Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:15:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 15 (pt 3/15)
Character Range: 523054–525638

international agreements concluded between it and a third State.

ARTICLE 3

Personal Scope

This Agreement shall apply to any person who:

(a) is or has been an Australian resident or a resident of the Republic of Chile;

(b) is or has been subject to the legislation of the Republic of Chile; or

(c) derives his or her rights from persons described above.

ARTICLE 4

Equality of Treatment

Subject to this Agreement and unless otherwise provided, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whether directly under the social security law of Australia or the legislation of Chile or by virtue of this Agreement.

PART II

PROVISIONS RELATING TO APPLICABLE LEGISLATION

The purpose of this part is to ensure that employers and employees who are subject to the legislation of the Republic of Chile or Australia do not have a double liability under the legislation of the Republic of Chile and Australia, in respect of the same work of an employee.

ARTICLE 5

Application of the Part

This Part only applies if an employee and/or the employer of the employee would, apart from this Part, be subject to the legislation of both Parties in respect of work of the employee or remuneration paid for the work.

ARTICLE 6

General Rule

Unless otherwise provided in Articles 7, 8, 9 or 10 if an employee works in the territory of one Party, the employer of the employee and the employee shall in respect of the work and the remuneration paid for the work be subject only to the legislation of that Party.

ARTICLE 7

Diplomatic and Consular Relations

This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963.

ARTICLE 8

Workers Sent from One Territory to the Other

1. If an employee:

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

(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 Party to work in the territory of the other Party ('the second Party');

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

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

(e) is not working permanently in the territory of the second Party;

    the employer of the employee and employee shall be subject only to the legislation of the