Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:18:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 18 (pt 4/15)
Character Range: 615891–618681

Party.

    2. Unless otherwise specified in this Agreement, this rule shall not apply when pensions of the same nature coincide.

PART II

PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

Article 7

In relation to Australia, a reference in this Part to an employee also includes their employer, in respect of work of the employee or remuneration paid for that work.

Article 8

General provisions

    1. Subject to articles 9 to 11, the applicable legislation is determined according to the following provisions:

         (a) a person who is employed or self‑employed in the territory of a contracting Party is subject to the legislation of that Party;

         (b) If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer of the employee and employee shall, in respect of the employment and the remuneration paid for that employment, be subject only to the legislation of the contracting Party of which the employee is a resident.

    2. In the event of being simultaneously self‑employed in Belgium and employed in Australia, the employment in Australia is considered equivalent to employment in Belgium, in view of the determination of obligations resulting from Belgian legislation concerning the social security of self‑employed workers.

    3. A person who is self‑employed in the territory of each of the contracting Parties is subject exclusively to the legislation of the contracting Party in whose territory he or she has his or her usual place of residence. For the determination of the amount of income to be taken into consideration for the contributions owed under the legislation of this contracting Party, the income earned as a self‑employed person in the territory of both contracting Parties is taken into account.

Article 9

Special provisions

         1. a) An employed person who, being in the service of an enterprise with an office on which that person normally depends in the territory of one of the contracting Parties, is posted by this enterprise to the territory of the other contracting Party to work on its account, shall be subject only to the legislation of the former contracting Party, as if the person continued to be employed in territory of the former contracting Party, on the condition that the foreseeable duration of the person's work does not exceed five years and that he is not sent to replace another person whose posting period has come to an end.

          b) The provisions of subparagraph a) also apply to the family members who accompany that person to the territory of the other contracting Party, unless they are employed or self‑employed in the territory of that Party.

    2. Subparagraph 1 b) of article 8 does not apply to persons not normally employed at sea