Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:9:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 9 (pt 6/15)
Character Range: 301178–303885

Portugal, the legislation of Portugal shall not apply to the employee and the employer in respect of that employment and the employee and the employer shall remain subject to the legislation of Australia in respect of that employment.

    5. If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer of the employee shall in respect of the employment and the remuneration paid for that employment be subject only to the legislation of the Party of which the employee is resident.

ARTICLE 13
Exception agreements

    1. The competent authorities for Australia and Portugal may for the purposes of this Part by agreement in writing:

          (a) extend the period of 4 years referred to in subparagraph 2(d) of Article 12 for any employee; or

          (b) provide that an employee is taken to work in the territory of a particular Party or to work on a ship or aircraft in international traffic under the legislation of a particular Party and is subject only to the legislation of that Party.

2. Any agreement made under paragraph 1 may apply to:

          (a) a class of employees; and/or

          (b) particular work or particular type of work (including work that has not occurred at the time the agreement is made).

PART IV‑ PROVISIONS RELATING TO BENEFITS

SECTION I ‑ AUSTRALIAN BENEFITS

ARTICLE 14
Residence or Presence in Portugal or a Third State

    1. Where a person would not qualify for a benefit under the legislation of Australia or by virtue of this Agreement only because he or she was not an Australian resident and present in Australia on the date on which the claim for that benefit would be lodged but that person:

         (a) is an Australian resident or a resident of Portugal (or a third country with which Australia has implemented an agreement on social security that includes provision for cooperation in the lodgement and determination of claims for benefits); and

         (b) is physically in Australia, or in Portugal or that third State;

     that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.

    2. Paragraph 1 shall not apply to a claimant for a carer payment who has never been an Australian resident.

    3. For the purposes of qualification for a carer payment as defined in this Agreement, which is payable by virtue of this Agreement, a person who is in Portugal shall be regarded as being in Australia.

ARTICLE 15
Partner Related Australian Benefits

For the purposes of this Agreement, a person who receives an Australian benefit due to the fact that the partner of that person receives, by virtue of