Federal Register of Legislation - Australian Government

Primary content

Passenger Movement Charge Collection Act 1978

  • - C2004C00037
  • In force - Superseded Version
  • View Series
Act No. 119 of 1978 as amended, taking into account amendments up to Act No. 64 of 2004
An Act relating to charge imposed in respect of the departure of persons from Australia.
Administered by: Attorney-General's
Start Date 01 Jul 2004
End Date 09 Dec 2008

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978



Compilation Information

A graphic exists here.

Passenger Movement Charge Collection Act 1978

Act No. 119 of 1978 as amended
This compilation was prepared on 1 July 2004
taking into account amendments up to Act No. 64 of 2004
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra



Long Title

An Act relating to charge imposed in respect of the departure of persons from Australia

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 1
Short title [see Note 1]

This Act may be cited as the Passenger Movement Charge Collection Act 1978.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 2
Commencement [see Note 1]

This Act shall come into operation on the day on which the Departure Tax Act 1978 comes into operation.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 3
Interpretation

In this Act, unless the contrary intention appears:

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.

Australia includes:

(a) the Territory of Christmas Island; and
(b) the Territory of Cocos (Keeling) Islands;

but does not include any external Territory.
authorised officer means:

(a) an officer of Customs; or
(b) any other person authorised in writing by the Chief Executive Officer of Customs to be an authorised officer for the purposes of this Act.

charge means the charge, called passenger movement charge, imposed by the Passenger Movement Charge Act 1978.

charge stamp means a charge stamp issued under this Act.

child means a child who is under 18 years old and includes an adopted child or a step-child.

crew member, in relation to an aircraft or a ship, includes the person in charge of the aircraft or ship.

emergency passenger means a person:

(a) who arrives in Australia as a passenger on an aircraft or a ship only because of:
(i) the illness of a person (including that person) on board the aircraft or ship; or
(ii) bad weather conditions; or
(iii) another kind of emergency; and
(b) who departs from Australia as soon as it is reasonably practicable for the person to do so.

exemption stamp means a stamp issued under this Act for denoting exemption from liability to charge.

external Territory does not include:

(a) the Territory of Christmas Island; or

Back to Top

(b) the Territory of Cocos (Keeling) Islands.

Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003.

officer of Customs has the same meaning as in subsection 4(1) of the Customs Act 1901.

petroleum has the same meaning as in the Timor Sea Treaty.

petroleum activities has the same meaning as in the Timor Sea Treaty.

positioning crew member means:

(a) a passenger on an aircraft whose departure from Australia is undertaken for the purpose of later becoming a crew member of that aircraft, another aircraft or a ship; or
(b) a passenger on a ship whose departure from Australia is undertaken for the purpose of later becoming a crew member of that ship or another ship.

refund means refund of charge under this Act.

ship means any vessel used in navigation, other than air navigation.

spouse, in relation to a person, includes another person who, although not legally married to the person, lives with the person on a genuine domestic basis as the husband or wife of the person.

Timor Sea Treaty means the Treaty defined by subsection 5(1) of the Petroleum (Timor Sea Treaty) Act 2003.

Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea:

(a) that was signed at Sydney on 18 December 1978; and
(b) the text of which is set out in the Schedule to the Torres Strait Fisheries Act 1984.

traditional activities has the same meaning as in the Torres Strait Treaty.

traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984.

transit passenger means a person who arrives in Australia from a place outside Australia for the purpose only of a journey from that place to a place outside Australia and who departs from Australia:

(a) in the case of a person who arrives in Australia on an aircraft and who departs from Australia on that aircraft or another aircraft:
(i) without being immigration cleared within the meaning of section 172 of the Migration Act 1958; or
(ii) if the person is so immigration cleared to enter Australia for reasons beyond the person's control—as soon as it is reasonably practicable for the person to do so after those reasons no longer exist; or
(b) in any other case:
(i) less than 48 hours after the person arrived in Australia; or
(ii) if the person is prevented from departing from Australia less than 48 hours after the person arrived in Australia for reasons beyond the person's control—as soon as it is reasonably practicable for the person to do so after those reasons no longer exist.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 4
Act binds the Crown

