Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:19:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 19 (pt 3/14)
Character Range: 650366–653329

they derive from the persons described above.

    ARTICLE 4

    Equality of Treatment

     1. Unless otherwise provided in this Agreement, Norwegian and Australian nationals shall be treated equally in relation to Norwegian legislation in regard to rights and obligations which arise whether directly under Norwegian legislation or by virtue of this Agreement.

     2. Unless otherwise provided in this Agreement, all persons to whom this Agreement applies shall be treated equally in relation to Australian legislation in regard to rights and obligations relating to benefits which arise whether directly under Australian legislation or by virtue of this Agreement.

    ARTICLE 5

    Payment of Benefits Abroad

     1. Unless otherwise decided in this Agreement, the provisions of the legislation of a Party making the payment of cash benefits conditional upon residence or stay in the territory of that Party, shall not apply to persons who stay or reside in the territory of the other Party.

     2. In respect of Australian legislation, rent assistance, pharmaceutical allowance and any other additional amount, increase or supplement payable with a benefit under this Agreement, shall, subject to the provisions of Article 2 paragraph 2, only be payable outside Australia to the extent provided in Australian legislation.

     3. The provisions of this Article do not apply to Australian Disability Support Pensions paid to non‑severely disabled persons.

     4. In respect of Norwegian legislation, the provisions of this Article shall apply only to disability and old age pensions as designated in Article 2 paragraph 1 subparagraph (b)(i) A and B. However this Article shall not apply to such pensions, or parts of pensions, calculated under the provisions relating to a guaranteed minimum supplementary pension for persons who are born disabled or who become disabled at an early age or under the special provisions governing the calculation of pensions to refugees and stateless persons.

     5. In respect of Norwegian legislation, the provisions of this Article shall be applicable only if the person concerned has completed at least

        (a) one year of occupational activity in Norway, or

        (b) three years of residence in Norway

    prior to the contingency and within the age limits which apply for pension earning in Norway.

    PART II

COVERAGE PROVISIONS

SECTION A

PROVISIONS RELATING TO THE SUPERANNUATION GUARANTEE LEGISLATION OF AUSTRALIA EXCLUSIVELY AND TO NORWEGIAN LEGISLATION

ARTICLE 6

Purpose of the Section

The purpose of this section is to ensure that employers and employees who are subject to the legislation of Norway or Australia do not have a double liability 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