Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:25:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 25 (pt 4/11)
Character Range: 856101–858790

affect the application of the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations of 24 April 1963.

PART III
PROVISIONS RELATING TO BENEFITS

CHAPTER 1
Provisions Concerning Australian Benefits

ARTICLE 10
Residence or Presence in the Republic of Poland

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 Republic of Poland, and

       (2) is in Australia or the Republic of Poland,

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

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

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

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

       (3) a period of insurance under the legislation of the Republic of Poland,
then, for the purposes of a claim for that Australian benefit, that period of insurance in the Republic of Poland shall be deemed to be a period in which that person was an Australian resident only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.

2. For the purposes of paragraph 1, where a person,

       (1) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit, and

       (2) has accumulated a period of insurance under the legislation of the Republic of Poland in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (1),
the total of the periods of insurance under the legislation of the Republic of Poland shall be deemed to be one continuous period.

3. For the purposes of this Article, where a period by a person as an Australian resident and a period of insurance under the legislation of the Republic of Poland coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.

4.