This Act binds the Crown in right of the Commonwealth and of each State.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 4A
Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 5
Persons exempt from passenger movement charge

A person departing from Australia does not have to pay the charge in relation to his or her departure if, at the time of his or her departure, the person:


Back to Top

(a) is under 12 years old; or
(b) is a traditional inhabitant whose departure is undertaken in connection with the performance of traditional activities; or
(c) is a member of the defence force of a country other than Australia whose departure is undertaken:
(i) in the course of his or her duty as such a member; and
(ii) on an aircraft or a ship of a defence force; or
(d) is a spouse or a child:
(i) of a member of the defence force of a country other than Australia to whom paragraph (c) applies; and
(ii) whose departure from Australia is undertaken in the company of the member; or
(e) is a crew member of an aircraft or a ship whose departure from Australia is on the aircraft or ship; or
(f) is a spouse or a child:
(i) of a crew member of a ship to whom paragraph (e) applies; and
(ii) whose departure from Australia is undertaken in the company of the member; or
(g) is a positioning crew member; or
(h) is a transit passenger; or
(i) is an emergency passenger; or
(j) is in the course of a journey that has involved a previous departure by the person from Australia by ship in respect of which the person paid the charge; or
(k) does not have to pay the charge because of the operation of:
(i) the Consular Privileges and Immunities Act 1972; or
(ii) the Diplomatic Privileges and Immunities Act 1967; or
(iii) the International Organisations (Privileges and Immunities) Act 1963; or
(iv) the Overseas Missions (Privileges and Immunities) Act 1995; or
(l) is a passenger whose departure from Australia is undertaken for the purpose of travelling to the Joint Petroleum Development Area in connection with the prospecting for petroleum or the undertaking of petroleum operations; or
(m) is a protective service officer (as defined in the Australian Federal Police Act 1979) on an aircraft for the purpose of enhancing the security of the aircraft.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 6
Liability to pay passenger movement charge

(1)
Charge in respect of the departure of a person from Australia is payable by the person before the departure.

(2)
Where charge in respect of the departure of a person from Australia is not paid before the departure, the person is guilty of an offence punishable upon conviction by a fine not exceeding 1 penalty unit.

(2A)
Subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3)
Where a person is convicted of an offence against subsection (2), the court may, in addition to imposing a penalty under that subsection, order the person to pay to the Commonwealth the amount of charge not paid by the person.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 7
Powers of authorised officers

(2)
An authorized officer may, for the purpose of ascertaining whether charge has been or will be paid in respect of the departure from Australia of a person who, in the opinion of the authorized officer, is about to depart from Australia for another country or for an external Territory, require that person, or any other person who may, in the opinion of the authorized officer, have information with respect to the matter, to answer questions or produce documents to him or her, or both.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 8
Offences

(1)
A person shall not fail to answer a question or produce a document when required to do so in pursuance of subsection 7(2).

Penalty: 1 penalty unit.


Back to Top

(1A)
Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(1B)
Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3)
A person shall not obstruct or hinder an authorized officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Penalty: 5 penalty units.

(3A)
Subsection (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).

(4)
A person shall not assault or threaten an authorized officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Penalty: 10 penalty units or imprisonment for 6 months, or both.

(5)
For the purposes of an offence against subsection (3) or (4), strict liability applies to the following physical elements of circumstance of the offence:

(a) that the person obstructed or hindered is an authorised officer;
(b) that the authorised officer is acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Note: For strict liability, see section 6.2 of the Criminal Code.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 9
Refunds of passenger movement charge

(1)
A person is entitled to a refund of charge paid by the person if:

(a) the departure in respect of which the charge was paid does not take place;
(b) the departure in respect of which the charge was paid takes place, but the person returns to Australia without having entered another country;
(c) by virtue of section 5, charge was not payable in respect of the departure in respect of which the charge was paid; or
(d) the person is entitled to a refund under the regulations.

(2)
If an authorized officer, by instrument in writing, so directs, a refund to which a person is entitled by virtue of subsection (1) shall be applied in discharge of the liability of the person for charge payable by the person in respect of a departure specified in the instrument, and a refund that is so applied shall be deemed to have been paid to the person.

