Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SCHEDULE 6

                             SCHEDULE 6                      Section 75

NEW INTERNATIONAL AGREEMENTS
                            SCHEDULE 9                     Section 1208

AGREEMENT
between
AUSTRALIA
and
IRELAND
ON SOCIAL SECURITY Australia and Ireland, Wishing to strengthen the existing
friendly relations between the two countries, and Resolved to coordinate their
social security systems, Have agreed as follows:
PART I
GENERAL PROVISIONS
ARTICLE 1 Definitions
1. In this Agreement, unless the context otherwise requires:

   (a)  "benefit" means, in relation to a Party, a benefit, pension or
        allowance for which provision is made in the legislation of that
        Party, and includes any additional amount, increase or supplement that
        is payable in addition to that benefit, pension or allowance to or in
        respect of a person who qualifies for that additional amount, increase
        or supplement under the legislation of that Party;

   (b)  "Competent Authority" means, in relation to Australia: the Secretary
        to the Department of Social Security; and in relation to Ireland: the
        Minister for Social Welfare;

   (c)  "Competent Institution" means, in relation to Australia: the
        Department of Social Security; and in relation to Ireland: the
        Department of Social Welfare;

   (d)  "legislation" means, in relation to Australia: the laws specified in
        subparagraph 1(a) of Article 2; and in relation to Ireland: the laws
        specified in subparagraph 1(b) of Article 2;

   (e)  "period of residence in Australia", in relation to a person, means a
        period defined as such in the legislation of Australia, but does not
        include any period deemed pursuant to Article 8 to be a period in
        which that person was an Australian resident;

   (f)  "Irish period of insurance" means, a period in respect of which
        qualifying contributions have been paid or a period in respect of
        which contributions have been treated as paid or credited and which
        has been or can be used to acquire the right to benefit under the
        legislation of Ireland, but does not include any period deemed
        pursuant to Article 10 to be an Irish period of insurance;

   (g)  "territory" means, in relation to Australia: Australia as defined in
        the legislation of Australia; and in relation to Ireland: that part of
        the island of Ireland which is at present under the jurisdiction of
        the Government of Ireland;

   (h)  "widow" means, in relation to Australia, a de jure widow but does not
        include a woman who is the de facto spouse of a man.
2. In the application by a Party of this Agreement in relation to a person,
any term not defined in this Article shall, unless the context otherwise
requires, have the meaning assigned to it in the legislation of either Party
or, in the event of a conflict of meaning, by whichever of those laws is the
more applicable to the circumstances of that person.
ARTICLE 2 Legislative Scope
1. Subject to paragraph 2, this Agreement shall apply to the following laws,
as amended at the date of signature of this Agreement, and to any laws that
subsequently amend, supplement, consolidate or replace them:

   (a)  in relation to Australia: the Social Security Act 1947 in so far as
        the Act provides for, applies to or affects the following benefits:
  (i)    age pensions;

  (ii)   invalid pensions;


   (iii) pensions payable to widows;
  (iv)   wives' pensions; and

  (v)    widowed person's allowances;

  (b)    in relation to Ireland: the Social Welfare Acts 1981 to
1991 and the regulations made thereunder to the extent that they provide for
and apply to:
  (i)    old age (contributory) pensions;

  (ii)   retirement pensions;


   (iii) widow's (contributory) pensions;
  (iv)   invalidity pensions;

  (v)    orphan's (contributory) allowances;

  (vi)   death grants; and


   (vii) the liability for the payment of employment and self-employment
        contributions.
2. Notwithstanding the provisions of paragraph 1, the legislation of Australia
shall not include any laws made at any time for the purpose of giving effect
to any agreement on social security.
3. This Agreement shall apply to laws which extend the legislation of either
Party to new categories of beneficiaries only if the two Parties so agree in a
formal amendment to this Agreement.
ARTICLE 3
Personal Scope This Agreement shall apply to any person who:

   (a)  is or has been an Australian resident; or

   (b)  is or has been subject to the legislation of Ireland, and, where
        applicable, to other persons in regard to the rights they derive from
        the person described above.
ARTICLE 4
Equality of Treatment Subject to this Agreement, all persons to whom this
Agreement applies shall be treated equally by a Party in regard to rights and
obligations which arise whether directly under the legislation of that Party
or by virtue of this Agreement.
ARTICLE 5
Detached Workers
1. (a) Where a person, who is insurably employed under the legislation of
Ireland, is sent by his or her employer, whose principal place of business is
in the territory of Ireland, to the territory of Australia to perform work
there on the employer's behalf which is of a temporary nature, the legislation
of Ireland concerning liability for the payment of employment contributions
shall apply during the first 24 months of the employment in the territory of
Australia.

   (b)  However, if the time taken to complete the work in the territory of
        Australia exceeds 24 months the Competent Authority of Ireland may, at
        the request of the employer of the person concerned, extend the period
        in respect of which the legislation of Ireland shall apply.
2. (a) The Competent Authority of Ireland may grant exemption from liability
to pay employment contributions which would otherwise be payable under the
legislation of Ireland, for a period not exceeding 24 months, in respect of
employment in the territory of Ireland of an Australian resident, where the
Competent Authority of Ireland is satisfied that the employment is of a
temporary nature.

   (b)  If, however, the time taken to complete the work in the territory of
        Ireland exceeds 24 months, the Competent Authority of Ireland may
        extend the period in respect of which the said exemption shall apply.
PART II
PROVISIONS RELATING TO BENEFITS
AUSTRALIAN BENEFITS
ARTICLE 6 (SU1Residence or Presence in the Territory of Ireland or a Third
State
1. 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 shall be deemed, for the purposes of lodging that claim, to be
        an Australian resident and in Australia on that date.
2. Paragraph 1 shall not apply to a claimant for a wife's pension who has
never been an Australian resident.
ARTICLE 7
Spouse Related Australian Benefits For the purposes of Article 9 only, a
person who receives from Australia an Australian benefit, pension or allowance
under the social security laws of Australia due to the fact that the spouse of
that person receives, by virtue of this Agreement, an Australian benefit shall
be deemed to be receiving that benefit, pension or allowance as if it were an
Australian benefit received by virtue of this Agreement.
ARTICLE 8
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 him or her, on that ground, under the legislation
        of Australia for a benefit; and

   (b)  a period of residence in Australia equal to or greater than the period
        identified in paragraph 4 for that person and has accumulated an Irish
        period of insurance, then for the purposes of a claim for that
        Australian benefit, 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.
2. For the purposes of paragraph 1, where a person:

   (a)  has been an Australian resident for a continuous period which is less
        than the minimum continuous period required by the legislation of
        Australia for entitlement of that person to a benefit; and

