Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:26:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 26 (pt 4/13)
Character Range: 882532–885323

in respect of the work and the remuneration paid for the work.

4.              For the purposes of subparagraph 3.3 of this Article 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.

5.              If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employee and their employer shall in respect of the work and the remuneration paid for the work be subject only to the legislation of the Contracting Party of which the employee is a resident.

Article 9
Exception agreements

1. The Competent Authorities of the Contracting Parties may for the purposes of this Part agree:

         1.1 to extend the period of 4 years referred to in subparagraph 3.4 of Article 8 for any employee; or

         1.2 that an employee working in the territory of a particular Contracting Party or working on a ship or aircraft in international traffic under the legislation of a particular Contracting Party is subject only to the legislation of that Contracting Party.

2. Any agreement made under paragraph 1 of this Article may apply to:

    2.1 a class of employees; and/or

         2.2 particular work or particular types of work (including work that has not occurred at the time the agreement is made).

PART III

PROVISIONS RELATING TO AUSTRALIAN BENEFITS

Article 10
Residence or Presence in the former Yugoslav Republic of Macedonia

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:

    (1) is an Australian resident or a resident of the former Yugoslav Republic of Macedonia; and

    (2) is in Australia, or the territory of the former Yugoslav Republic of Macedonia,

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
Combining qualifying periods for Australian benefits

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

            1.1              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

            1.2              a period of Australian working life residence equal to or greater than the period specified in paragraph 4 of this Article for that person; and

            1.3              an insurance period under the legislation of the former Yugoslav Republic of