Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:16:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 16 (pt 5/12)
Character Range: 566146–568786

remuneration paid for the work be subject only to the legislation of that Party.

    2. If an employee:

       (a) is covered by the legislation of one Party; and

       (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of that Party to work in the territory of the other Party; and

       (c) is working in the territory of the other Party in the employment of the employer or a related entity of that employer; and

       (d) was sent to work in the territory of the other Party and a period of 4 years has not elapsed from that time; and

       (e) is not working permanently in the territory of the other Party;

    the employer and employee shall be subject only to the legislation of the Party from which the employee was sent in respect of the work and the remuneration paid for the work. 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.

    3. If the employer for the purposes of paragraph 2 of this Article is, in relation to Australia, a Governmental body, a political subdivision or local authority, or in relation to Croatia, a Governmental body, then the time limit specified in subparagraph 2(d) shall not apply.

ARTICLE 11

Exception Agreements

    1. The Competent Authorities 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 10 for any employee; or

       (b) provide that an employee is taken 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 IV – PROVISIONS RELATING TO AUSTRALIAN BENEFITS

ARTICLE 12

Residence or presence in Croatia or a Third State

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 day on which the claim is lodged, but:
(a) is an Australian resident or a resident of Croatia (or a third State with which Australia has concluded an agreement on social security which includes provision for co‑operation in the assessment and determination of claims for benefits and which includes that category