Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:9:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 9 (pt 4/15)
Character Range: 296190–298983

from the person described in this Article.

ARTICLE 4
Equality of Treatment

Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations regarding eligibility for and payment of benefits which arise whether directly under the legislation of that Party or by virtue of this Agreement.

ARTICLE 5
Voluntary Social Insurance

As soon as an Australian citizen is deemed to be a resident in Portugal that person shall be entitled to register with the voluntary social insurance scheme under the legislation of Portugal on the same basis as a national of Portugal.

ARTICLE 6
Export of Benefits

    1. Subject to paragraph 4, benefits of one Party 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. Where qualification for a benefit of one Party is subject to limitations as to time, then reference to that Party in those limitations shall be read also as references to the territory of the other Party.

    4. Notwithstanding any provision of this Agreement, unemployment benefit under the legislation of Portugal and Portuguese pensions specified in subparagraph 1(b)(iii) of Article 2 shall not be paid outside the territory of Portugal.

PART II – COMMON PROVISIONS ON COVERAGE

ARTICLE 7
Application of Legislation

    1. Except as otherwise provided in this Agreement, the persons to whom this Agreement applies shall be covered by:

         (a) Portuguese legislation if they are employed or resident in Portugal; or

         (b) Australian legislation if they are Australian residents.

    2. Where a person is entitled to claim a benefit under the legislation of a Party that legislation shall also apply to that person.

ARTICLE 8
Decisions on Social Security Coverage

The Competent Authorities will, in accordance with their countries' respective legislation, decide on the social security coverage to be applied in the best interests of a person.

PART III   PROVISIONS FOR AVOIDING DOUBLE COVERAGE

ARTICLE 9
Purpose of Part

The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Portugal or Australia do not have a double liability under the legislation of Portugal and Australia, in respect of the same work of an employee.

ARTICLE 10
Application of Part

This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties in respect of work of the employee or remuneration paid for the work.

ARTICLE 11
Diplomatic and