Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:28:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 28 (pt 4/11)
Character Range: 939696–942471

1963.

2. Employees who are sent by the Government of one Contracting Party to work temporarily in the territory of the other Contracting Party shall be subject to the legislation of only the first Contracting Party. For the purposes of this paragraph, "Government" includes in relation to Australia, a political subdivision or local authority.

Article 10
Exception agreements

The Competent Authorities or agencies designated by them, may agree in writing to make exceptions to the provisions in Articles 8 and 9.

PART III

PROVISIONS RELATING TO BENEFITS

Chapter 1
Australian Benefits

Article 11
Residence or Presence in the Slovak Republic

Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit except for not being an Australian resident and in Australia on the date on which the claim for that benefit is lodged, but:
         (a) is an Australian resident or a resident of the Slovak Republic; and
         (b) is in Australia, or the Slovak Republic,
that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.

Article 12
Totalisation

1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
         (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that benefit; and
         (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
         (c) a creditable period under the legislation of the Slovak Republic;
then, for the purposes of a claim for that Australian benefit, that creditable period shall be deemed to be a period in which that person was an Australian resident only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.

2. For the purposes of paragraph 1, where a person:
         (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and
         (b) has accumulated two or more separate creditable periods that equal or exceed in total the minimum period referred to in subparagraph (a);
the total of the creditable periods completed under the legislation of the Slovak Republic shall be deemed to be one continuous period.

3. For the purposes of this Article, where a period by a person as an Australian resident and a creditable period completed