Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:19:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 19 (pt 6/14)
Character Range: 658106–660965

under the Norwegian National Insurance Scheme.

SECTION B

    PROVISIONS RELATING TO AUSTRALIAN LEGISLATION, THE SUPERANNUATION GUARANTEE LEGISLATION OF AUSTRALIA EXCLUDED, AND TO NORWEGIAN LEGISLATION

ARTICLE 13

Temporary Absence from Australia

An Australian resident shall not cease to be regarded as an Australian resident because he or she is staying temporarily in Norway for any reason.

ARTICLE 14

Spouse or Partner and Dependants of Employees

     1. The spouse or partner and dependants who accompany a person mentioned in Article 9 paragraph 2 and Article 9 paragraph 3 to Australia shall be subject to Norwegian legislation for any period in which they are not occupationally active in the territory of Australia.

     2. The spouse or partner and children who accompany a person mentioned in Article 9 paragraph 2 and Article 9 paragraph 3 to Norway shall not be subject to Norwegian legislation for any period in which they are not occupationally active in the territory of Norway.

    PART III

    PROVISIONS RELATING TO AUSTRALIAN BENEFITS

    ARTICLE 15

    Residence or Presence in Norway

     1. Where a person would be qualified under Australian legislation or by virtue of this Agreement for a benefit except for not being an Australian resident and in Australia on the date on which the claim for that benefit is lodged, but:

        (a) is an Australian resident or residing in the territory of Norway; and

        (b) is in Australia, or the territory of Norway,

     that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.

     2. Australian legislation which provides for, applies to or affects disability support pension for a person who is not severely disabled shall not be affected by paragraph 1.

ARTICLE 16
Totalisation for Australia

     1. Where a person to whom this Agreement applies has accumulated:

        (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under Australian legislation, for a benefit; and

        (b) a period of Australian working life residence equal to or greater than the minimum period identified in accordance with paragraph 4; and

        (c) a period of insurance in Norway

     then that period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in Australian legislation, to be a period in which that person was an Australian resident.

     2. For the purposes of paragraph 1, where a person:

        (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by Australian legislation, for entitlement of that person to a benefit;