Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:19:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 19 (pt 4/14)
Character Range: 653094–655740

under the legislation of Norway and Australia, in respect of the same work of an employee.

ARTICLE 7

Application of the Section

This Section shall only apply if an employee and/or the employer of the employee would, apart from this Section, be subject to the legislation of both Parties in respect of work of the employee or remuneration paid for the work.

    ARTICLE 8

    Diplomatic and Consular Relations

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.

    ARTICLE 9

    Avoidance of Double Coverage

     1. Unless otherwise provided in paragraphs 2, 3 or 5, if an employee works in the territory of one Party, the employer of the employee and the employee shall in respect of the work and the remuneration paid for the work be subject only to the legislation of that Party. This shall apply even if the employer or employee is resident in the territory of the other Party.

     2. If an employee:

        (a) is covered by the legislation of one Party ('the first Party');

        (b) 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');

        (c) is working in the territory of the second Party in the employment of the Government of the first Party; and

        (d) is not working permanently in the territory of the second Party;

    the employer of the employee and employee shall be subject only to the legislation of the first Party in respect of the work performed after entry into force of this Agreement and the remuneration paid for that work.

     3. If an employee:

        (a) is covered by the legislation of one Party ('the first Party') and in the case of Norway, is on a Norwegian payroll as determined by Norwegian legislation;

        (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of the first Party to work in the territory of the other Party ('the second Party');

        (c) is working in the territory of the second Party in the employment of the employer or a related entity of that employer;

        (d) has not been in the territory of the second Party more than 3 years after being sent to work on that territory by the employer; and

        (e) is not working permanently in the territory of the second Party;

    the employer of the employee and employee shall be subject only to the legislation of the first Party in respect of the work