Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:10:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 10 (pt 5/15)
Character Range: 335203–337908

disabled shall not be affected by paragraph 4(d).

7. Notwithstanding anything else in this Article, Australian disability support pension shall not be payable for longer than the period specified in the social security legislation of Australia to a person who is not severely disabled while that person is outside Australia.

PART II – PROVISIONS RELATING TO APPLICABLE LEGISLATION

Provisions relating to applicable legislation

Article 6
General provisions

1. Subject to Articles 7 to 10 a person who is employed or self‑employed in the territory of one Party shall be subject only to the legislation of that Party with regard to that activity. In relation to employment in Austria, this shall also apply if the employer's place of business is in the territory of the other Party.

2. In relation to Australia, a reference in this Part to an employee also includes their employer, in respect of work of the employee or remuneration paid for that work.

Article 7
Special Provisions

1. An employed person who, usually is employed by an employer with an office in the territory of one of the Parties, is posted by this employer to the territory of the other Party to work on its account or for a related entity, shall be subject only to the legislation of the former Party as if the person continued to be employed in the territory of the former Party, on the condition that the person's work does not exceed five years.

2. For the purposes of paragraph 1 an entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group.

Article 8
Members of Diplomatic Missions and Consular Posts

This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 or the Vienna Convention on Consular Relations of 24 April 1963.

Article 9
Government Officials

Government officials and equivalent personnel who are sent by the government of a Party to the territory of the other Party are subject only to the legislation of the first mentioned Party. These persons are, for this purpose, considered to be resident in the territory of this Party, even if they are located in the territory of the other Party.

Article 10
Exceptions

In the interest of certain persons or certain categories of persons covered by this Part, the competent authorities can, by agreement in writing, specify exceptions to the provisions of Articles 6 to 9.

PART III – PROVISIONS CONCERNING AUSTRALIAN BENEFITS

Article 11
Totalisation for Australian benefits

1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has, without the application of this Agreement,