(3)
A person shall not:

(a) obtain a refund that is not payable;

Back to Top

(b) make a statement, in or in connection with a claim for a refund, reckless as to the fact that the statement is false or misleading in a material particular; or
(c) present a document, in connection with an application for a refund, reckless as to the fact that the document is false or misleading in a material particular.

Penalty: 5 penalty units.

(4)
Where a person is convicted of an offence against subsection (3), the court may, in addition to imposing a penalty under that subsection, order the person to repay to the Commonwealth the amount of any refund incorrectly paid to the person.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 10
Special arrangements for payment of passenger movement
charge

(1)
The Minister may make an arrangement with a person under which the person agrees to pay to the Commonwealth, in the manner provided in the arrangement, an amount equal to any charge that may become payable by any person to whom the arrangement applies.

(2)
Where an arrangement under subsection (1) applies to a person who departs from Australia for another country, the person shall, for the purposes of this Act, be deemed to have paid any charge payable in respect of that departure.

(3)
An amount payable by a person to the Commonwealth under an arrangement under subsection (1) may be recovered by the Commonwealth by action against the person in a court of competent jurisdiction.

(4)
Despite anything in this section, the Minister must not make an arrangement under this section that is to apply in respect of any person departing from Australia for another country on an aircraft before 1 July 1995.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 11
Charge stamps and exemption stamps

(1)
The regulations may make provision for and in relation to the payment of charge by the production to authorized officers or such other officers as are prescribed of charge stamps by or on behalf of persons liable to pay charge and, in particular, without limiting the generality of the foregoing, may make provision for and in relation to:

(a) the issue of charge stamps by the Commonwealth;
(aa) the supply (whether by way of sale or otherwise) of charge stamps by the Commonwealth to approved agents;
(ab) the terms and conditions upon which charge stamps may be supplied by the Commonwealth to approved agents;
(ac) the sale of charge stamps by approved agents;
(ad) the terms and conditions upon which charge stamps may be sold by approved agents;
(b) refunds, by the Commonwealth or by approved agents specified in the regulations, of amounts paid for the purchase of charge stamps that are not produced for the purpose of payment of charge or in respect of which a refund is otherwise payable under the regulations; and
(c) the reimbursement of approved agents who pay refunds in accordance with regulations made for the purposes of paragraph (b).

(2)
The regulations may make provision for and in relation to the issue by the Commonwealth of stamps (in this subsection referred to as exemption stamps) to or in respect of persons in respect of the departure of whom from Australia charge would be payable but for the operation of section 5 and, in particular, without limiting the generality of the foregoing, may make provision for and in relation to the production to authorized officers or such other officers as are prescribed of exemption stamps by or on behalf of such persons.

(3)
Without limiting the generality of subsection (2), the regulations may make provision for and in relation to:

(a) the supply of exemption stamps by the Commonwealth to approved agents;
(b) the terms and conditions upon which exemption stamps may be supplied by the Commonwealth to approved agents;
(c) the supply of exemption stamps by approved agents; and
(d) the terms and conditions upon which exemption stamps may be supplied by approved agents.


Back to Top

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 12
Recovery of passenger movement charge

Charge that a person has become liable to pay and has not paid is a debt due to the Commonwealth by the person by whom the charge is payable.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 13
Averment

(1)
In any prosecution for an offence against subsection 6(2) or in any proceedings for the recovery of charge, a statement or averment of the prosecutor or plaintiff in the information, complaint, claim or declaration is prima facie evidence of the matter so stated or averred.

(2)
This section shall apply to any matter so averred although:

(a) evidence in support or rebuttal of the matter averred or any other matter is given; or
(b) the matter averred is a mixed question of law and fact, but in that case the averment shall be prima facie evidence of the fact only.

(3)
Any evidence given in support or rebuttal of a matter so averred shall be considered on its merits, and the credibility and probative value of such evidence shall be neither increased nor diminished by reason of this section.

