Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:13:p11
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 13 (pt 11/16)
Character Range: 439953–442639

as true and exact copies by the Agency of one Party shall be accepted as true and exact copies by the Agency of the other Party, without further certification.  The Agency of each Party shall be the final judge of the probative value of the evidence submitted to it from whatever source.

Article 15
Correspondence
 The Competent Authorities and Agencies of the Parties may correspond directly with each other and with any person wherever the person may reside whenever it is necessary for the administration of this Agreement.

Article 16
Applications for Benefits
    1. A written application for benefits filed with the Agency of one Party shall protect the rights of the claimants under the laws of the other Party if the applicant requests that it be considered an application under the laws of the other Party.
    2. If an applicant has filed a written application for benefits with the Agency of one Party and has not explicitly requested that the application be restricted to benefits under the laws of that Party, the application shall also protect the rights of the claimants under the laws of the other Party if the applicant provides information at the time of filing indicating that the person on whose record benefits are claimed has completed periods under the laws of the other Party, as defined in subparagraphs 1(g)(i) or 1(i) of Article 1.
    3. The provisions of Part III shall apply to benefits under United States laws only if an application is filed on or after the date this Agreement enters into force.

Article 17
Determination of Claims
    1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
         (a) a period as an Australian resident and a United States period of coverage; and
         (b) any event which is relevant to that eligibility or entitlement,
     shall, subject to this Agreement, be taken into account to the extent that those periods or those events are applicable in regard to that person and whether they were accumulated or occurred before, on or after the date on which this Agreement enters into force. However, neither Party shall take into account such periods of coverage or residence that occurred prior to the earliest date for which periods of coverage or residence may be credited under its laws.
    2. Where:
         (a) a benefit is paid by the United States to a person in respect of a past period whether by virtue of this Agreement or otherwise; and
         (b) for all or part of that period, Australia has paid to that person a pension, benefit or allowance under its social security laws; and
         (c) the amount of the pension, benefit or allowance paid