Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:16:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 16 (pt 4/12)
Character Range: 563663–566383

Party as a material breach of the Agreement for the purposes of Article 60 of the Vienna Convention on the Law of Treaties.
    7. Benefits paid by a Party outside its territory shall be paid in an internationally convertible currency.
    8. A benefit payable by a Party by virtue of this Agreement or under its legislation shall be paid by that Party without deduction of administrative fees and charges by the government or the corresponding Competent Institution for processing and paying that benefit, whether the person qualifying for the benefit is in the territory of the other Party or in a third country.
    9. For Australia, the provisions of this Article shall not apply to rent assistance, pharmaceutical allowance or any other allowance that is not payable indefinitely outside Australia.

ARTICLE 6

Medical Examinations
    1. For the purposes of assessing a person's degree of disability or the person's ability to work where this is relevant for a claim for a benefit or for continued payment of a benefit, the Competent Institution of a Party shall apply the legislation of that Party.
    2. To assist in the assessment referred to in paragraph 1, the Competent Institution of the Party in whose territory the person resides shall, at the request of the Competent Institution of the other Party forward to the latter free of charge any existing relevant medical reports and documents that it may have available.

PART III

PROVISIONS FOR AVOIDING DOUBLE COVERAGE

ARTICLE 7

Purpose of Part

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

ARTICLE 8

Application of 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 9

Diplomatic and Consular Relations

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

ARTICLE 10

Application of Legislation

    1. Unless otherwise provided in paragraphs 2 or 3, 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.

    2. If an employee:

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

       (b) was sent, whether before, on or after the entry into force