Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:13:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 13 (pt 5/16)
Character Range: 425089–427643

territory of the United States, that employer and a related entity of the employer shall be considered one and the same.  An entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group.
    6. Paragraph 3 shall apply where a person who has been sent by his or her employer from the territory of a Party to the territory of a third State is subsequently sent by that employer from the territory of the third State to the territory of the other Party.
    7. Where a person who is a resident of the United States works in the capacity of a self‑employed person, the person shall be subject to the laws of only the United States.
    8. Where a national of the United States who is a resident of Australia works in the capacity of a self‑employed person, the person shall not be subject to the laws of the United States.
    9. Where the same activity is considered to be self‑employment under the laws of one Party and employment under the laws of the other Party, that activity shall be treated according to the provisions of this Article concerning self‑employment.
    10. A person, or that person's employer, who would otherwise be covered under the laws of both Parties with respect to employment of that person as an officer or member of a crew on a ship or aircraft shall, with respect to that employment, be subject only to the laws of the Party of which that person is a resident.
    11. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963.
    12. If an employee:
         (i) is subject to the laws of one Party ("the first Party");
         (ii) was sent, whether before, on or after the entry into force of this Agreement, by the Government of the first Party to work in the territory of the other Party ("the second Party");
         (iii) is working in the territory of the second Party in the employment of the Government of the first Party;
         (iv) is not working permanently in the territory of the second Party; and
         (v) is not exempt from the laws of the second Party by virtue of the conventions mentioned in paragraph 11;
     the Government of the first Party and the employee shall be subject only to the laws of the first Party, and, if the spouse of the employee also meets the conditions specified in subparagraphs (iii)‑(v), the spouse and the Government of the first Party shall be subject only to the laws of the