(4)
This section shall not lessen or affect any onus of proof otherwise falling on the defendant.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 14
Delegation

(1)
The Minister may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to an officer of the Department any of his or her powers under this Act, other than this power of delegation.

(2)
A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3)
A delegation under this section does not prevent the exercise of a power by the Minister.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
- SECT 15
Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:

(a) making provision for and in relation to claims for refunds, the allowance or payment of refunds and the recovery of refunds paid incorrectly;
(aa) making provision for and in relation to the appointment of bodies or persons as approved agents; and
(b) prescribing penalties not exceeding 5 penalty units for offences against the regulations.

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978
Notes to the Passenger Movement Charge Collection Act 1978

Note 1

The Passenger Movement Charge Collection Act 1978 as shown in this compilation comprises Act No. 119, 1978 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 3 April 2000 is not included in this consolidation. For subsequent information see Table A.

Table of Acts

Act


Number
and year


Date
of Assent


Date of commencement


Application, saving or transitional provisions


Departure Tax Collection Act 1978


119, 1978


29 Sept 1978


24 Oct 1978 (see s. 2 and Gazette 1978, No. S216)



Departure Tax Collection Amendment Act 1981


132, 1981


30 Sept 1981


1 Oct 1981


S. 4


Departure Tax Collection Amendment Act 1986


38, 1986


24 June 1986


S. 5: 1 July 1986
Remainder: Royal Assent


S. 4(2)


Departure Tax Collection Amendment Act 1988


48, 1988


15 June 1988


1 July 1988



Civil Aviation Act 1988


63, 1988


15 June 1988


S. 99: 1 July 1988 (see Gazette 1988, No. S189) (a)



Migration Legislation Amendment Act 1989


59, 1989


19 June 1989


Ss. 1 and 2: Royal Assent
Part 3 (ss. 36, 37): 19 June 1990
S. 27: 1 July 1989 (see Gazette 1989, No. S218)
S. 35: 20 Dec 1989
Remainder: 19 Dec 1989



Territories Law Reform Act 1992


104, 1992


30 June 1992


Ss. 3-8, 11-18, 20, 23 and 24: 1 July 1992
Ss. 9, 10, 19, 21 and 22: 29 June 1993 (see Gazette 1993, No. S196)
Remainder: Royal Assent



Migration Legislation Amendment Act 1994


60, 1994


9 Apr 1994


S. 85: (b)



Departure Tax Collection Amendment Act 1994


159, 1994


16 Dec 1994


16 Dec 1994


Ss. 3 and 18-20


Passenger Movement Charge Collection Amendment Act 1995


65, 1995


30 June 1995


1 July 1995


S. 3 (item 10)


Timor Gap Treaty (Transitional Arrangements) Act 2000


25, 2000


3 Apr 2000


Ss. 4-6 and Schedule 2
(items 38, 39): (c)


Ss. 4-6
[see Table A]


Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000


137, 2000


24 Nov 2000


Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent
Remainder: 24 May 2001


Sch. 2 (items 418, 419) [see Table A]


Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001


24, 2001


6 Apr 2001


S. 4(1), (2) and Schedule 39: (d)


S. 4(1) and (2) [see Table A]


Customs Legislation Amendment Act (No. 1) 2002


82, 2002


10 Oct 2002


Schedule 6: Royal Assent



Petroleum (Timor Sea Treaty) (Consequential Amendments) Act 2003


10, 2003


2 Apr 2003


Schedule 1 (items 1-52, 54-75,
78-82): 20 May 2002
Remainder: Royal Assent



Customs Legislation Amendment Act (No. 1) 2003


119, 2003


4 Dec 2003


Schedule 2: 1 Dec 2002



Australian Federal Police and Other Legislation Amendment Act 2004


64, 2004


22 June 2004


Schedule 2 (item 12): 1 July 2004 (see Gazette 2004, No. GN26)



(a)

Back to Top

The Passenger Movement Charge Collection Act 1978 was amended by section 99 only of the Civil Aviation Act 1988, subsection 2(2) of which provides as follows:

(2) Part III, section 98 and Part X, and the amendments made by Part IX, commence on a day or days to be fixed by Proclamation.

