Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:21:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 21 (pt 3/13)
Character Range: 730852–733629

its legislation regarding eligibility for and payment of benefits which arise whether directly under the legislation of that Contracting Party or by virtue of this Agreement.

Article 5
Export of Benefits

   1. Unless otherwise provided in this Agreement, any provision of the legislation of one Contracting Party which restricts entitlement to or payment of cash benefits solely because the person resides outside or is absent from the territory of that Contracting Party shall not be applicable to the persons who reside in the territory of the other Contracting Party.

   2. Where the legislation of a Contracting Party provides that a benefit is payable outside the territory of that Contracting Party, then that benefit, when payable by virtue of this Agreement, is also payable outside the territories of both Contracting Parties.

   3. In relation to Australia, any additional amount, increase or supplement that is payable in addition to a benefit under this Agreement, as defined in Article 1, shall be payable outside the territory of Australia only according to the provisions of the Acts specified in paragraph 1(b)(i) of Article 2.

PART II
Provisions on Coverage

Article 6
Purpose of this Part
The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Korea or Australia do not have a double liability under the legislation of Korea and Australia in respect of the same work of an employee.

Article 7
Application of this Part

   1. This Part 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 the work of the employee or remuneration paid for the work.

   2. For the purposes of Articles 6, 7, and 11, the legislation includes, with regards to Korea, the statutory pension scheme for civil servants.

Article 8
General Provisions

   1. Except as otherwise provided in this Part, a person employed within the territory of one Contracting Party and the person's employer shall, with respect to that employment, be subject only to the legislation of that Contracting Party.

   2. A person, who is a resident of Korea and is engaged in self‑employment in the territory of either Contracting Party in respect of that self‑employment, shall be subject only to the legislation of Korea.

   3. This Agreement shall not preclude the possibility for a person to be voluntarily insured under the Korean legislation.

Article 9
Seconded Workers

   1. If an employee:

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

       (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of the