Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1994 No. 63, 1994 - SCHEDULE 3

SCHEDULE 3
AGREEMENT ON SOCIAL SECURITY BETWEEN AUSTRALIA AND THE
REPUBLIC OF ITALY
1. Schedule 3: Repeal the Schedule, substitute:
                          "SCHEDULE 3           Section 1208
Section 1208
AGREEMENT ON SOCIAL SECURITY BETWEEN AUSTRALIA
AND THE REPUBLIC OF ITALY
AUSTRALIA AND THE REPUBLIC OF ITALY, Wishing to strengthen the existing
friendly relations between the two countries, and Desiring to review the
Agreement providing for reciprocity in matters relating to Social Security
signed on 23 April 1986, and Acknowledging the need to co-ordinate further the
operation of their respective social security systems and to enhance the
equitable access by people who move between Australia and Italy to social
security benefits provided for under the laws of both countries, Have agreed
as follows:
PART I-INTERPRETATION AND SCOPE
ARTICLE 1
Interpretation
1. In this Agreement, unless the context otherwise requires:

   (a)  supplement for children-means, in relation to Australia, the
        additional family payment and, if applicable, the guardian allowance
        that would be payable to a person in addition to a benefit under the
        legislation of Australia if that person were an Australian resident in
        Australia and qualified for that payment and, if applicable, that
        allowance;

   (b)  Australian resident-means an Australian resident as defined in the
        legislation of Australia;

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

   (d)  competent authority-means, in relation to Australia: the Secretary to
        the Department of Social Security; and, in relation to Italy: the
        Ministry of Labour and Social Welfare;

   (e)  dependants-means, in relation to Italy, persons who are within the
        categories of family members of an insured person or pensioner under
        the legislation of Italy and who are recognised by that legislation as
        the dependants of that person or pensioner;

   (f)  disability support pension-means, in relation to Australia, the
        payment made under the legislation of Australia to people who are
        considered to be severely disabled under that legislation;

   (g)  institution-means, in relation to Australia: the Department of Social
        Security; and in relation to Italy: an institution, apart from the
        competent authority, which is responsible for the application of this
        Agreement as specified in the administrative arrangements for this
        Agreement;

   (h)  Italian integration-means the integrazione al minimo paid to increase
        the amount of a benefit derived from contributions or otherwise to the
        minimum amount specified under the legislation of Italy;

   (i)  Italian social supplement-means that welfare benefit granted in
        addition to the pensions of those people who have incomes lower than
        the amount fixed by Italian legislation;

   (j)  legislation-means the laws specified in Article 2;

   (k)  period of Australian working life residence-means a period defined as
        such in the legislation of Australia;

   (l)  period of credited contributions-means a period or the total of two or
        more periods of contributions used to acquire an entitlement to a
        benefit and any period deemed to be a period of contributions under
        the legislation of Italy;

   (m)  spouse carer pension-means a carer pension payable, under the
        legislation of Australia, to the partner of a person who is in receipt
        of a disability support pension or of an age pension;

   (n)  survivors-means, in relation to Italy, persons who are within the
        categories of family members of a person who was insured or was a
        pensioner under the legislation of Italy and is now deceased, and who
        are recognised by that legislation as survivors of that person or
        pensioner;

   (o)  widow-means a de jure widow.
2. In the application of this Agreement by a Party, any term not defined in
this Agreement shall, unless the context otherwise requires, have the meaning
which it has under the legislation within the scope of this Agreement, in
relation to that Party, by virtue of Article 2.
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 1991 in so far as
        the Act provides for, applies to or affects the following benefits:

        (i)    age pension;

        (ii)   disability support pension;

        (iii)  wife pension;

        (iv)   pensions payable to widows;

        (v)    widowed person allowance;

        (vi)   spouse carer pension;

        (vii)  double orphan pension; and

        (viii) supplements for children.

