Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:12:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 12 (pt 3/10)
Character Range: 396244–399069

administrative fees and charges for processing and paying that benefit whether the beneficiary is in the territory of the other Party or outside the respective territories of both Parties.

5 . Any exemption granted in the territory of one of the Parties from stamp duty, notarial or registration fees in respect of certificates and documents required to be submitted to the Competent Authorities and Competent Institutions in the same territory shall also apply to certificates and documents which, for the purposes of this Agreement, have to be submitted to the Competent Authorities and Competent Institutions in the territory of the other Party.  Documents and certificates required to be produced for the purpose of this Agreement shall be exempt from authentication by diplomatic and consular authorities.

6 . A pension under the Social Pensions Act shall be payable to an Australian national resident in the territory of Australia only if the person concerned has been an employed or self‑employed person in the territory of Denmark for a total of not less than 12 months of the qualifying period provided for in the Social Pensions Act.

7 . For the purpose of paragraph 6 of this article, the following provisions shall apply:

        (a) where membership contributions have been paid for one year in respect of a person covered by the Labour Market Supplementary Pension (ATP) Act as a result of pursuing an activity as an employed person, the person concerned shall be regarded as having completed a period of employment of 12 months in the territory of Denmark;

        (b) where a person establishes that he or she was employed in the territory of Denmark for any period before 1 April 1964, that period shall also be accepted; and

        (c) where a person establishes that he or she was self‑employed in the territory of Denmark for any period, that period shall also be accepted.

8. Where the conditions specified in paragraph 6 of this Article have not been met, a pension awarded to an Australian national residing in the territory of Denmark shall nevertheless continue to be payable in the territory of Australia if, during the qualifying period prescribed in the Social Pensions Act, that person has resided in the territory of Denmark for not less than ten years, of which at least five years are immediately preceding application for the pension.

9 . The following supplements, allowances and benefits under the Social Pensions Act, shall be payable to a national of a Party resident outside the territory of Denmark only according to the provisions of that Act:

        (a) pensions supplement

        (b) personal allowance

        (c) outside assistance allowance

        (d) constant attendance allowance

        (e) disability benefit.

10 . Notwithstanding any other provision of this