   (b)  has accumulated an Irish period of insurance in two or more separate
        periods that equals or exceeds in total the minimum period referred to
        in subparagraph (a), the total of the Irish periods of insurance shall
        be deemed to be one continuous period.
3. For all the purposes of this Article, where a period by a person as an
Australian resident and an Irish period of insurance coincide, the period of
coincidence shall be taken into account once only by Australia as a period as
an Australian resident.
4. The period of residence in Australia to be taken into account for the
purposes of subparagraph 1(b) shall be as follows:

   (a)  for the purposes of an Australian benefit that is payable to a person
        residing outside Australia, the minimum period required shall be 12
        months, of which at least 6 months must be continuous; and

   (b)  for the purposes of an Australian benefit that is payable to an
        Australian resident, no minimum period shall be required.
5. For the purpose of a claim by a person for a pension payable to a widow,
that person shall be deemed to have accumulated an Irish period of insurance
for any period for which her spouse accumulated an Irish period of insurance
but any period during which the person and her spouse both accumulated those
periods of insurance shall be taken into account once only.
6. For the purpose of converting Irish periods of insurance into periods as an
Australian resident in accordance with this Article, one week of an Irish
period of insurance shall be deemed to be a period of a week as an Australian
resident.
ARTICLE 9
Calculation of Australian Benefits
1. Subject to paragraph 2, where an Australian benefit is payable whether by
virtue of this Agreement or otherwise to a person who is outside the territory
of Australia, the rate of that benefit shall be determined according to the
legislation of Australia but when assessing the income of that person for the
purposes of calculating the rate of the Australian benefit only a proportion
of any Irish benefit which is received by that person shall be regarded as
income. That proportion shall be calculated by multiplying the number of whole
months accumulated by that person in a period of residence in Australia (not
exceeding 300) by the amount of that Irish benefit and dividing that product
by 300.
2. A person referred to in paragraph 1 shall only be entitled to receive the
concessional assessment of income described in that paragraph for any period
during which the rate of that person's Australian benefit is proportionalised
under the legislation of Australia.
3. Where an Australian benefit is payable, whether by virtue of this Agreement
or otherwise to a person who is resident in the territory of Ireland,
Australia shall disregard, when assessing the income of that person, any of
the Irish payments listed hereunder:
  (i)    unemployment assistance;

  (ii)   old age pension;


   (iii) blind pension;
  (iv)   widow's (non-contributory) pension;

  (v)    orphan's (non-contributory) pension;

  (vi)   deserted wife's allowance;


   (vii) prisoners' wife's allowance;

   (viii) lone parent's allowance;
  (ix)   single woman's allowance

  (x)    supplementary welfare allowance;

  (xi)   child benefit;


   (xii) rent allowance;

   (xiii) a maintenance allowance under Section 69 of the Health Act 1979;

   (xiv) any allowance, dependant's allowance, disability pension or wound
        pension under the Army Pensions Act 1923 to 1980; and any other
        payments of a similar nature, as mutually determined from time to time
        in letters exchanged between the Ministers respectively administering
        the legislation of Australia and Ireland, paid to that person by
        Ireland.
4. Subject to the provisions of paragraph 5, where an Australian benefit is
payable only by virtue of this Agreement to a person who is in Australia, the
rate of that benefit shall be determined by:

   (a)  calculating that person's income according to the legislation of
        Australia but disregarding in that calculation any Irish benefits
        received by that person;

   (b)  deducting the amount of any Irish benefits received by that person
        from the maximum rate of that Australian benefit; and

   (c)  applying to the remaining benefit obtained under subparagraph (b) the
        relevant rate calculation set out in the legislation of Australia,
        using as the person's income the amount calculated under subparagraph
        (a).
5. Where a married person is, or both that person and his or her spouse are,
in receipt of an Irish benefit or benefits, each of them shall be deemed, for
the purpose of paragraph 4 and for the legislation of Australia, to be in
receipt of one half of either the amount of that benefit or total of both of
those benefits, as the case may be.
6. If a person would receive an Australian benefit except for the operation of
paragraph 4 or except for that person's failure to claim the benefit, then for
the purposes of a claim by that person's spouse for a payment under the
legislation of Australia that person shall be deemed to receive that benefit.
7. The reference in paragraph 6 to a payment under the legislation of
Australia to the spouse of a person is a reference to a payment of any
benefit, pension or allowance payable under the social security laws of
Australia and whether payable by virtue of this Agreement or otherwise.
8. As soon as is practicable after the exchange of letters in which Irish
payments are mutually determined for the purposes of paragraph 3, the Minister
administering the legislation of Australia shall cause to be published in the
Commonwealth of Australia Gazette a notice specifying such Irish payments.
PART III
PROVISIONS RELATING TO IRISH BENEFITS
ARTICLE 10
Totalisation for Ireland
1. Notwithstanding the provisions of paragraphs 2 and 3 of this Article where
a person is entitled to an Irish benefit by virtue of his or her Irish periods
of insurance alone, that benefit shall be payable and the provisions of
paragraph 2 of this Article shall not apply.
2. Subject to paragraph 4, if a person is not entitled to an Irish benefit on
the basis of his or her Irish periods of insurance alone, then such periods
shall be totalised with periods of residence in Australia, in accordance with
the provisions of paragraph 3. The person's entitlement to benefit shall be
determined on the basis of the totalised periods in accordance with the
statutory contribution conditions provided for under the legislation of
Ireland and the amount of Irish benefit payable shall be calculated in
accordance with the provisions of Article 11.
3. For the purposes of determining entitlement to an Irish benefit in
accordance with the provisions of paragraph 2, a period of residence in
Australia by a person shall be considered to be a period in respect of which
the person has qualifying contributions under the legislation of Ireland.
4. For the purposes of paragraph 3, each calendar week or part thereof in
which a person has a period of residence in Australia shall be deemed to be a
contribution week in respect of which the person has a qualifying contribution
under the legislation of Ireland.
5. Where a period of residence in Australia and an Irish period of insurance
coincide, the period of coincidence shall be taken into account once only by
Ireland as an Irish period of insurance.
6. Subject to paragraph 7, if the total duration of the Irish periods of
insurance completed under the legislation of Ireland is less than one year and
if, taking into account only those periods, no right to a benefit exists under
that legislation, the Competent Authority of Ireland will not be required to
award benefits in respect of those periods by virtue of this Agreement.
7. For the purpose of determining entitlement to a death grant or orphan's
(contributory) allowance:

   (a)  periods of residence in Australia shall be taken into account as if
        they were Irish periods of insurance completed under the legislation
        of Ireland;

