Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 4/26)
Character Range: 61259–64037

and
         (c) the person, prior to the date of severe disablement, was residing in the territory of the other Party for a period of not less than one year at any time.

ARTICLE 3
Personal Scope

This Agreement shall apply to any person who:
    (a) is or has been an Australian resident; or
    (b) is or has been a New Zealand resident.

ARTICLE 4
Equality of Treatment

Except as provided for in this Agreement, the persons to whom this Agreement applies shall be treated equally by each of the Parties in regards to rights and obligations that arise under the social security law of that Party or as a result of this Agreement.

ARTICLE 5
Residence Definitions

    1. "Australian resident" has the meaning given to that term in the social security law of Australia but for the purposes of the Agreement also includes a New Zealand citizen who is not the holder of an Australian permanent visa but is lawfully residing in Australia on a special category visa.  In deciding whether a person is residing in Australia, regard must be had to the following factors:
         (a) the nature of the accommodation used by the person in Australia;
         (b) the nature and extent of the family relationships the person has in Australia;
         (c) the nature and extent of the person's employment, business or financial ties with Australia;
         (d) the nature and extent of the person's assets located in Australia;
         (e) the frequency and duration of the person's travel outside Australia; and
         (f) any other matter relevant to determining whether the person intends to remain permanently in Australia;
    and "residence in Australia" has a corresponding meaning.

    2. "New Zealand resident" means, a person who has or had New Zealand as their principal place of residence except where that person was unlawfully resident or present in New Zealand or lawfully resident or present in New Zealand only by virtue of:
         (a) a visitor's permit;
         (b) a temporary work permit; or
         (c) a permit to be in New Zealand for the purposes of study at a New Zealand school or university or other tertiary educational establishment;
    and "residence in New Zealand" has a corresponding meaning.

    3. "permanent resident of Australia" means a person who resides in Australia and is one of the following:

    (a) an Australian citizen;

    (b) the holder of a permanent visa; or

         (c) a protected special category visa holder as defined under the social security law of Australia.

    4. "third country residence" means a period of residence when a person was not either an Australian resident or a New Zealand resident.

    5. "working age residence" means a period of residence in the territory of a Party from the age of 20