Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:4:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 4 (pt 3/12)
Character Range: 122570–125273

a new category of beneficiaries has arisen as described in paragraph 3, no qualification for benefits in that category shall exist until the expiration of the period set out in that paragraph.

ARTICLE 3
Personal Scope
    This Agreement shall apply to any person who:
         (a) is or has been an Australian resident; or
         (b) is residing or has resided in Canada within the meaning of the Old Age Security Act or is making or has made contributions pursuant to the Canada Pension Plan
and, where applicable, to any partner, spouse, common‑law partner, dependent or survivor of such a person.

ARTICLE 4
Equality of Treatment
Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whether directly under the legislation of that Party or by virtue of this Agreement.

PART II – PROVISIONS RELATING TO AUSTRALIAN BENEFITS

ARTICLE 5
Residence or Presence in Canada or a Third State
    1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian resident and in Australia on the date on which he or she lodges a claim for that benefit but he or she:
         (a) is an Australian resident or residing in Canada or a third State with which Australia has concluded an agreement on social security that includes provision for co‑operation in the assessment and determination of claims for benefits; and
         (b) is in Australia, Canada 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 benefit who has never been an Australian resident.

ARTICLE 6
Totalisation for Australian Benefits
    1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
         (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, for a benefit under the legislation of Australia; and
         (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 6 for that person,
    and has accumulated a Canadian creditable period, then for the purposes of a claim for that Australian benefit, that Canadian creditable period shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident.
    2. In the case of a claim by a