   (b)  periods of residence in Australia shall be converted into Irish
        periods of insurance in accordance with the provisions of paragraph 3,
        with the exception that no period of residence in Australia prior to 1
        October 1970 shall be taken into account for the purposes of
        determining entitlement to a death grant.
8. For the purposes of determining entitlement of a person to an invalidity
pension, any period of continuous incapacity for work which occurs during a
period of residence in Australia by that person shall be deemed to be a period
of continuous incapacity in the territory of Ireland.
9. For the purposes of converting periods of residence in Australia into Irish
periods of insurance as provided for in paragraphs 3 and 7, periods of
residence in Australia which occur either before a person attains the age of
16 years or after a person attains pensionable age in Australia shall not be
taken into account.
ARTICLE 11
Calculation of Irish Benefits
1. Where a person is entitled to an Irish benefit by virtue of the
totalisation arrangements prescribed in Article 10, the Competent Institution
of Ireland shall calculate the amount of benefit, other than death grant and
orphan's (contributory) allowance, as follows:

   (a)  the amount of the theoretical benefit exclusive of any additional
        amount, or supplement or any increase other than an increase for an
        adult dependent which would be payable if all the periods of residence
        in Australia and all the Irish periods of insurance had been completed
        under Irish legislation;

   (b)  the proportion of such theoretical benefit which bears the same
        relation to the whole as the total of Irish periods of insurance
        completed under the legislation of Ireland bears to the total of all
        periods of residence in Australia and Irish periods of insurance. The
        proportionate amount thus calculated plus any additional amount,
        supplement or increase other than an increase for an adult dependent
        shall be the rate of benefit actually payable by the Competent
        Institution of Ireland.
2. In the case of death grant and orphan's (contributory) allowance the amount
of benefit payable shall be calculated in accordance with the relevant
contribution conditions under the legislation of Ireland taking account of the
provisions of Article 10(7).
PART IV
MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
ARTICLE 12
Lodgement of Documents
1. A claim, notice or appeal concerning a benefit, whether payable by a Party
by virtue of this Agreement or otherwise, may be lodged in the territory of
either of the Parties in accordance with administrative arrangements made
pursuant to Article 16 at any time after the Agreement enters into force.
2. The date on which a claim, notice or appeal referred to in paragraph 1 is
lodged with the Competent Institution of the other Party shall be treated, for
the purposes of assessing entitlement to benefit, as the date of lodgement of
that document with the Competent Institution of the first Party.
3. In relation to Australia, the reference in this Article to an appeal
document is a reference to a document concerning an appeal that may be made to
an administrative body established by the social security laws of Australia.
ARTICLE 13
Determination of Claims
1. In determining the eligibility or entitlement of a person to a benefit by
virtue of this Agreement:

   (a)  a period as an Australian resident and an Irish period of insurance;
        and

   (b)  any event or fact which is relevant to that eligibility or
        entitlement, shall, subject to this Agreement, and to the relevant
        provisions of the social security laws of each Party, be taken into
        account in so far as those periods or those events or facts are
        applicable in regard to that person and whether they were accumulated
        or occurred before or after the date on which this Agreement enters
        into force.
2. The commencement date for payment of a benefit payable by virtue of this
Agreement shall be determined in accordance with the legislation of the Party
concerned but shall never be earlier than the date on which this Agreement
enters into force.
3.(a) In the case of contingencies which occurred before the commencement of
this Agreement the amount of a benefit under the legislation of Ireland due
only by virtue of this Agreement shall be determined from the date of entry
into force of the Agreement at the request of the beneficiary.

   (b)  Where a claim for a determination in accordance with subparagraph (a)
        is submitted within two years from the date of entry into force of the
        Agreement, the benefit shall be paid from that date; otherwise the
        benefit shall be paid from the date determined under the legislation
        of Ireland.
4. Where:

   (a)  an Australian benefit payable by virtue of this Agreement is claimed
        or is being paid; and

   (b)  there are reasonable grounds for believing that the claimant may also
        be entitled, whether by virtue of this Agreement or otherwise, to an
        Irish benefit and, if paid, would affect the amount of the Australian
        benefit, that Australian benefit shall not be paid or continue to be
        paid until a claim is duly lodged for payment of the Irish benefit or
        if the claim for the Irish benefit is not actively pursued.
5. Where:

   (a)  a benefit is paid or payble by a Party to a person in respect of a
        past period;

   (b)  for all or part of that period, the other Party has paid to that
        person a benefit under its legislation; and

   (c)  the amount of the benefit paid by that other Party would have been
        reduced had the benefit paid or payable by the first Party been paid
        during that period; then

   (d)  the amount that would not have been paid by the other Party had the
        benefit described in subparagraph (a) been paid on a periodical basis
        throughout that past period, shall be a debt due by that person to the
        other Party; and

   (e)  the other Party may determine that the amount, or any part, of that
        debt may be deducted from future payments of a benefit payable by that
        Party to that person.
6. Where the first Party has not yet paid the benefit described in
subparagraph 5 (a) to the person:

   (a)  that Party shall, at the request of the other Party, pay the amount of
        the benefit necessary to meet the debt described in subparagraph 5 (d)
        to the other Party and shall pay any excess to the person; and

   (b)  any shortfall may be recovered by the other Party under subparagraph 5
        (e).
7. The Competent Institution receiving a request under paragraph 6 shall
transfer the amount of the debt to the Competent Institution making the
request.
8. A reference in paragraphs 4, 5 and 6 to a benefit, means, in relation to
Australia, a pension, benefit or allowance that is payable under the social
security laws of Australia and, in relation to Ireland, any pension, benefit
or allowance payable under the laws of Ireland.
ARTICLE 14
Payment of Benefits
1. Benefits of one Party are also payable in the territory of the other Party.
2. Where the legislation of a Party provides that a benefit is payable outside
the territory of that Party, then that benefit, when payable by virtue of this
Agreement, is also payable outside the territories of both Parties.
3. Where qualification for an Australian benefit is subject to limitations as
to time, then references to Australia in those limitations shall be read also
as references to the territory of Ireland.
4. The payment outside Australia of an Australian benefit that is payable by
virtue of this Agreement shall not be restricted by those provisions of the
legislation of Australia which prohibit the payment of a benefit to a former
Australian resident who returns to Australia, becoming again an Australian
resident, and lodges a claim for an Australian benefit and leaves Australia
within 12 months of the date of that return.
ARTICLE 15
Exchange of Information and Mutual Assistance
1. The Competent Authorities and Competent Institutions responsible for the
application of this Agreement:

   (a)  shall communicate to each other any information necessary for the
        application of this Agreement;

   (b)  shall lend their good offices and furnish assistance to one another
        with regard to the determination or payment of any benefit under this
        Agreement or the legislation to which this Agreement applies as if the
        matter involved the application of their own legislation;

