Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:13:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 13 (pt 3/16)
Character Range: 420251–422959

one of the Parties and a third State, or laws or regulations promulgated for their specific implementation.
    4. This Agreement shall also apply to future laws which amend or supplement the laws specified in paragraph 1 of this Article.

Article 3
Personal Scope
     This Agreement shall apply to any person who:
         (a) is or has been an Australian resident; or
         (b) is or has been subject to the laws of Australia; or
         (c) is or has been subject to the laws of the United States
     and, where applicable, to other persons in regard to the rights they derive from a person described above.

Article 4
Equality of Treatment
 Persons designated in Article 3 who reside in the territory of a Party shall receive equal treatment with nationals of that Party in the application of its laws regarding eligibility for and the payment of benefits.

Article 5
Export of Benefits
    1. Unless otherwise provided in this Agreement, any provision of the laws of a Party which restricts entitlement to or payment of benefits solely because the person resides outside or is absent from the territory of that Party shall not be applicable to the persons who reside in the territory of the other Party.
    2. Where the laws of a Party provide or allow that a benefit be payable in a third country, then that benefit, when payable by virtue of Part III, is also payable in that third country.
    3. Where qualification for an Australian benefit is subject to limitations as to time, then references to Australia in those limitations shall be read also as references to the United States when that benefit is payable by virtue of this Agreement.
    4. A benefit payable by a Party by virtue of this Agreement or under its laws shall be paid by that Party without the deduction of administrative fees and charges by the government or the corresponding Competent Authority for processing and paying that benefit, when the person qualifying for the benefit is in the territory of the other Party.
    5. Any provisions of Australian laws which prohibit the payment of an Australian benefit to a former Australian resident who:
         (a) returns to Australia to again become an Australian resident;
         (b) claims an Australian benefit; and
         (c) departs Australia within a period specified in that law,
     shall not apply to a person who receives that benefit by virtue of the Agreement.
    6. Section 202(t)(11) (E) of the Social Security Act of the United States shall not apply to an Australian national unless he or she is a resident of the United States, Australia or a third country with which the United States has a Social Security agreement in force concluded pursuant