Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p16
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 16/17)
Character Range: 720512–723336

principles.

    2. If a solution cannot be found in this way, the matter in dispute shall be referred to arbitration which shall settle it within the meaning and spirit of this Agreement. The Contracting States shall provide for the composition and procedure of that arbitration by mutual agreement.

    3. Paragraph 2 does not apply in relation to the application of Part II of this Agreement.

PART VII

TRANSITIONAL AND FINAL PROVISIONS

Article 31
Recognition of Prior Periods and Events

    1. This Agreement shall also apply to contingencies which materialised before the date of its entry into force.

    2. This Agreement shall not confer any rights to the payment of benefits in respect of periods before its entry into force.

    3. For the purposes of determining entitlement of a person to a benefit pursuant to this Agreement:

         (a) in relation to Switzerland, account shall also be taken of all Swiss insurance periods completed before the entry into force of this Agreement;

         (b) in relation to Australia, any events or facts and any periods

         (i) as an Australian resident;

         (ii) of Australian working life residence; or

         (iii) of Swiss insurance,

          shall, subject to this Agreement, be taken into account in so far as those periods, events or facts are applicable in regard to that person regardless of when they occurred or were accumulated.

    4. This Agreement shall not apply to claims which have been settled by a lump sum or the refund of contributions before its entry into force.

Article 32
Decisions And Claims Made Before The Entry Into Force

    1. Decisions made before the entry into force of this Agreement shall not prevent the application of this Agreement.

    2. Claims which were determined before the entry into force of this Agreement shall on request be re‑examined in accordance with this Agreement.

    3. Revisions carried out by virtue of this Article shall not result in a reduction in the amount of benefit being paid before the revisions.

    4. Subject to paragraph 2 of Article 31, in the case of claims which are being examined under paragraph 2, the prescribed time limits for lodgement of claims and periods for statute‑barring in accordance with the legislations of the Contracting States shall not commence before this Agreement enters into force.

Article 33
Review of Agreement

Where a Contracting State requests the other to meet to review this Agreement the Contracting States shall meet for that purpose as soon as possible and, unless the Contracting States otherwise agree, their meeting shall be held in the territory of the Contracting State to which the request was made.

Article 34

Entry Into Force And Termination

    1. This Agreement shall enter into force on the first day of the