   (c)  shall communicate to each other, as soon as possible, all information
        about the measures taken by them for the application of this Agreement
        or about changes in their respective legislation insofar as these
        changes affect the application of this Agreement; and

   (d)  at the request of one to the other, assist each other in relation to
        the implementation of agreements on social security entered into by
        either of the Parties with third States, to the extent and in the
        circumstances specified in administrative arrangements made in
        accordance with Article 16.
2. The assistance referred to in paragraph 1 shall be provided free of charge,
subject to any administrative arrangements made pursuant to Article 16.
3. Unless disclosure is required under the laws of a Party, any information
about an individual which is transmitted in accordance with this Agreement to
a Competent Authority or a Competent Institution of that Party by a Competent
Authority or a Competent Institution of the other Party is confidential and
shall be used only for purposes of implementing this Agreement and the
legislation to which this Agreement applies.
4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to
impose on the Competent Authority or Competent Institution of a Party the
obligation:

   (a)  to carry out administrative measures at variance with the laws or the
        administrative practice of that Party or the other Party; or

   (b)  to supply particulars which are not obtainable under the laws or in
        the normal course of the administration of that Party or the other
        Party.
5. In the application of this Agreement, the Competent Authority and the
Competent Institution of a Party may communicate with the other in any
official language of that Party.
ARTICLE 16
Administrative Arrangements The Competent Authorities of the Parties shall
make whatever administrative arrangements are necessary in order to implement
this Agreement.
ARTICLE 17
Resolution of Difficulties
1. The Competent Authorities of the Parties shall resolve, to the extent
possible, any difficulties which arise in interpreting or applying this
Agreement according to its spirit and fundamental principles.
2. The Parties shall consult promptly at the request of either concerning
matters which have not been resolved by the Competent Authorities in
accordance with paragraph 1.
ARTICLE 18
Review of Agreement Where a Party requests the other to meet to review this
Agreement, the Parties shall meet for that purpose as soon as possible after
that request was made and, unless the Parties otherwise agree, their meeting
shall be held in the territory of the Party to which the request was made.
PART V
TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 19
Entry Into Force and Termination
1. This Agreement is subject to ratification. The instruments of ratification
shall be exchanged at Dublin as soon as possible.
2. Once all constitutional and legislative requirements, including
administrative arrangements referred to in Article 16 of this Agreement have
been fulfilled this Agreement shall enter into force on the first day of the
second month following the month in which the instruments of ratification are
exchanged.
3. Subject to paragraph 4, this Agreement shall remain in force until the
expiration of 12 months from the date on which either Party receives from the
other a note through the diplomatic channel indicating the intention of the
other Party to terminate this Agreement.
4. In the event that this Agreement is terminated in accordance with paragraph
3, the Agreement shall continue to have effect in relation to all persons who:

   (a)  at the date of termination, are in receipt of benefits; or

   (b)  prior to the expiry of the period referred to in that paragraph, have
        lodged claims for, and would be entitled to receive, benefits, by
        virtue of this Agreement. IN WITNESS WHEREOF, the undersigned, being
        duly authorised thereto by their respective Governments, have signed
        this Agreement. DONE in 2 copies at CANBERRA this EIGHTH day of APRIL,
        one thousand nine hundred and ninety-one. FOR AUSTRALIA: GRAHAM
        RICHARDSON FOR IRELAND: MICHAEL WOODS
                   SCHEDULE 10                             Section 1208

AGREEMENT
between
THE GOVERNMENT OF AUSTRALIA
and
THE GOVERNMENT OF THE REPUBLIC OF PORTUGAL
ON SOCIAL SECURITY The Government of Australia and the Government of the
Republic of Portugal, Wishing to strengthen the existing friendly relations
between the two countries, and Resolved to coordinate their social security
systems; Have agreed as follows:
PART I
GENERAL PROVISIONS
ARTICLE 1
Definitions
1. In this Agreement, unless the context otherwise requires:

   (a)  "benefit" means, in relation to a Party, a benefit, pension or
        allowance for which provision is made in the legislation of that
        Party, and includes any additional amount, increase or supplement that
        is payable, in addition to that benefit, pension or allowance, to or
        in respect of a person who qualifies for that additional amount,
        increase or supplement under the legislation of that Party;

   (b)  "carer's pension" means a carer's pension payable to a spouse under
        the legislation of Australia;

   (c)  "Competent Authority" means: in relation to Australia: the Secretary
        to the Department of Social Security; and, in relation to Portugal:
        the Minister or other corresponding authority responsible for the
        social security schemes in all or any part of the territory of
        Portugal;

   (d)  "Competent Institution" means: in relation to Australia: the Competent
        Authority for Australia; and, in relation to Portugal: the Institution
        responsible under the legislation of Portugal for dealing with a claim
        for a Portuguese benefit;

   (e)  "Institution" means: in relation to Australia: the Department of
        Social Security; and, in relation to Portugal: the body responsible
        for the implementation of the legislation of Portugal;

   (f)  "legislation" means, in relation to a Party, the laws specified in
        Article 2;

   (g)  "period of residence in Australia", in relation to a person, means a
        period defined as such in the legislation of Australia, but does not
        include any period deemed pursuant to Article 11 to be a period in
        which that person was an Australian resident;

   (h)  "Portuguese insurance period" means the period of contributions or any
        equivalent period which has been or can be used to acquire the right
        to a benefit under Portuguese legislation, but does not include any
        period considered under paragraph 1 of Article 13 as a Portuguese
        insurance period;

   (i)  "territory" means, in relation to Portugal, the territory of the
        Republic of Portugal on the European continent and the archipelagos of
        the Azores and Madeira; and, in relation to Australia, Australia as
        defined in the legislation of Australia;

   (j)  "widow" means: in relation to Australia: a de jure widow or a
        dependent female; and, in relation to Portugal: a de jure widow or an
        unmarried or legally separated woman covered by paragraph 1 of Article
        2020 of the Civil Law Code;
but does not include a woman who is the de facto spouse of a man.
2. In the application by a Party of this Agreement in relation to a person,
any term not defined in this Article shall, unless the context otherwise
requires, have the meaning assigned to it in the legislation of either Party
or, in the event of a conflict of meanings, by whichever of those laws is the
more applicable to the circumstances of that person.
ARTICLE 2
Legislative Scope
1. Subject to paragraph 2, this Agreement shall apply to the following laws,
as amended at the date of signature of this Agreement, and to any laws that
subsequently amend, supplement or replace them:

   (a)  in relation to Australia: the Social Security Act 1947 in so far as
        the Act provides for, applies to or affects the following benefits: -
        age pensions; - invalid pensions; - wives' pensions; - carers'
        pensions; - benefits payable to widows; - unemployment benefits; and -
        sickness benefits; and