   (b)  in relation to Italy: the legislation in force at the date of
        signature of this Agreement and any legislation that subsequently
        amends, supplements or replaces that legislation, concerning the
        compulsory general insurance scheme for employees in regard to
        invalidity, old age and survivors; special insurance schemes for
        self-employed persons and other categories of workers; family benefits
        for dependants of pensioners and unemployment insurance and, in
        particular, the following benefits:

        (i)    old age pensions;

        (ii)   seniority pensions;

        (iii)  anticipated pensions;

        (iv)   invalidity allowances;

        (v)    inability pensions;

        (vi)   privileged invalidity allowances;

        (vii)  privileged inability pensions;

        (viii) invalidity attendance allowance;

        (ix)   survivors' pensions;

        (x)    family benefit for dependants of pensioners; and

        (xi)   unemployment allowances.
2. Notwithstanding the provisions of paragraph 1, and unless otherwise
specified in this Agreement, the legislation of Australia and Italy shall not
include any laws made at any time for the purpose of giving effect to any
agreement on social security.
3. The competent authorities of the Parties shall advise each other of
legislation that amends, supplements or replaces the legislation within the
scope of this Agreement promptly after the first-mentioned legislation is
enacted.
ARTICLE 3
Personal scope This Agreement shall apply to any person who:

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

   (b)  has credited contributions under the legislation of Italy, and, where
        applicable, to dependants and survivors in regard to entitlements they
        may derive from the person mentioned in this Article.
ARTICLE 4
Equality of treatment
1. The citizens of each of the Parties shall be treated equally in the
application of the legislation of Australia and of Italy respectively and, in
any case where qualification for a benefit under the legislation of a Party
depends, in whole or in part, on citizenship of that Party, a person who is a
citizen of the other Party shall, for the purposes of a claim for that
benefit, be deemed to be a citizen of the first mentioned Party.
2. All persons to whom this Agreement applies shall be treated equally by the
Parties in regard to entitlements and obligations derived from the legislation
of the Parties and from this Agreement.
3. A Party shall not be required to apply paragraphs 1 and 2 of this Article
to a person who is present in the territory of that Party without lawful
authority.
PART II-PROVISIONS RELATING TO BENEFITS
AUSTRALIAN BENEFITS
ARTICLE 5
Residence or presence in Italy or in a third country
1. Subject to paragraph 2, where a person would be qualified for a benefit
under the legislation of Australia or under this Agreement except for not
being an Australian resident and in Australia on the date on which the claim
for that benefit is lodged, but:

   (a)  is an Australian resident or residing in the territory of Italy or of
        a third country with which Australia has implemented an agreement that
        includes provision for co-operation in the lodgement and determination
        of claims for benefits, and

   (b)  is in Australia, the territory of Italy or the territory of that third
        country, that person, so long as he or she has been an Australian
        resident at some time, shall be deemed, for the purpose of lodging
        that claim, to be an Australian resident and in Australia.
2. The requirement for a person to have been an Australian resident at some
time shall not apply to a person who claims a double orphan pension in
accordance with Article 9.
ARTICLE 6
Partner-related Australian benefits
A person who receives or is qualified to receive a benefit under the
legislation of Australia due to the fact that his or her partner receives or
is qualified to receive an Australian benefit by virtue of this Agreement,
shall receive a rate calculated under this Agreement.
ARTICLE 7
Totalisation of periods of residence and periods of contributions
Totalisation for Australia
1. Where a person to whom this Agreement applies 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 minimum period identified for that person in paragraph 4; and

   (c)  a period of credited contributions in Italy; then that period of
        credited contributions shall be deemed, only for the purposes of
        meeting any minimum qualifying period for that benefit set out in the
        legislation of Australia, to be a period when 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 period of continuous residence required by the
        legislation of Australia for entitlement of that person to a benefit;
        and

   (b)  has accumulated a period of credited contributions in Italy in 2 or
        more separate periods that equals or exceeds in total the period
        referred to in sub-paragraph (a); the total of the periods of credited
        contributions shall be deemed to be one continuous period.
3. For the purposes of this Article, where a period as an Australian resident
and a period of credited contributions coincide, the period of coincidence
shall be taken into account once only by Australia as a period as an
Australian resident.
4. The minimum period of Australian working life residence to be taken into
account for the purposes of sub-paragraph 1(b) shall be as follows:

