Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:2:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 2 (pt 3/15)
Character Range: 20519–23475

(ii) seniority pensions;

           (iii) anticipated pensions;

           (iv) invalidity allowances;

           (v) inability pensions;

           (vi) privileged invalidity allowances;

           (vii) privileged inability pensions;

           (viii) invalidity attendance allowance;

           (ix) survivors' pensions;

           (x) family benefit for dependants of pensioners; and

           (xi) unemployment allowances.

2. Notwithstanding the provisions of paragraph 1, and unless otherwise specified in this Agreement, the legislation of Australia and Italy shall not include any laws made at any time for the purpose of giving effect to any agreement on social security.

3. The competent authorities of the Parties shall advise each other of legislation that amends, supplements or replaces the legislation within the scope of this Agreement promptly after the first‑mentioned legislation is enacted.

    ARTICLE 3

    Personal Scope

    This Agreement shall apply to any person who:

          (a) is or has been an Australian resident; and/or

          (b) has credited contributions under the legislation of Italy,

and, where applicable, to dependants and survivors in regard to entitlements they may derive from the person mentioned in this Article.

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 Italy respectively and, in any case where qualification for a benefit under the legislation of a Party depends, in whole or in part, on citizenship of that Party, a person who is a citizen of the other Party shall, for the purposes of a claim for that benefit, be deemed to be a citizen of the first mentioned Party.

2. All persons to whom this Agreement applies shall be treated equally by the Parties in regard to entitlements and obligations derived from the legislation of the Parties and from this Agreement.

3. A Party shall not be required to apply paragraphs 1 and 2 of this Article to a person who is present in the territory of that Party without lawful authority.

    PART II — PROVISIONS RELATING TO BENEFITS

    AUSTRALIAN BENEFITS

    ARTICLE 5

    Residence or Presence in Italy or in a Third Country

1. Subject to paragraph 2, where a person would be qualified for a benefit under the legislation of Australia or under this Agreement except for not being an Australian resident and in Australia on the date on which the claim for that benefit is lodged, but:

          (a) is an Australian resident or residing in the territory of Italy or of a third country with which Australia has implemented an agreement that includes provision for co‑operation in the lodgement and determination of claims for benefits, and

          (b) is in Australia, the territory of Italy or the territory of that third country,

that person, so long as he or she has been an Australian resident at some time, shall