   (b)  in relation to Portugal:

   (i)  the legislation relating to the General Scheme and the Special Schemes
        (including the Voluntary Social Insurance Scheme and excluding
        provisions for Civil Servants or persons treated as such) of the
        Social Security System in respect of the following benefits: - old age
        pensions; - invalid pensions; - survivors' pensions and death grant; -
        sickness and maternity benefits; - unemployment benefits; - funeral
        grant; and - family allowance for pensioners (including pensioners
        under the legislation relating to work injury and occupational
        diseases);

   (ii) the legislation relating to work injury and occupational diseases
        pensions; and

   (iii) the legislation relating to the non-contributory scheme in respect of
        old age, invalid and survivors' pensions.
2. Unless otherwise provided in this Agreement, the laws referred to in
paragraph 1 shall not include any treaty or other international agreement or
supra-national legislation on social security which may be in force between
either Party and a third State or third States, or laws or regulations
promulgated for their specific implementation.
3. This Agreement shall apply to laws which extend the legislation of either
Party to new categories of beneficiaries only if the two Parties so agree in a
Protocol to this Agreement.
ARTICLE 3
Personal Scope This Agreement shall apply to any person who:

   (a)  is or has been an Australian resident; or

   (b)  is or has been subject to the legislation of Portugal; and, where
        applicable, to any other person with respect to the rights he or she
        derives from such a person described in subparagraph (a) or (b).
ARTICLE 4
Equality of Treatment Subject to this Agreement, all persons to whom this
Agreement applies shall be treated equally by a Party in regard to rights and
obligations which arise whether directly under the legislation of that Party
or by virtue of this Agreement.
ARTICLE 5
Voluntary Social Insurance As soon as an Australian citizen is deemed to be a
resident in Portugal that person shall be entitled to register with the
Voluntary Social Insurance Scheme under the legislation of Portugal on the
same basis as a national of Portugal.
ARTICLE 6
Payment of Benefits
1. Subject to paragraph 4, benefits of one Party are also payable in the
territory of the other Party.
2. Where the legislation of a Party provides that a benefit is payable outside
the territory of that Party, then that benefit, when payable by virtue of this
Agreement, is also payable outside the territories of both Parties.
3. Where qualification for a benefit of one Party is subject to limitations as
to time, then reference to that Party in those limitations shall be read also
as references to the territory of the other Party.
4. Notwithstanding any provision of this Agreement unemployment benefits and
sickness benefits under the legislation of Australia shall not be paid outside
the territory of Australia and sickness and maternity benefits and
unemployment benefits under the legislation of Portugal and Portuguese
pensions specified in Article 2(1)(b)(iii) shall not be paid outside the
territory of Portugal.
PART II
PROVISIONS ON COVERAGE
ARTICLE 7
Application of Legislation
1. Except as otherwise provided in this Agreement, the persons to whom this
Agreement applies shall be covered by:

   (a)  Portuguese legislation if they are resident or employed in Portugal;
        or

   (b)  Australian legislation if they are Australian residents.
2. Where a person is entitled to claim a benefit under the legislation of a
Party that legislation shall also apply to that person.
ARTICLE 8
Decisions on Coverage The Competent Authorities will, in accordance with their
countries' respective legislation, decide on the coverage to be applied in the
best interests of a person.
PART III
PROVISIONS RELATING TO BENEFITS
SECTION 1
AUSTRALIAN BENEFITS
ARTICLE 9 Residence or Presence in Portugal or a Third State
1. 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 Portugal or
        a third State with which Australia has concluded an agreement on
        social security that includes provision for co-operation in the
        assessment and determination of claims for benefits; and

   (b)  is in Australia, or the territory of Portugal or that third State;
        that person shall be deemed, for the purposes of lodging that claim,
        to be an Australian resident and in Australia on that date.
2. Paragraph 1 shall not apply to a claimant for a wife's pension or carer's
pension who has never been an Australian resident.
ARTICLE 10
Spouse Related Australian Benefits For the purposes of this Agreement, a
person who receives from Australia an Australian benefit due to the fact that
the spouse of that person receives, by virtue of this Agreement, another
Australian benefit shall be deemed to receive that first-mentioned benefit by
virtue of this Agreement.
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 residence in Australia equal to or greater than the period
        identified in accordance with paragraph 4 for that person; and a
        Portuguese insurance period, then for the purposes of a claim for that
        Australian benefit, that Portuguese insurance period 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.
2. For the purposes of paragraph 1, where a person:

   (a)  has been an Australian resident for a continuous period which is less
        than the minimum continuous period required by the legislation of
        Australia for entitlement of that person to a benefit; and

   (b)  has accumulated a Portuguese insurance period in two or more separate
        periods that equals or exceeds in total the minimum period referred to
        in subparagraph (a); the total of the Portuguese insurance periods
        shall be deemed to be one continuous period.
3. Where a period by a person as an Australian resident and a Portuguese
insurance period coincide, the period of coincidence shall be taken into
account once only by Australia for the purposes of this Article as a period as
an Australian resident.
4. The period of residence in Australia (as defined in Article 1) to be taken
into account for the purposes of paragraph 1(b) shall be as follows:

   (a)  for the purposes of an Australian benefit that is payable to a person
        who is not an Australian resident, the minimum period required shall
        be 12 months, of which at least 6 months must be continuous; and

   (b)  for the purposes of an Australian benefit that is payable to an
        Australian resident, no period of residence in Australia shall be
        required.
ARTICLE 12
Calculation of Australian Benefits
1. Subject to paragraphs 2 and 3, where an Australian benefit is payable
whether by virtue of this Agreement or otherwise to a person who is outside
Australia, the rate of that benefit shall be determined according to the
legislation of Australia but when assessing the income of that person for the
purposes of calculating the rate of the Australian benefit only a proportion
of any Portuguese benefit paid to that person under the legislation specified
in Article 2(1)(b)(i) or (ii) shall be regarded as income. That proportion
shall be calculated by multiplying the number of whole months accumulated by
that person in a period of residence in Australia (not exceeding 300) by the
amount of that Portuguese benefit and dividing that product by 300.
2. A person referred to in paragraph 1 shall be entitled to receive the
concessional assessment of income described in that paragraph only for any
period during which the rate of that person's Australian benefit is
proportionalised under the legislation of Australia.
3. When an Australian benefit is payable whether by virtue of this Agreement
or otherwise to a person who is resident in the territory of Portugal,
Australia shall disregard, when assessing the income of that person:

   (a)  any benefit paid to that person under the legislation specified in
        Article 2(1)(b)(iii); and

