Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:26:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 26 (pt 3/13)
Character Range: 879978–882755

Part only applies if an employee and/or their employer would, apart from this Part, be subject to the legislation of both Contracting Parties in respect of work of the employee and remuneration paid for the work.

Article 7
Diplomatic and Consular Relations

This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or the Vienna Convention on Consular Relations of 24 April 1963.

Article 8
Avoidance of Double Coverage

1. Unless otherwise provided in this Part, if an employee works in the territory of one Contracting Party, the employee and their employer shall in respect of the work and the remuneration paid for the work be subject only to the legislation of that Contracting Party.

2. If an employee:

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

         2.2 was sent, whether before, on or after the commencement of this Agreement, by the Government of the first Contracting Party to work in the territory of the other Contracting Party ('the second Contracting Party'); and

         2.3 is working in the territory of the second Contracting Party in the employment of the Government of the first Contracting Party; and

         2.4 is not working permanently in the territory of the second Contracting Party;
the employee and their employer shall be subject only to the legislation of the first Contracting Party in respect of the work and the remuneration paid for the work. For the purposes of this paragraph, "Government" includes, in relation to Australia, a State or Territory Government or local authority of Australia.

3. If an employee:

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

         3.2 was sent, whether before, on or after the commencement of this Agreement, by an employer who is subject to the legislation of the first Contracting Party to work in the territory of the other Contracting Party ('the second Contracting Party'); and
         3.3 is working in the territory of the second Contracting Party in the employment of the employer or a related entity of that employer; and

         3.4 a period of 4 years from the time the employee was sent to work in the territory of the second Contracting Party has not elapsed; and

         3.5 the employee is not working permanently in the territory of the second Contracting Party;
the employee and their employer shall be subject only to the legislation of the first Contracting Party in respect of the work and the remuneration paid for the work.

4.              For the purposes of subparagraph 3.3 of this Article an entity is a related entity of an employer if the entity and the employer are members of