Coornhert
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69 lines
5.1 KiB
Markdown
69 lines
5.1 KiB
Markdown
---
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titel: Verdrag tussen het Koninkrijk der Nederlanden en Australië inzake betaald werk
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van gezinsleden van diplomatiek en consulair personeel; Canberra, 24-09-1997
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bwb_id: BWBV0001346
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type: verdrag
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status: geldend
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datum_inwerkingtreding: '1998-08-13'
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bron: https://wetten.overheid.nl/BWBV0001346
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citeertitel: Verdrag tussen het Koninkrijk der Nederlanden en Australië inzake betaald
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werk van gezinsleden van diplomatiek en consulair personeel; Canberra, 24-09-1997
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---
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# Verdrag tussen het Koninkrijk der Nederlanden en Australië inzake betaald werk van gezinsleden van diplomatiek en consulair personeel; Canberra, 24-09-1997
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### Artikel 1
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**a).** The members of the family forming part of the official household of a member of the diplomatic mission or a consular post of the sending State are authorised to engage in a gainful occupation in the receiving State in accordance with the provisions of the law of the receiving State and subject to the provisions of this Agreement.
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**b).**
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For the purposes of this Agreement:
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(i) (i)
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“a member of a diplomatic mission or consular post" means any employee of the sending State (who is not a national or permanent resident of the receiving State) in a diplomatic mission, consular post or mission to an international organisation;
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(ii) (ii)
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“a member of the family" means a person who the receiving State has accepted as such and who forms part of the official household of a member of a diplomatic mission or consular post; and
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(iii) (iii)
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“Diplomatic Convention" means the Vienna Convention on Diplomatic Relations of l8 April 1961.
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**c).** Authorisation will not normally be given if the applicant would, by entering into the proposed employment, cease to form part of the household of the member of the diplomatic mission or consular post.
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**d).** A member of the family is authorised to engage in gainful employment from the time of arrival of the member of a diplomatic mission or consular post in the receiving State until the time of departure of the latter or until the end of a reasonable period thereafter.
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### Artikel 2
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**a).** A request for authorisation to engage in a gainful occupation shall be sent on behalf of the member of the family by the Embassy of the sending State to the Ministry of Foreign Affairs of the receiving State.
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**b).** The procedures followed shall be applied in a way which enables the member of the family to engage in a gainful occupation as soon as possible and any requirements relating to work permits and similar formalities will be favourably applied.
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**c).** Authorisation for a member of the family to engage in a gainful occupation shall not imply exemption from any requirements which may ordinarily apply to any employment, whether relating to personal characteristics, professional or trade qualifications or otherwise.
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### Artikel 3
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In the case of members of the family who enjoy immunity from the civil and administrative jurisdiction of the receiving State in accordance with the Diplomatic Convention such immunity will be waived by the sending State in respect of all matters arising out of the gainful employment and falling within the civil or administrative law of the receiving State. In such cases, the sending State will also waive immunity from execution of any judgment against a member of the family.
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### Artikel 4
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In the case of members of the family who enjoy immunity from the criminal jurisdiction of the receiving State in accordance with the Diplomatic Convention:
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a) a)
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The sending State will waive the immunity of the member of the family concerned from the criminal jurisdiction of the receiving State in respect of any act or omission arising from the gainful occupation except in special instances when the sending State considers that such a waiver would be contrary to its interests;
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b) b)
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A waiver of immunity from criminal jurisdiction will not be construed as extending to immunity from execution of the sentence, for which a specific waiver will be required. In such cases, the sending State will give serious consideration to waiving the latter immunity.
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### Artikel 5
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In accordance with the Diplomatic Convention or under any other applicable international instrument members of the family shall be subject to the taxation and social security regimes of the receiving State for all matters connected with their gainful occupation in that State.
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### Artikel 6
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The Dutch and Australian statutory provisions governing the employment of aliens, with the exception of those relating to Government employment, shall not apply in respect of dependants who are permitted to take up employment in the Netherlands or Australia in accordance with this Agreement.
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### Artikel 7
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This Agreement will remain in operation for an indefinite period. Either State may terminate it at any time by giving six (6) months' notice in writing to the other State.
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### Artikel 8
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This Agreement shall enter into force thirty days after the day on which the Contracting Parties have notified each other that their respective constitutional and legal requirements for the entry into force of this Agreement have been complied with.
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