Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:33:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 33 (pt 2/16)
Character Range: 1078217–1081011

Serbia, a period of paid contributions and equal periods regarded as such under the legislation of the Republic of Serbia; and

7. "period of Australian working life residence" means a period defined as such in the legislation of Australia, but does not include any period deemed pursuant to Article 12 of this Agreement to be a period in which that person was an Australian resident.

(2) Any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the applicable legislation.

Article 2
Legislative Scope

(1) This Agreement shall apply to the legislation effective at the date of entering into force of this Agreement, and to any legislation that subsequently amends, supplements or replaces it:

1. in relation to Australia:

1.1 the Acts forming the social security law in so far as the law provides for, applies to or affects the age pension;

1.2 the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations 1993);

2. in relation to the Republic of Serbia, the legislation concerning pension and disability insurance.

(2)  Unless otherwise provided in this Agreement, this Agreement does not apply to any agreement on social security entered into by either Contracting Party with a third state.

(3)  This Agreement shall apply to laws which extend the legislation of either Contracting Party to new categories of beneficiaries only if the Contracting Parties agree in writing.

Article 3
Personal Scope

This Agreement shall apply to any person who:

1. is or has been an Australian resident; or

2. is or has been subject to the legislation of Australia; or

3. is or has been subject to the legislation of the Republic of Serbia;
and to other persons in regard to the rights they derive from the person described above.

Article 4
Equality of Treatment

Unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Contracting Party in regard to rights and obligations regarding eligibility for and payment of benefits which arise whether directly under the legislation of that Contracting Party or by virtue of this Agreement.

Article 5
Export of Benefits

(1) Benefits payable by virtue of this Agreement shall also be paid in the territory of the other Contracting Party.

(2) In relation to Australia, for the purposes of paragraph 1 of this Article, any additional amount, increase or supplement that is payable under this Agreement, shall be paid to a person outside Australia only for the period specified in the provisions of the Social Security Act 1991.

(3)