   (a)  for the purposes of an Australian benefit payable to a person 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 payable to an Australian
        resident in Australia: no minimum period of Australian working life
        residence shall be required.
5. For the purposes of paragraphs 1 and 2 and for the purpose of a claim by a
woman for a pension payable to a widow, that woman shall be deemed to have
accumulated a period of credit contributions for any period her late husband
accumulated a period of credited contributions, but any period during which
the woman and her late husband both accumulated periods of credited
contributions shall be taken into account once only.
ARTICLE 8
Calculation of Australian benefits
1. Subject to the provisions of this Article, where an Australian benefit,
other than a double orphan pension, is payable under 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, benefits paid or due under the legislation of Italy shall
be assessed in the following way:

   (a)  any Italian integration and/or social supplement and family benefit
        for the dependants of pensioners included in the total amount of that
        Italian benefit shall be disregarded;

   (b)  the social pension paid by Italy as non-contributory welfare support
        shall be disregarded; and

   (c)  only a proportion of any other Italian benefit shall be assessed by
        multiplying the number of whole months of Australian working life
        residence used for that person (but not exceeding 300) by the amount
        of that other Italian benefit and by dividing the result by 300.
2. A person referred to in paragraph 1 shall be entitled to receive the
concessional treatment of income described in sub-paragraph (c) only for any
period during which the rate of that person's Australian benefit is
proportionalised.
3. Subject to the related provisions in this Article, where an Australian
benefit, other than a double orphan pension, is payable under this Agreement
to a person who is an Australian resident and 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 Italian benefit
        (including any Italian integration and/or social supplement and family
        benefit for dependants of pensioners) to which that person is
        entitled;

   (b)  deducting that Italian benefit (including any Italian integration
        and/or social supplement and family benefit for dependants of
        pensioners) from the maximum rate of the Australian benefit; and

   (c)  applying to the Australian benefit remaining, after the application of
        sub-paragraph (b), the relevant rate calculation set out in the
        legislation of Australia, using as the person's income the result from
        the application of sub-paragraph (a).
4. For the purposes of this Article and for the application of the legislation
of Australia, where a member of a couple is, or both his or her partner are,
entitled to receive an Italian benefit or benefits, each of them shall be
deemed to be in receipt of one half of either the amount of that benefit or of
the total of the benefits, as the case may be.
ARTICLE 9
Double orphan pension and spouse carer pension
1. Where a double orphan pension would be payable to a person under the
legislation of Australia, in respect of a young person whose sole surviving
parent died while that young person was an Australian resident, if that person
and that young person were inhabitants of Australia, that pension shall,
subject to the provisions of those laws, be payable while that person and that
young person are residents of Italy.
2. For the purposes of qualification for a spouse carer pension under this
Agreement, a person who is in Italy shall be regarded as being in Australia.
ARTICLE 10
Exclusion of specified Italian payments from the Australian income
test
1. Subject to paragraph 3 of Article 8 and paragraph 2 of this Article, where
a person receives or is entitled to receive a benefit under the legislation of
Australia by virtue of this Agreement or otherwise and that person and or that
person's partner receive an Italian benefit or benefits which include Italian
integration and/or Italian social supplement and/or family benefits for
dependants of pensioners, that integration, social supplement and family
benefits for dependants of pensioners shall not be included as income for the
purposes of assessing the rate of that Australian benefit.
2. For the purposes of this Article only, the term benefit shall include job
search, newstart and sickness allowances payable under the social security
laws of Australia.
ITALIAN BENEFITS
ARTICLE 11
Totalisation of periods of contributions and periods of residence
Totalisation for Italy
1. Where a person to whom this Agreement applies has accumulated:

