Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:33:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 33 (pt 4/16)
Character Range: 1083208–1085850

before, on or after the commencement of this Agreement, by an employer who is subject to the legislation of the first Contracting Party to work in the territory of the second Contracting Party; and

3. is working in the territory of the second Contracting Party in the employment of the employer or a related entity of that employer; and

4. is not working permanently in the territory of the second Contracting Party and has not been in the territory of the second Contracting Party, in relation to the work for which the employee was sent, for a period exceeding three years,

the employer and the employee shall be subject only to the legislation of the first Contracting Party in respect of the work performed and the remuneration paid for that work.

(4) For the purposes of subparagraph 3 of paragraph 3 of this Article 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.

(5) If an employee is working in the employment of an employer on a ship or aircraft in international traffic, the employer and the employee shall in respect of the employment and the remuneration paid for that employment be subject only to the legislation of the Contracting Party of which the employee is resident.

Article 9
Exceptions

The Competent Authorities, or the Competent Institutions designated by them, may agree in writing to modify the application of the provisions of Article 8 of this Agreement.

Article 10
Certificate on Coverage

Where the legislation of one of the Contracting Parties is applicable in accordance with any of the provisions of this Part, the Competent Authority or the Competent Institution of the Contracting Party shall issue, upon request of the employer, a certificate stating that the employee is subject to the legislation of that Contracting Party and indicating the duration for which the certificate shall be valid.

PART III
PROVISIONS FOR BENEFITS UNDER THE LEGISLATION OF AUSTRALIA

Article 11
Residence or Presence in the Republic of Serbia

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 not in Australia on the date on which the claim for that benefit is lodged, but:

1. is an Australian resident or a resident of the Republic of Serbia; and

2. is in Australia or the Republic of Serbia,

that person, so long as he or she has a minimum of 12 months Australian working life residence, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.