Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:29:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 29 (pt 3/14)
Character Range: 964578–967282

benefits which arise whether directly under the legislation of that Contracting Party or by virtue of this Agreement.

Article 5
Export of Benefits
1. Unless otherwise provided in this Agreement, benefits payable under the legislation of a Contracting Party to any person described in Article 3, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the person resides in the territory of the other Contracting Party, and these benefits shall be paid when that person is a resident of, or in, the territory of either Contracting Party.
2. In relation to Australia, for the purposes of Article 5.1, any increase or supplement that is payable under this Agreement, shall be payable to a person outside Australia only for the period specified in the Social Security Act 1991. The reference to the Social Security Act 1991 includes any laws that subsequently amend, supplement or replace that Act.

PART II

PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

Article 6
General provisions
1. The purpose of this Part is to ensure that employers and employees who are subject to the legislation of Australia or the Republic of Hungary do not have a double liability under the legislation of Australia and the Republic of Hungary, in respect of the same work of an employee.
2. This Part only applies if an employee and/or their employer would, apart from this Part, be subject to the legislation of both Contracting Parties in respect of work of the employee or remuneration paid for the work.
3. Subject to this Part of the Agreement, if an employee works in the territory of a Contracting Party, the employee and their employer shall, in respect of that work, be subject only to the legislation of that Contracting Party.

Article 7
Secondment

1. If a person who is subject to the legislation of a Contracting Party and who is employed by an employer registered under the laws of that Contracting Party is sent, in the course of that employment, to work for that employer or a related entity of that employer in the territory of the other Contracting Party, that person and their employer shall, in respect of that work, be subject only to the legislation of the first Contracting Party as though that work was performed in its territory.

2. For the purposes of paragraph 1, a related entity, registered in the territory of the other Contracting Party, is:

         (a) the subsidiary or the majority owner of the employer; or

         (b) an associated enterprise of the employer, where both are majority owned by the same enterprise.

3. Paragraph 1 shall not apply to a