Equality of Treatment - Agreement with Austria

Equality of treatment

Article 4 - Equality of Treatment - under the Agreement with Austria ensures that the citizens of either country will be treated equally under the social security laws of Australia and Austria.

This Article has little practical effect in view of the existing social security laws of both countries and is a statement of intention that nationals (citizens) of Australia and Austria will receive equal treatment in applying the provisions of the Agreement.

However, Austria modifies the intention in Article 4 by stipulating (in paragraph 3) that paragraph 1 shall not apply to the provisions of the Austrian legislation concerning the apportionment of insurance burdens resulting from agreements with third states. Paragraph 4 also states that Australian nationals will have periods of war service taken into account (for determining entitlements to Austrian benefits) only if they were Austrian nationals before 13 March 1938.

Act reference: SS(IntAgree)Act Schedule 10 Austria

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