Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:7:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 7 (pt 3/18)
Character Range: 215497–218217

widowed persons and Australian double orphans pensions for the purposes of Article 5.
4. Notwithstanding the provisions of subparagraph 1(a) of this Article, the term "benefit" shall, when the reference is to an Australian benefit, include pensions payable to widowed persons for the purposes of paragraphs 1 and 2 of Article 15.
5. Notwithstanding the provisions of subparagraph 1(a) the legislation of Australia shall not include any laws made, whether before or after the date of signature of this Agreement, for the purpose of giving effect to any agreement on social security entered into by Australia with other States.
6. This Agreement shall apply to laws that extend the legislation of either Party to new categories of beneficiaries or to new branches or systems of social security only if the two Parties so agree in a Protocol to this Agreement.
7. Except as otherwise provided in this Agreement, this Agreement shall not apply to social and medical assistance schemes, to special schemes for civil servants or persons treated as such, or to benefit schemes for victims of war or its consequences.
8. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic relations of April 18,1961, or the Vienna Convention on Consular relations of April 24, 1963.

ARTICLE 3
Personal Scope

Subject to other Articles of this Agreement, it shall apply to any person who:
a) is or has been an Australian resident, or
b) is or has been subject to the legislation of the Netherlands,
and, where applicable, to other persons in regard to the rights they derive from a person described above.

ARTICLE 4
Equality of Treatment

1. The citizens of each of the Parties shall be treated equally in the application of the legislation of Australia and of the Netherlands relating to benefits.
2. Subject to this Agreement and unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations relating to benefits which arise by virtue of this Agreement.

ARTICLE 5
Payment of benefits abroad

1 Benefits payable whether under this Agreement or otherwise shall not be reduced, modified, suspended or withdrawn on account of the recipient, or members of his or her family, residing in the territory of the other Party.
2. Where continuing qualification or payability of a benefit is subject to limitations as to time, then reference to the territory of a Party in those limitations shall be read also as reference to the territory of the other Party.
3. Where continuing qualification or payability of a benefit is subject to a requirement to be, for an Australian benefit, an Australian resident or, for a Netherlands benefit, a