(b) The Passenger Movement Charge Collection Act 1978 was amended by section 85 only of the Migration Legislation Amendment Act 1994, subsection 2(3) of which provides as follows:

(3) The remaining provisions of this Act commence immediately after the commencement of section 3 of the Migration Reform Act 1992.
Section 3 commenced on 1 September 1994.

(c) The Passenger Movement Charge Collection Act 1978 was amended by Schedule 2 (items 38 and 39) only of the Timor Gap Treaty (Transitional Arrangements) Act 2000, subsection 2(2) of which provides as follows:

(2) Sections 3 to 7 and Schedules 1 and 2 (other than items 18 to 25 of Schedule 2) are taken to have commenced at the transition time. [see Table A]

(d) The Passenger Movement Charge Collection Act 1978 was amended by Schedule 39 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

(1) Subject to this section, this Act commences at the later of the following times:

(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

Item 15 commenced on 24 May 2001.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted


Provision affected


How affected


Title


am. No. 159, 1994


S. 1


am. No. 159, 1994


S. 3


am. No. 38, 1986; Nos. 48 and 63, 1988; No. 104, 1992; No. 159, 1994; No. 65, 1995; No. 25, 2000; No. 10, 2003


S. 4A


ad. No. 24, 2001


S. 5


am. No. 132, 1981; No. 59, 1989; Nos. 60 and 159, 1994



rs. No. 65, 1995



am. No. 82, 2002; Nos. 10 and 119, 2003; No. 64, 2004


S. 6


am. No. 159, 1994; No. 24, 2001


S. 7


am. No. 159, 1994; No. 65, 1995


S. 8


am. No. 159, 1994; No. 65, 1995; No. 137, 2000; No. 24, 2001


S. 9


am. Nos. 60 and 159, 1994; No. 24, 2001


S. 10


am. No. 159, 1994; No. 65, 1995


S. 11


am. No. 38, 1986; No. 48, 1988; No. 159, 1994; No. 65, 1995


Ss. 11A-11C


ad. No. 38, 1986



rep. No. 48, 1988


Ss. 12, 13


am. No. 159, 1994


S. 14


am. No. 38, 1986; No. 60, 1994


S. 15


am. No. 48, 1988; No. 159, 1994



Back to Top

Table A

Table A

Application, saving or transitional provisions

Timor Gap Treaty (Transitional Arrangements) Act 2000 (No. 25, 2000)

4 The transition time
In this Act:

transition time means 1.23 am Australian Central Standard Time on 26 October 1999.

Note: This time corresponds to the time in New York when the United Nations Security Council adopted Resolution 1272 (1999), which established UNTAET and gave it responsibility for the administration of East Timor. In 2000 the text of the Resolution was available in the Library of the Department of Foreign Affairs and Trade and accessible on the Internet through the Department's or the United Nations' world-wide web site.

5 Validity of things done by the Ministerial Council and the Joint Authority
(1)
Any thing done by the Ministerial Council or the Joint Authority, during the period commencing on the transition time and ending on 5.55 pm Australian Central Standard Time on 10 February 2000, is not invalid:

(a) merely because the Republic of Indonesia ceased to be a party to the Treaty, and UNTAET became a party to the Treaty, at the transition time; or
(b) merely because of an invalidity in the membership of the Ministerial Council or the Joint Authority.

(2)
In this section:

Joint Authority and Ministerial Council have the meanings given them by subsection 5(1) of the Petroleum (Timor Gap Zone of Cooperation) Act 1990.

Treaty has the meaning given by subsection 5(1) of the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 (as in force immediately before the transition time).

UNTAET means the United Nations Transitional Administration in East Timor.

6 Protection against retrospective criminal liability
A person does not commit an offence if the person would not have committed the offence had the amendments made by the items in Schedules 1 and 2 (other than items 18 to 25 of Schedule 2) commenced on the day on which this Act received the Royal Assent (rather than commencing at the transition time).

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418 Transitional—pre-commencement offences

(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419 Transitional—pre-commencement notices

If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;

the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

4 Application of amendments
(1)
Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2)
For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.