Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:30:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 30 (pt 5/12)
Character Range: 1004398–1007133

four years from the time the self‑employed person commenced working in Australia has not elapsed; and

         (d) is not working permanently in the territory of Australia,

    then the self‑employed person shall be subject only to the legislation of the Republic of Latvia in respect of the work performed and the remuneration paid for that work after the commencement of this Part.

    5. For the purposes of subparagraph 2(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 9
Exception agreements

    1. The Competent Institutions of the Parties may for the purposes of this Part by agreement in writing:

         (a) extend the period of 4 years referred to in subparagraph 2(d) of Article 8 for any employee; or

         (b) provide that an employee is deemed to work in the territory of a particular Party or to work on a ship or aircraft in international traffic under the legislation of a particular Party and is covered only by the legislation of that Party.

    2. Any agreement made under paragraph 1 may apply to:

         (a) a class of employees; and/or

         (b) particular work or particular type of work (including work that has not occurred at the time the agreement is made).

PART III

PROVISIONS RELATING TO BENEFITS UNDER THE LEGISLATION OF AUSTRALIA
Article 10
Residence or Presence in the Republic of Latvia

    1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian 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 resides in the Republic of Latvia; and

         (b) is in Australia or the Republic of Latvia,

    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.

    2. For the purpose of subparagraph 1(a), a person who resides in the Republic of Latvia shall be limited to persons who permanently reside in the Republic of Latvia.

Article 11
Totalisation for Australia

    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 that benefit; and

         (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and

         (c)