   (b)  any non-contributory supplement paid to that person by Portugal to
        bring the amount of that person's Portuguese benefit to the minimum
        level guaranteed under the legislation of Portugal.
4. Subject to paragraph 5, where an Australian benefit is payable only by
virtue of this Agreement to a person who is in Australia, the rate of that
benefit shall be determined by:

   (a)  calculating that person's income according to the legislation of
        Australia but disregarding in that calculation the Portuguese benefit
        or benefits received by that person;

   (b)  deducting the amount of the Portuguese benefit or benefits received by
        that person from the maximum rate of that Australian benefit; and

   (c)  applying to the remaining benefit obtained under subparagraph (b) the
        relevant rate calculation set out in the legislation of Australia,
        using as the person's income the amount calculated under subparagraph
        (a).
5. Where a married person is, or both that person and his or her spouse are,
in receipt of a Portuguese benefit or benefits, each of them shall be deemed,
for the purpose of paragraph 4 and for the legislation of Australia, to be in
receipt of one half of either the amount of that benefit or the total of both
of those benefits, as the case may be.
6. If a person would receive an Australian benefit except for the operation of
paragraph 4 or except for that person's failure to claim the benefit, then for
the purposes of a claim by that person's spouse for a payment under the
legislation of Australia that person shall be deemed to receive that benefit.
7. The reference in paragraph 6 to a payment under the legislation of
Australia to the spouse of a person is a reference to a payment of any
benefit, pension or allowance payable under the Social Security Act 1947 as
amended from time to time and whether payable by virtue of this Agreement or
otherwise.
SECTION 2
PORTUGUESE BENEFITS
SUB-SECTION 1
OLD-AGE, INVALID AND SURVIVORS' PENSIONS
ARTICLE 13
Totalisation for Portugal
1. Where this Agreement applies and there is a Portuguese insurance period
that is:

   (a)  less than the period necessary to give a claimant entitlement to the
        benefit claimed under the legislation of Portugal; and

   (b)  equal to or greater than the period mentioned in paragraph 3 for that
        benefit; then any period of residence in Australia by the contributor
        to whom that Portuguese insurance period was credited shall be deemed
        to be a Portuguese insurance period.
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 residence in Australia equal to or greater than the period
        identified in accordance with paragraph 4 for that person; and a
        Portuguese insurance period, then for the purposes of a claim for that
        Australian benefit, that Portuguese insurance period 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.
2. For the purposes of paragraph 1, where a person:

   (a)  has been an Australian resident for a continuous period which is less
        than the minimum continuous period required by the legislation of
        Australia for entitlement of that person to a benefit; and

   (b)  has accumulated a Portuguese insurance period in two or more separate
        periods that equals or exceeds in total the minimum period referred to
        in subparagraph (a); the total of the Portuguese insurance periods
        shall be deemed to be one continuous period.
3. Where a period by a person as an Australian resident and a Portuguese
insurance period coincide, the period of coincidence shall be taken into
account once only by Australia for the purposes of this Article as a period as
an Australian resident.
4. The period of residence in Australia (as defined in Article 1) to be taken
into account for the purposes of paragraph 1(b) shall be as follows:

   (a)  for the purposes of an Australian benefit that is payable to a person
        who is not an Australian resident, the minimum period required shall
        be 12 months, of which at least 6 months must be continuous; and

   (b)  for the purposes of an Australian benefit that is payable to an
        Australian resident, no period of residence in Australia shall be
        required.
ARTICLE 12
Calculation of Australian Benefits
1. Subject to paragraphs 2 and 3, where an Australian benefit is payable
whether by virtue of this Agreement or otherwise to a person who is outside
Australia, the rate of that benefit shall be determined according to the
legislation of Australia but when assessing the income of that person for the
purposes of calculating the rate of the Australian benefit only a proportion
of any Portuguese benefit paid to that person under the legislation specified
in Article 2(1)(b)(i) or (ii) shall be regarded as income. That proportion
shall be calculated by multiplying the number of whole months accumulated by
that person in a period of residence in Australia (not exceeding 300) by the
amount of that Portuguese benefit and dividing that product by 300.
2. A person referred to in paragraph 1 shall be entitled to receive the
concessional assessment of income described in that paragraph only for any
period during which the rate of that person's Australian benefit is
proportionalised under the legislation of Australia.
3. When an Australian benefit is payable whether by virtue of this Agreement
or otherwise to a person who is resident in the territory of Portugal,
Australia shall disregard, when assessing the income of that person:

   (a)  any benefit paid to that person under the legislation specified in
        Article 2(1)(b)(iii); and

   (b)  any non-contributory supplement paid to that person by Portugal to
        bring the amount of that person's Portuguese benefit to the minimum
        level guaranteed under the legislation of Portugal.
4. Subject to paragraph 5, where an Australian benefit is payable only by
virtue of this Agreement to a person who is in Australia, the rate of that
benefit shall be determined by:

   (a)  calculating that person's income according to the legislation of
        Australia but disregarding in that calculation the Portuguese benefit
        or benefits received by that person;

   (b)  deducting the amount of the Portuguese benefit or benefits received by
        that person from the maximum rate of that Australian benefit; and

   (c)  applying to the remaining benefit obtained under subparagraph (b) the
        relevant rate calculation set out in the legislation of Australia,
        using as the person's income the amount calculated under subparagraph
        (a).
5. Where a married person is, or both that person and his or her spouse are,
in receipt of a Portuguese benefit or benefits, each of them shall be deemed,
for the purpose of paragraph 4 and for the legislation of Australia, to be in
receipt of one half of either the amount of that benefit or the total of both
of those benefits, as the case may be.
6. If a person would receive an Australian benefit except for the operation of
paragraph 4 or except for that person's failure to claim the benefit, then for
the purposes of a claim by that person's spouse for a payment under the
legislation of Australia that person shall be deemed to receive that benefit.
7. The reference in paragraph 6 to a payment under the legislation of
Australia to the spouse of a person is a reference to a payment of any
benefit, pension or allowance payable under the Social Security Act 1947 as
amended from time to time and whether payable by virtue of this Agreement or
otherwise.
SECTION 2
PORTUGUESE BENEFITS
SUB-SECTION 1
OLD-AGE, INVALID AND SURVIVORS' PENSIONS
ARTICLE 13
Totalisation for Portugal
1. Where this Agreement applies and there is a Portuguese insurance period
that is:

   (a)  less than the period necessary to give a claimant entitlement to the
        benefit claimed under the legislation of Portugal; and

