the territory of Australia;

         (b) Australian benefits which are payable by virtue of this Agreement shall be payable in the territory of Switzerland.

     2.
         (a) Benefits payable under the