Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:4:p10
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 4 (pt 10/12)
Character Range: 140254–143167

of Communication
In the application of this Agreement, the competent authority or competent institution of a Party may communicate directly with the other competent authority or competent institution in any official language of that Party.

ARTICLE 17
Understandings with a Province of Canada
    1. The relevant authority of Australia and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada provided that those understandings are not inconsistent with the provisions of this Agreement.
    2. If the relevant authority of Australia and a province of Canada conclude such an understanding, then any references in the legislation of Australia to a scheduled international agreement with a foreign country shall be read also as references to a scheduled instrument of understanding between Australia and a province of Canada.

ARTICLE 18
Resolution of Disputes
    1. The competent authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.
    2. The Parties shall consult promptly at the request of either concerning matters which have not been resolved by the competent authorities in accordance with paragraph 1.
    3. Any dispute between the Parties concerning the interpretation of this Agreement which has not been resolved or settled by consultation in accordance with paragraph 1 or 2 shall, at the request of either Party, be submitted to arbitration.
    4. Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as president; provided that if the two arbitrators fail to agree, the President of the International Court of Justice shall be requested to appoint the president.
    5. The arbitrators shall determine their own procedures.
    6. The decision of the arbitrators shall be final and binding.

ARTICLE 19
Review of Agreement
Where a Party requests the other to meet to review this Agreement, representatives of the Parties shall meet no later than 6 months after that request was made and, unless the Parties otherwise mutually determine, their meeting shall be held in the territory of the Party to which that request was made.

PART V – FINAL PROVISIONS

ARTICLE 20
Transitional Provisions
    1. Subject to this Agreement, in determining the eligibility of a person for a benefit payable by virtue of this Agreement:
         (a) a period as an Australian resident and/or a Canadian creditable period; and
         (b) any event or fact which is relevant to that eligibility
     shall be taken into account in so far as those periods or those events are applicable in regard to that person, no matter when they were