Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:12:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 12 (pt 2/10)
Character Range: 393710–396486

to Australia: the Social Security Act 1991 in so far as the Act provides for, applies to or affects the following benefits:

        (i) age pension;

            (ii) disability support pension for severely disabled persons; and

        (iii) parenting payment for widowed persons; and

    (b) in relation to Denmark:

            (i) the Social Pensions Act and the regulations made thereunder; and

            (ii) the Labour Market Supplementary Pension (ATP) Act and the regulations made thereunder.
2. Notwithstanding the provisions of paragraph 1, the legislation of Australia shall not include any laws made at any time for the purpose of giving effect to any agreement on Social Security.

3. This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries only if no objection on the part of either Party has been communicated to the other Party within three months of notification of such laws or regulations.

ARTICLE 3
Personal Scope
This Agreement shall apply to any person who:

(a) in the case of Australia:

    (i) is or has been an Australian resident; or

    (ii) is or has been a Danish resident;

(b) in the case of Denmark is an Australian or Danish national,

and, where applicable, to other persons in regard to the rights derived from the persons referred to in paragraphs (a) and (b) above.

PART II—EQUALITY OF TREATMENT AND EXPORT OF BENEFITS

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 which arise whether directly under the legislation of that Party or by virtue of this Agreement.

ARTICLE 5
Payment of Benefits Abroad

1. Subject to other provisions of this Agreement, benefits of one Party are also payable in the territory of the other Party.

2 . 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.

3 . If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to guarantee the rights to payment of benefits derived under this Agreement. Those measures shall operate retrospectively to the time the restrictions were imposed.

4 . A benefit payable by a Party by virtue of this Agreement shall be paid by that Party without deduction for government 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