117Compensation payable to locally engaged overseas employees

#### 117 Compensation payable to locally engaged overseas employees (1) This section applies to employees who were engaged outside Australia for employment outside Australia and are performing the duties of their employment outside Australia. (2) Where a compensation scheme in force in a foreign country applies (whether because of contributions made by the Commonwealth or a licensed corporation under the scheme or otherwise) in respect of the employment by the Commonwealth or the licensed corporation in that country of employees to whom this section applies, or such a compensation scheme would, but for this Act, be so applicable, this Act does not apply in respect of the employment by the Commonwealth or the licensed corporation in that country of those employees. (3) Where a compensation scheme in force in a foreign country: (a) does not, and, but for this Act, would not apply, in respect of the employment by the Commonwealth or a licensed corporation in that country of a class of employees to whom this section applies; and (b) does apply (whether because of contributions made by the Commonwealth or the licensed corporation under the scheme or otherwise) in respect of the employment by the Commonwealth or the licensed corporation in that country of other such employees or would, but for this Act, be so applicable; that compensation scheme shall be taken to apply in respect of the employment by the Commonwealth or a licensed corporation in that country of the employees referred to in paragraph (a) and the relevant authority is liable to provide benefits for those employees in accordance with that compensation scheme in respect of their employment by the Commonwealth or a licensed corporation in that country. (4) Where, in a foreign country, there is no compensation scheme in force that applies, or, but for this Act, would apply, in respect of the employment by the Commonwealth or a licensed corporation in that country of employees to whom this section applies, but there is a compensation scheme in force in that country that applies in respect of persons employed by the Government of that country, that compensation scheme shall be taken to apply in respect of the employment by the Commonwealth or the licensed corporation of those employees in that country and the relevant authority is liable to provide benefits for those employees in accordance with that compensation scheme in respect of that employment. (5) A relevant authority is not liable, otherwise than under this section, to pay compensation in respect of the employment of an employee to whom this section applies in circumstances where a compensation scheme referred to in this section applies, or is to be taken to apply, in respect of that employment. (6) In this section: (a) a reference to a foreign country includes a reference to an external Territory; (b) a reference to the Government of a foreign country, in relation to an external Territory, is a reference to the Administration of that Territory; (c) a reference to benefits is a reference to compensation benefits for persons in the event of their death or incapacity due to an injury or disease occurring in circumstances connected with their employment; and (d) a reference to a compensation scheme is a reference to a scheme (whether constituted by a law or not) for the provision of compensation benefits.