Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:8:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 8 (pt 5/14)
Character Range: 263727–266411

Australia.

ARTICLE 9

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 paragraph 2 of Article 8 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 a particular type of work (including work that has not occurred at the time the agreement is made).
PART III — PROVISIONS RELATING TO AUSTRALIAN BENEFITS

ARTICLE 10

Residence or Presence in the Territory of Ireland 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 that he or she is not an Australian resident and in Australia on the date on which he or she lodges a claim for that benefit but he or she:

         (a) is an Australian resident or residing in the territory of Ireland or a third State with which Australia has concluded an agreement on social security that includes a provision for co‑operation in the assessment and determination of claims for benefits; and

         (b) is in Australia, or the territory of Ireland or that third State,

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

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 a benefit; and

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

         (c) an Irish period of insurance,

    then, that Irish period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident provided that Ireland considers that period to be an Irish period of insurance at the time of totalisation.

    2. For the purposes of paragraph 1, where a person:

         (a) has been an Australian resident for a continuous period which is less