   (a)  a period of credited contributions in Italy that is less than the
        period required to qualify that person under the legislation of Italy
        for a benefit; and

   (b)  a period of credited contributions equal to or greater than the
        minimum period identified for that benefit for that person in
        paragraph 2; and

   (c)  a period of Australian working life residence; then that period of
        Australian working life residence shall be deemed, for the purposes of
        meeting any minimum qualifying period for that benefit set out in the
        legislation of Italy, to be a period of credited contributions.
2. The minimum period of credited contributions in Italy to be taken into
account for the purposes of paragraph 1 shall be as follows:

   (a)  for old age pension: 1 year;

   (b)  for anticipated pension: 1 year;

   (c)  for seniority pension: 15 years;

   (d)  for invalidity allowance: 1 year;

   (e)  for inability pension: 1 year;

   (f)  for privileged invalidity pension allowance: 1 year;

   (g)  for privileged inability pension: 1 year; and

   (h)  for survivor's pension: 1 year.
3. For the purposes of voluntary insurance under the legislation of Italy, a
period of credited contributions in Italy in relation to a person shall be
combined, where necessary, with any period of Australian working life
residence accumulated by that person, provided the first- mentioned period
totals at least one year.
4. For all purposes of this Article, where a period of credited contributions
and a period of Australian working life residence coincided, the period of
coincidence shall be taken into account once only by Italy as a period of
contributions.
ARTICLE 12
Italian pro-rata benefits
1. The amount of Italian benefit payable to a person through the application
of Article 11 shall be determined as follows:

   (a)  the amount of the theoretical benefit to which the person concerned
        would be entitled shall be established as if the period of credited
        contributions in Italy, and the period of Australian working life
        residence referred to in sub-paragraph 1(c) of Article 11, and
        accumulated to the date from which the benefit would be payable to
        that person, had accumulated under the legislation of Italy; and

   (b)  the amount of benefit payable shall be that amount which bears to the
        amount referred to in sub-paragraph (a) the same ratio as that period
        of credited contributions bears to the sum of that period of credited
        contributions and that period of Australian working life residence for
        that person.
2. If the sum of the periods referred to in sub-paragraph 1(b) exceeds the
maximum period provided for by the legislation of Italy for entitlement to the
maximum rate of the benefit concerned, the maximum period shall be substituted
for that sum in calculations made in accordance with that sub-paragraph.
3. The calculation of a rate in relation to a person in accordance with
paragraph 1 shall take into account only the salary or income of that person
which was subject to contributions under the legislation of Italy.
4. If a person resides in Italy and is entitled to benefits under the
legislation of both Parties and the total of these benefits is less than the
minimum pension amount (trattamento minimo di pensione) specified under the
legislation of Italy, the Italian institution shall pay, in addition to its
benefit, the Italian integration needed to reach the said minimum pension
amount.
ARTICLE 13
Exclusion of specified Australian payments from the Italian
income test
Where a person receives or is entitled to receive a benefit under the
legislation of Italy by virtue of this Agreement or otherwise and that benefit
includes an Italian integration, Italian social supplement and or family
allowance for dependants of pensioners, any supplements for children paid to
that person and or that person's partner under the social security laws of
Australia shall not be included as income for the purposes of assessing the
rate of that Italian integration, Italian social supplement and or family
benefit.
ARTICLE 14
Unemployment allowance
For the purposes of eligibility by a citizen of Australia or of Italy for
unemployment allowance under the social security laws of Italy, any periods of
employment accumulated in Australia by that person, other than periods of
self-employment, shall be totalised with periods of credited contributions in
Italy for that person, if those last-mentioned periods total one year of more.
ARTICLE 15
Family benefits
Family benefits payable under the legislation of Italy:

   (a)  shall be payable under this Agreement to Australian residents who are
        receiving an Italian benefit payable under the social security laws of
        Italy, whether those persons are citizens of Australia or of Italy;
        and

