Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:10:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 10 (pt 3/15)
Character Range: 330069–332885

II only, the legislation concerning sickness insurance and accident insurance.

2. Except as otherwise provided in paragraph 3 this Agreement shall also apply to any legislation which supersedes, replaces, amends, supplements or consolidates the legislation specified in paragraph 1.

3 Notwithstanding the provisions of paragraph 1, the legislation of Australia shall not include treaties or other international agreements on social security that may be concluded between Australia and a third Party.

Article 3
Personal Scope

This Agreement shall apply without any restriction based on nationality to any person who:

 (a) is or has been an Australian resident; or

 (b) is or has been subject to the Austrian legislation,

and where applicable, to any other person with respect to the rights he or she derives from such a person described in subparagraph (a) or (b).

Article 4
Equality of Treatment

1. Unless otherwise provided in this Agreement, the following persons shall, in the application of the legislation of one Party, receive equal treatment with the nationals of this other Party regarding eligibility for and payment of benefits:

 (a) nationals of the other Party;

 (b) refugees, ordinarily resident in the territory of one Party;

 (c) stateless persons, ordinarily resident in the territory of one Party.

2. Benefits under the legislation of one Party shall be granted to nationals of the other Party resident outside the territories of both Parties, under the same conditions and to the same extent as they are granted to the nationals of the first party who reside outside the territories of the Parties.

3. In relation to Austria paragraph 1 shall also apply to any person covered by the principle of free movement under EU‑law.

4. Paragraph 1 shall not apply to the provisions of the Austrian legislation concerning the apportionment of insurance burdens resulting from agreements with third States.

5. Paragraph 1 shall apply with regard to the provisions of Austrian legislation concerning the taking into account of periods of war service and of periods considered as such only to Australian nationals who were Austrian nationals immediately before 13 March 1938.

Article 5
Equivalence of Territories

1. Unless otherwise provided in this Agreement, any provision of the legislation of one Party which requires that entitlement to or the payment of benefits is dependent on residence or presence in the territory of that Party shall not be applicable to persons, who reside or stay in the territory of the other Party.

2. Benefits of a Party are payable at the request of the beneficiary in the territory of the other Party.

3. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of