Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:32:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 32 (pt 4/10)
Character Range: 1058418–1061120

the Local Government Organisation Act.

3. If an employee:

    (a) is covered by the legislation of one Contracting Party ('the first Contracting Party'); and

    (b) was sent, whether before, on or after the commencement of this Part, by an employer who is subject to the legislation of the first Contracting Party to work in the territory of the other Contracting Party ('the second Contracting Party'); and

    (c) is working in the territory of the second Contracting Party in the employment of the employer or a related entity of that employer; and

    (d) is not working permanently in the territory of the second Contracting Party and a period of 4 years from the time the employee was sent to work in the territory of the second Contracting Party has not elapsed;

the employee and employer shall be subject only to the legislation of the first Contracting Party in respect of the work performed and the remuneration paid for that work after the commencement of this Part.

4. For the purposes of sub‑paragraph 3(c) of Article 8 of this Agreement an entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group.

Article 9
Exception Agreements

The Competent Authorities or the Competent Institutions designated by them may agree in writing to modify the application of the provisions of this Part in respect to a particular person or particular category of persons.

PART III

PROVISIONS RELATING TO AUSTRALIAN BENEFITS

Article 10
Residence or Presence in the Republic of Estonia

Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian benefit 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 or an Estonian resident; and

    (b) is in Australia, or in the Republic of Estonia,

that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.

Article 11
Totalisation for Australian Benefits

1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:

    (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that benefit; and

    (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 of this Article for that person; and

    (c) an insurance period under the legislation