   (b)  shall not preclude the payment of family payments under the social
        security laws of Australia, including those laws as modified or
        adapted by laws giving effect to an agreement on social security with
        a third country, and shall, for the purpose of reciprocity under this
        Agreement, be regarded as the Italian benefit equivalent to those
        Australian benefits described as:

   (c)  wife pension;

   (d)  spouse carer pension; and

   (e)  supplements for children.
PART III-MISCELLANEOUS PROVISIONS
ARTICLE 16
Lodgement of claims
1. A claim for benefit, under this Agreement or otherwise, may be lodged:

   (a)  in the territory of either Party in accordance with the administrative
        arrangements for this Agreement; or

   (b)  in a third country if that country is of the kind referred to in
        Article 5, at any time after the Agreement enters into force.
2. Where a claim for a benefit of a Party is lodged in the territory of the
other Party or in a third country in accordance with paragraph 1, the date on
which the claim is lodged shall be the date of lodgement of the claim for all
purposes relating to the claim.
ARTICLE 17
Determination of claims
1. In determining the entitlement of a person to a benefit under this
Agreement:

   (a)  a period of Australian residence and a period of credited
        contributions; and

   (b)  any event 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 and whether they were
        accumulated or occurred before or after the date on which this
        Agreement enters into force.
2. The start date for the payment of a benefit under this Agreement shall be
determined by the legislation of the Party concerned and in no case shall that
date be a date earlier than the entry into force of this Agreement.
3. Where:

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

   (b)  there are reasonable grounds for believing that the claimant may also
        be entitled, whether by virtue of this Agreement or otherwise, to a
        benefit (in this Article called "assumed benefit"), that is payable by
        the other Party and that, if paid, would affect the amount of the
        first-mentioned benefit, that claim may be determined by the first-
        mentioned Party as if the assumed benefit were in fact being paid to
        that claimant.
4. Where a claim for a benefit is determined in accordance with the preceding
paragraph 3 and it is subsequently established that the amount of the assumed
benefit in relation to that person was not in fact paid, any deficiency in the
payment of the first-mentioned benefit shall be adjusted retrospectively.
5. Where:

   (a)  it appears that a person who is entitled to the payment of a benefit
        by one of the Parties might also be entitled to the payment of a
        benefit by the other Party, in either case whether by virtue of this
        Agreement or otherwise;

   (b)  the amount of the benefit that might be paid by that other Party would
        affect the amount of the benefit payable by the first-mentioned Party;
        and

   (c)  the amount that could be due in respect of the benefit by that other
        Party, whether by virtue of this Agreement or otherwise, is likely to
        include an adjustment for arrears of that benefit, then

   (d)  that other Party shall, if the first-mentioned Party so requests, pay
        the amount of those arrears to the first-mentioned Party; and

   (e)  the first mentioned Party may deduct from the amount of those arrears
        any excess amount of the benefit paid by it and shall pay any balance
        remaining to that person.
ARTICLE 18
Portability 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 under 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 references to that Party in those limitations shall be read also
as references to the territory of the other Party.
4. A Benefit payable by a Party under this Agreement shall be paid by that
Party without deduction for government administrative fees and charges for
processing and paying that benefit whether paid in the territory of the other
Party or outside the respective territories of both Parties.
ARTICLE 19
Administrative arrangements
The competent authorities of the Parties shall make whatever administrative
arrangements are necessary to implement this Agreement.
ARTICLE 20
Exchange of information and mutual assistance
1. The competent authorities and institutions responsible for the application
of this Agreement:

   (a)  shall communicate to each other any information necessary for the
        application of this Agreement and of their respective social security
        laws;

   (b)  shall lend their good offices and furnish assistance to one another,
        including the communication to each other of any necessary
        information, with regard to the determination or payment of any
        benefit under this Agreement or under the social security laws of
        either Party 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 in so far as those
        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 their countries, to the extent and in the
        circumstances specified in the administrative arrangements for this
        Agreement.

