Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:9:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 9 (pt 2/15)
Character Range: 290562–293468

the Party in which the institution is situated; or
                  (iii) the institution designated by the Competent Authority of Portugal;

         (e) "Government employment" in relation to Australia includes employment by a political subdivision or local authority of Australia";

         (f) "legislation" means, in relation to Australia, the law specified in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part III of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the law specified in subparagraph 1(a)(ii) of Article 2; and in relation to Portugal, any laws, regulations and other statutory instruments which are in force in the whole or any part of its territory and which relate to the social security schemes specified in Article 2;

         (g) "period of Australian working life residence", in relation to a person, means a period defined as such in the legislation of Australia, but does not include any period deemed pursuant to Article 16 to be a period in which that person was an Australian resident;

         (h) "Portuguese insurance period" means the period of contributions or any equivalent period which has been or can be used to acquire the right to a benefit under Portuguese legislation, but does not include any period considered under paragraph 1 of Article 18 as a Portuguese insurance period;

         (i) "previous Agreement" means the Agreement between the Government of Australia and the Government of the Republic of Portugal on Social Security signed on 30 April 1991;

         (j) "territory" means, in relation to Australia, Australia as defined in the legislation of Australia; and, in relation to Portugal, the territory of the Republic of Portugal on the European continent and the archipelagos of the Azores and Madeira;

         (k) "widow" means:

               in relation to Australia:
                  ‑ a de jure widow; or
                  ‑ a woman who was a member of a couple for 3 years immediately before her partner died and was wholly or mainly financially maintained by him;
                  ‑ but does not include a woman who has a partner;

               and in relation to Portugal:
                  ‑ a de jure widow; or
                  ‑ a legally separated woman or divorced woman entitled to alimony; or
                  ‑ a person covered by paragraph 1 of Article 2020 of the Civil Law Code.

    2. In the application of this Agreement by a Party, any term not defined in it shall, unless the context otherwise requires, have the meaning which it has under the legislation of that Party.

ARTICLE 2
Legislative Scope

    1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, supplement or