   (b)  equal to or greater than the period mentioned in paragraph 3 for that
        benefit; then any period of residence in Australia by the contributor
        to whom that Portuguese insurance period was credited shall be deemed
        to be a Portuguese insurance period.
2. For the purposes of this Article, where a Portuguese insurance period and
period of residence in Australia coincide, the period of coincidence shall be
taken into account once only as a Portuguese insurance period.
3. The Portuguese insurance period to be taken into consideration for the
purposes of paragraph 1(b) shall be 12 months.
4. For the purposes of this Article the upper age limit for a woman, set in
the definition of a period of residence in Australia in the legislation of
Australia, shall be raised to the age pension age for a woman for the purposes
of claiming an old age pension under the legislation of Portugal.
ARTICLE 14
Rules for the Granting of Portuguese Pensions
1. Subject to paragraph 3, the Portuguese Institution shall determine the rate
of Portuguese benefits in accordance with Portuguese legislation and, in
relation to old age pension, invalid pension and survivor's pension, the
calculation shall be based directly and exclusively on Portuguese insurance
periods and equivalents completed under Portuguese legislation.
2. If the total of any pensions paid by both Parties to a person residing in
Portugal is less than the minimum pension fixed by Portuguese legislation, the
Competent Institution of Portugal will pay to that person an amount equal to
that difference.
3. For the purposes of calculating any supplement to be paid by Portugal to an
Australian resident to bring Portuguese benefit paid, other than by virtue of
this Agreement, to that person to the minimum level fixed by Portuguese
legislation, any Australian benefit paid to that person by virtue of this
Agreement shall not be taken into account.
4. Entitlement to Portuguese pensions paid by virtue of this Agreement shall
have regard to occupational activity carried out in the territory of Australia
as if that activity was carried out in the territory of Portugal.
5. In the assessment of income for the calculation of the rate of a spouse's
supplement under the legislation of Portugal, wife's pension payable under the
legislation of Australia shall not be taken into account.
SUB-SECTION 2
OTHER PORTUGUESE BENEFITS
ARTICLE 15
Sickness and Maternity Benefits Where a person, after his or her last arrival
in the territory of Portugal, has accomplished a contribution period under
Portuguese legislation for the purposes of eligibility for a sickness or
maternity benefit under that legislation, the periods of residence in
Australia shall be deemed as periods accomplished under Portuguese
legislation, provided that they do not coincide.
ARTICLE 16
Unemployment Benefit Where a person, after his or her last arrival in the
territory of Portugal, has accomplished a contribution period of at least four
weeks under Portuguese legislation for the purposes of eligibility for
unemployment benefit under that legislation, the periods of residence in
Australia, during which an occupational activity has been pursued as an
employee or Australian unemployment benefit has been awarded as a result of no
longer being an employee, shall be deemed as periods accomplished under
Portuguese legislation, provided that they do not coincide.
ARTICLE 17
Family Allowance for Pensioners Family allowances payable under the
legislation of Portugal:

   (a)  shall be payable by virtue of this Agreement to pensioners who are
        residing in Australia and receiving a pension under the legislation of
        Portugal be they Australian citizens or Portuguese nationals;

   (b)  shall not preclude the payment of family allowance under the Social
        Security Act 1947 of Australia as amended from time to time; and shall
        for the purposes of reciprocity in relation to this Agreement be
        regarded as the Portuguese benefit equivalent to those Australian
        benefits described as additional pension and mothers' and guardians'
        allowances for children.
ARTICLE 18
Pensions for Accidents at Work and Occupational Diseases
1. Pensions related to incapacity due to work-related accidents or
occupational diseases according to Portuguese legislation shall be paid by the
competent Portuguese institution whenever a person is subject to the
legislation applied by it at the time the accident occurred or at the date the
occupational disease has been contracted if that person has been pursuing an
occupational activity likely to cause that disease according to the
legislation of that Party.
2. In order to determine the permanent incapacity rate for work-related
accidents or occupational diseases under Portuguese legislation, work-related
accidents or occupational diseases which qualified a person for a benefit
under Australian legislation shall be deemed to have occurred under Portuguese
legislation.
PART IV
MISCELLANEOUS PROVISIONS
ARTICLE 19
Lodgement of Documents
1. A claim, notice or appeal concerning a benefit, whether payable by a Party
by virtue of this Agreement or otherwise, may be lodged in the territory of
either of the Parties in accordance with administrative arrangements made
pursuant to Article 23 at any time after the Agreement enters into force.
2. The date on which a claim, notice or appeal referred to in paragraph 1 is
lodged with the Competent Institution of the other Party shall be treated, for
all purposes concerning the matter to which it relates, as the date of
lodgement of that document with the Competent Institution of the first Party.
3. The reference in paragraph 2 to an appeal document is a reference to a
document concerning an appeal that may be made to an administrative body
established by, or administratively for the purposes of, the respective
legislations.
ARTICLE 20
Determination of Claims
1. In determining the eligibility or entitlement of a person to a benefit by
virtue of this Agreement:

   (a)  a period as an Australian resident and a Portuguese insurance period;
        and

   (b)  any event or fact which is relevant to that entitlement, shall,
        subject to this Agreement, be taken into account in so far as those
        periods or those events are applicable in regard to that person no
        matter when they were accumulated or occurred.
2. The commencement date for payment of a benefit payable by virtue of this
Agreement shall be determined in accordance with the legislation of the Party
concerned but in no case shall that date be a date earlier than the date on
which this Agreement enters into force.
3. Where:

   (a)  a claim is made for a benefit payable by one of the Parties by virtue
        of this Agreement; and

   (b)  there are no reasonable grounds for the claimant not to claim a
        benefit under the legislation of the other Party, whether by virtue of
        this Agreement or otherwise; that first-mentioned benefit shall not be
        paid until a claim is duly lodged for payment of the second-mentioned
        benefit and the first-mentioned benefit shall not continue to be paid
        if the claim for the second-mentioned benefit is not actively pursued.
4. The provisions of paragraph 3 shall in no way affect the rights of a person
under the legislation of Portugal to continue to acquire the right to a
benefit under that legislation.
5. Where:

   (a)  a benefit is paid or payable by a Party to a person in respect of a
        past period;

   (b)  for all or part of that period, the other Party has paid to that
        person a benefit under its legislation; and

   (c)  the amount of the benefit paid by that other Party would have been
        reduced had the benefit paid or payable by the first Party been paid
        during that period; then:

   (d)  the amount that would not have been paid by the other Party had the
        benefit described in subparagraph (a) been paid on a periodical basis
        throughout that past period shall be a debt due by that person to the
        other Party; and

   (e)  the other Party may determine that the amount, or any part, of that
        debt may be deducted from future payments of a benefit payable by that
        Party to that person.
6. Where the first Party has not yet paid the arrears of benefit described in
subparagraph 5(a) to the person:

   (a)  that Party shall, at the request of the other Party, pay the amount of
        the debt described in subparagraph 5(d) to the other Party and shall
        pay any excess to the person; and

