Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:24:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 24 (pt 4/12)
Character Range: 828172–830807

the territory of the second Party in the employment of the employer or a related entity of that employer;

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

       (e) a period of 5 years from the time the employee was sent to work in the territory of the second Party has not elapsed;

the employer of the employee and employee shall be subject only to the legislation of the first Party in respect of the work performed and the remuneration paid for that work.

4. For the purposes of subparagraph 3(c) an entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group.

Article 10
Exception agreements

The Competent Authorities or the bodies designated by them may agree in writing to modify the application of the provisions of this Part in respect to a particular person or particular category of persons.

Article 11
Accompanying Family Members of Seconded Employees

1. Family members, who accompany an employee sent to Australia to whom paragraphs 2 and 3 of Article 9 or Article 10 apply, shall for any period in which they are not working in the territory of Australia be subject to Finnish legislation.

2. Family members, who accompany an employee sent to Finland to whom paragraphs 2 and 3 of Article 9 or Article 10 apply, shall not be subject to Finnish legislation for any period during which they are not working in the territory of Finland.

3. For the purposes of this Article, family member for Finland means family member as defined in the legislation of Finland.

    PART III
PROVISIONS RELATING TO AUSTRALIAN BENEFITS

ARTICLE 12
Residence or Presence in Finland

Where a person would be qualified under the legislation of Australia 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 is a Finnish resident, and

 (b) is in Australia, or Finland,

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

ARTICLE 13
Totalisation in relation to 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, under the legislation of Australia for a benefit; and

       (b) a period of Australian working life