2. The assistance referred to in paragraph 1 shall be provided free of charge,
subject to any administrative arrangements made pursuant to Article 19.
3. Any information about a person transmitted under this Agreement to an
institution shall be protected in the same manner as information obtained
under the legislation of that Party.
4. In no case shall the provisions of paragraph 1 be construed so as to impose
on the competent authority or the 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 the other Party.
5. In the application of the Agreement, the competent authorities and the
institutions of a Party may communicate in its official language with the
other Party.
ARTICLE 21
Appeals
1. Any person affected by a determination, direction, decision or approval
made or given by the competent authority or institution of a Party, in
relation to a matter arising under this Agreement, shall have the same rights
to a review by administrative and judicial bodies of that Party of that
determination, direction, decision or approval as are provided under the laws
of that Party.
2. An appeal and documents related to an appeal in accordance with paragraph
1, may be lodged in the territory of either Party in line with administrative
arrangements for this agreement.
3. Subject to paragraph 4, the date on which appeals and related documents are
lodged in accordance with paragraph 2 with the institution of one Party shall
be regarded as the date of lodgement of those appeals and related documents
with the institution of the other Party.
4. 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 22
Review of Agreement
1. The Parties may agree at any time to review the whole or any part of this
Agreement.
2. Subject to paragraph 1, the Parties shall consult regarding a review of
this Agreement and its implementation after the Agreement has been in force
for 4 years.
3. Where a party amends, supplements or replaces its legislation, the Parties
shall, if one Party so requests, consult on any consequences of that change to
the legislation and on the continuing implementation of the Agreement
including on whether an amendment to the Agreement is necessary.
PART IV-FINAL PROVISIONS
ARTICLE 23
Entry into force and transitional provisions
1. This Agreement shall be ratified by both Parties in accordance with their
respective procedures and shall enter into force on the first day of the month
following that in which there has been an exchange of instruments of
ratification.
2. When this Agreement enters into force the Agreement between Australia and
the Republic of Italy on Social Security signed on 23 April 1986 shall,
subject to paragraph 3, terminate.
3. Subject to paragraph 4, where, on the date on which this Agreement enters
into force, a person:

   (a)  is in receipt of a benefit under the legislation of either Party by
        virtue of the Agreement which was signed on 23 April 1986; or

   (b)  is qualified to receive a benefit referred to in subparagraph (a) and,
        where a claim for that benefit is required, has claimed that benefit,
        no provision of this Agreement shall affect that person's
        qualification to receive that benefit.
4. The rate of a benefit for which a person is qualified by virtue of
paragraph 3 shall, subject to this Agreement, be assessed in accordance with
the provisions of the legislation of the relevant Party.
5. Where a resident of Italy:

   (a)  was in receipt of a widow B pension from Australia and had that
        pension cancelled because of the enactment of section 1215 of the
        Social  Security Act 1991 ; or

   (b)  had applied for a widow B pension on or before 30 June 1992 but that
        application had not been determined by that date, then that cancelled
        pension shall be reinstated back to the date of cancellation or that
        application shall be determined as if section 1215 had not been
        enacted. The rate of the reinstated widow B pension or of the widow B
        pension paid under any successful application shall be calculated
        under the provisions of the Agreement mentioned in paragraph 2 of this
        Article until this Agreement comes into force and thereafter shall be
        calculated under this Agreement.
ARTICLE 24
Termination
1. Subject to paragraph 2, this Agreement shall remain in force until the
expiration of 12 months from the date on which either Party receives from the
other written notice through the diplomatic channel of the intention to
terminate this Agreement.
2. In the event this Agreement is terminated in accordance with paragraph 1,
the Agreement shall continue to have effect in relation to all persons who:

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

   (b)  before the expiry of the period referred to in that paragraph, have
        lodged claims for, and would be entitled to receive, benefits under
        this Agreement.
IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this
Agreement.
DONE in duplicate at Rome on the thirteenth day of September 1993, in the
English and Italian languages, both texts being equally authoritative.
  FOR AUSTRALIA:               FOR THE REPUBLIC OF ITALY:

  Peter Baldwin                Gino Giugni            ".