   (b)  any shortfall in those arrears may be recovered by the other Party
        under subparagraph 5(e).
7. A reference in paragraph 3, 5 or 6 to a benefit, in relation to Australia,
means a pension, benefit or allowance that is payable under the Social
Security Act 1947 of Australia as amended from time to time, and in relation
to Portugal means any pension, benefit, allowance or advance made by a
Competent Institution including overpayments which arise because of the
payment of Portuguese and Australian benefits.
ARTICLE 21
Payment of Benefits
1. If a Party imposes legal or administrative restrictions on the transfer of
its currency abroad, both Parties shall adopt measures as soon as practicable
to guarantee the rights to payment of benefits derived under this Agreement.
Those measures shall operate retrospectively to the time the restrictions were
imposed.
2. A Party that imposes restrictions described in paragraph 1 shall inform the
other Party of those restrictions within one calendar month of their
imposition and shall adopt the measures described in paragraph 1 within three
months of the imposition of those restrictions. If the other Party is not so
informed or if the necessary measures are not adopted within the set time, the
other Party may treat such a failure as a material breach of the Agreement and
as sufficient justification for termination or suspension of the Agreement
between the Parties.
3. A benefit payable by a Party by virtue of this Agreement to a person
outside the territory of that Party shall be paid without deduction for
government administrative fees and charges for processing and paying that
benefit.
4. The payment outside Australia of an Australian benefit that is payable by
virtue of this Agreement shall not be restricted by those provisions of the
legislation of Australia which prohibit the payment of a benefit to a former
Australian resident who returns to Australia, becoming again an Australian
resident, and lodges a claim for an Australian benefit and leaves Australia
within 12 months of the date of that return.
ARTICLE 22
Exchange of Information and Mutual Assistance
1. The Competent Authorities shall:

   (a)  advise each other of laws that amend, supplement or replace the
        legislation of their respective Parties, promptly after the
        first-mentioned laws are made;

   (b)  advise each other directly of internal action to implement this
        Agreement and any Administrative Arrangement adopted for its
        implementation; and

   (c)  advise each other of any technical problems encountered when applying
        the provisions of this Agreement or of any Administrative Arrangement
        made for its implementation.
2. The Institutions of both Parties shall:

   (a)  advise each other of any information necessary for the application of
        this Agreement or of the respective legislation of the Parties
        concerning all matters within their area of competence arising under
        this Agreement or under those laws;

   (b)  assist one another in relation to the determination of any benefit
        under this Agreement or the respective legislation within the limits
        of and according to their own laws; and

   (c)  at the request of one to the other, assist each other in relation to
        the implementation of agreements on social security entered into by
        either of the Parties with third States, to the extent and in the
        circumstances specified in administrative arrangements made in
        accordance with Article 23.
3. The assistance referred to in paragraphs 1 and 2 shall be provided free of
charge, subject to any Administrative Arrangement made pursuant to Article 23.
4. Any information about a person which is transmitted in accordance with this
Agreement to an Institution shall be protected in the same manner as
information obtained under the legislation of that Party.
5. In no case shall the provisions of paragraphs 1, 2 and 3 be construed so as
to impose on the Competent Authority or Institution of a Party the obligation:

   (a)  to carry out administrative measures at variance with the laws or the
        administrative practice of that or the other Party; or

   (b)  to supply particulars which are not obtainable under the laws or in
        the normal course of the administration of that or of the other Party.
6. In the application of this Agreement, the Competent Authority and the
Institutions of a Party may communicate with the other in the official
language of that Party.
7. In this Article the meaning of "legislation" is not confined by any
restrictions imposed by Article 2.
ARTICLE 23
Administrative Arrangements The Competent Authorities of the Parties shall
make whatever administrative arrangements are necessary in order to implement
this Agreement.
ARTICLE 24
Resolution of difficulties
1. The Competent Authorities of the Parties shall resolve, to the extent
possible, any difficulties which arise in interpreting or applying this
Agreement according to its spirit and fundamental principles.
2. The Parties shall consult promptly at the request of either concerning
matters which have not been resolved by the Competent Authorities in
accordance with paragraph 1.
ARTICLE 25
Review of Agreement Where a Party requests the other to meet to review this
Agreement, the Parties shall meet for that purpose no later than 6 months
after that request was made and, unless the Parties otherwise agree, their
meeting shall be held in the territory of the Party to which that request was
made.
PART V
FINAL PROVISIONS
ARTICLE 26
Entry Into Force and Termination
1. This Agreement shall enter into force on the first day of the month
following the finalisation of an exchange of notes by the Parties through the
diplomatic channel notifying each other that all constitutional or legislative
matters as are necessary to give effect to this Agreement have been finalized.
2. Subject to paragraph 3, this Agreement shall remain in force until the
expiration of 12 months from the date on which either Party receives from the
other a note through the diplomatic channel indicating the intention of the
other Party to terminate this Agreement.
3. In the event that this Agreement is terminated in accordance with paragraph
2, the Agreement shall contine to have effect in relation to all persons who:

   (a)  at the date of termination, are in receipt of benefits; or

   (b)  prior to the expiry of the period referred to in that paragraph, have
        lodged claims for, and would be entitled to receive, benefits, by
        virtue of this Agreement. IN WITNESS WHEREOF, the undersigned, being
        duly authorised thereto by their respective Governments, have signed
        this Agreement. DONE in 2 copies at LISBON this THIRTIETH day of
        APRIL, NINETEEN HUNDRED AND NINETY ONE in the English and Portuguese
        languages, each text being equally authoritative. FOR THE GOVERNMENT
        OF AUSTRALIA Graham Richardson FOR THE GOVERNMENT OF THE REPUBLIC OF
        PORTUGAL Jose Albino da Silva Peneda
NOTES ABOUT SECTION HEADINGS 1. On the day on which this Act receives the
Royal Assent, the heading to section 519 is amended by omitting
"disqualification" and substituting "waiting period". 2. On the day on which
this Act receives the Royal Assent, the heading to section 598 is amended by
omitting "disqualification" and substituting "waiting period". 3. On the day
on which this Act receives the Royal Assent, the heading to section 1187 is
amended by adding at the end "or Aboriginal Employment Incentive Scheme
(AEIS)". 4. On the day on which this Act receives the Royal Assent, the
heading to section 1223A is amended by omitting "multiple exclusion date of
effect provisions" and substituting "automatic termination (transfer to new
payment type)". 5. On the day on which this Act receives the Royal Assent, the
heading to section 1236 is amended by omitting "overpayment or". 6. On the day
on which this Act receives the Royal Assent, the heading to section 1237 is
amended by omitting "overpayment or".