rate of levy means the percentage prescribed by the regulations for the purposes of this paragraph in respect of that year.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF INTERIM LEVY) ACT 1994
- SECT 10
Payment of levy

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A person who is liable to pay levy in respect of a chemical product must pay the levy on or before the prescribed date for payment of that levy.

(1)

If any levy payable by a person is not wholly paid on or before the prescribed date for payment of the levy, the person immediately becomes liable to pay a late payment penalty of:

(a)

subject to paragraph (b)—$200; or

(b)

if another amount is prescribed by the regulations for the purposes of this section and is applicable in respect of that prescribed date for payment—that other amount.

(2)

The APVMA may waive the whole or a part of the liability to pay an amount of late payment penalty.

(1)

If it appears to the APVMA that a person may be liable to pay levy in respect of leviable disposals of a chemical product that took place during a relevant calendar year, the APVMA may, not earlier than the end of that year, by written notice given to the person:

(a)

tell the person the rate of levy payable in respect of chemical products for that year; and

(b)

require the person:

(i)

to calculate the total leviable value (if any) in respect of the product for that year and the amount of the levy (if any) that is payable; and

(ii)

within a period of not less than one month that is stated in the notice, to notify the APVMA in writing of the results of the calculations and the basis on which the calculations were made.

(2)

A person must not refuse or fail to comply with a requirement made under subsection (1).

Penalty: 30 penalty units.

(2A)

Subsection (2) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2A). See subsection 13.3(3) of the Criminal Code.

(2B)

An offence under subsection (2) is an offence of strict liability.

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

(3)

Subject to subsection (6), a person who has given to the APVMA, under subparagraph (1)(b)(ii) or this subsection, a notification in writing in respect of the total leviable value (if any) in respect of a chemical product for a calendar year and the amount of the levy (if any) that is payable may make a further calculation of that value and amount in substitution for the value and amount last so calculated and notify the APVMA of the results of the further calculations and the basis on which the further calculations were made.

(4)

Subject to subsection (6), an amount notified by a person to the APVMA in accordance with this section as being the amount calculated by the person to be the levy payable in respect of a chemical product for a calendar year or, if more than one amount has been so notified for that year, the amount last notified, is taken to be the amount of levy so payable.

(5)

Subject to subsection (6), if a notification by a person to the APVMA in accordance with this section or, if more than one notification has been made, the last such notification, states that the calculations made by the person show that no levy is payable in respect of a particular chemical product for a calendar year, no levy is payable by the person in respect of that product for that year.

(6)

Subsections (3), (4) and (5) do not apply in relation to a chemical product in respect of a calendar year if the APVMA has made or makes an assessment as to whether any levy is payable in respect of that product for that year.

(1)

The APVMA may make an assessment as to whether levy is payable in respect of leviable disposals of a particular chemical product during a relevant calendar year.

(2)

An assessment may be made before, on or after the date that, apart from the assessment, would be the prescribed date for payment of the levy and whether or not any payment has been made on account of the levy.

(3)

An assessment is to state the total leviable value (if any) in respect of the product for the calendar year concerned and the amount of the levy (if any) payable.

(4)

An assessment may be based on any information in the possession of the APVMA, whether obtained as a result of the making of a requirement under this Act or otherwise.

(5)

The APVMA must give written notice of an assessment:

(a)

if any levy is assessed to be payable—to the person who it considers is liable to pay the levy; or

(b)

if no levy is assessed to be payable—to the person who, if levy had been payable, it considers would have been liable to pay the levy.

(6)

A notice of assessment must contain particulars of any determination made by the APVMA under paragraph 7(a).

(7)

If any levy is payable, the notice must state the date by which the levy is to be paid.

(8)

The date to be so stated must not be earlier than whichever is the later of the following dates:

(a)

the date that, apart from the assessment, would be the prescribed date for payment of the levy;

(b)

the 21st day after the day on which the notice is given.

(9)

A notice of an assessment must include a statement to the effect of section 15.

(10)

A failure to comply with subsection (9) does not affect the validity of the assessment.

(11)

An assessment is taken to be a decision for the purposes of the Administrative Appeals Tribunal Act 1975.

(12)

The production of a notice of assessment, or of a document purporting to be a copy of a notice of assessment, signed on behalf of the APVMA by the Chief Executive Officer of the APVMA or a delegate of the Chief Executive Officer is conclusive evidence of the due making of the assessment and, except in proceedings under section 15 on a review or appeal relating to the assessment, that the amount and all the particulars of the assessment are correct.

(1)

Subject to subsection (2), if the APVMA is satisfied that an assessment was incorrect, the APVMA may make a fresh assessment under section 13 in substitution for the original assessment, even though levy may have been paid in respect of the original assessment.

(2)

A fresh assessment may:

(a)

if the original assessment was based on false or misleading information given to the APVMA or to an inspector—be made at any time; or

(b)

otherwise—be made only within 4 years from the date on which levy became payable under the original assessment.

(1)

A person who is affected by an assessment made by the APVMA may, if dissatisfied with the assessment, by written notice given to the APVMA within 21 days after the day on which the person first received notice of the assessment, or within any further period that the APVMA allows, request the APVMA to reconsider the assessment.

(2)

The person must set out in the request reasons for making the request.

(3)

Upon receipt of the request, the APVMA must reconsider the assessment and, subject to subsection (4), may confirm or revoke the assessment or vary the assessment in any manner that it thinks fit.

(4)

If the APVMA does not confirm, revoke or vary an assessment before the end of 21 days after the day on which it received the request under subsection (1) to reconsider the assessment, it is taken, at the end of that period, to have confirmed the assessment under subsection (3).

(5)

If the APVMA confirms, revokes or varies an assessment before the end of the period referred to in subsection (4), it must, by written notice given to the person making the request, tell the person the result of the reconsideration of the assessment and the reasons for confirming, varying or revoking the assessment, as the case may be.

(6)

A failure to comply with subsection (5) does not affect the validity of the confirmation, revocation or variation.

(7)

Applications may be made to the Administrative Appeals Tribunal for review of assessments of the APVMA that have been confirmed or varied under subsection (3).

(8)

If, as a result of an application made under paragraph 31(b), the Administrative Appeals Tribunal has reviewed a determination made by the APVMA under paragraph 7(a) in relation to a chemical product as at a particular time, the Tribunal is not entitled to alter the determination as so reviewed by it when it is reviewing an assessment to which the determination is relevant.

(9)

If an assessment is taken, because of subsection (4), to be confirmed, section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the assessment were the period beginning on the day on which the assessment is taken to be confirmed and ending on the 28th day after that day.

(10)

If a request is made under subsection (1) in respect of an assessment, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of the assessment.

(1)

Any levy that has not been paid on or before the prescribed date for payment of the levy, or any late payment penalty that is payable, is a debt due to the Commonwealth and payable to the APVMA and may be sued for and recovered by the APVMA.

(2)

The APVMA must pay into the Consolidated Revenue Fund any amounts of levy or late payment penalty received by it.

(1)

If it appears to the APVMA that levy may be payable in respect of a chemical product for a calendar year, the APVMA may, not earlier than the end of the calendar year, give written notice to any one or more of the following:

(a)

the person, or any of the persons, by whom any such levy would be payable;

(b)

if the product is an imported product and the person referred to in paragraph (a) is not, or none of the persons referred to in that paragraph is, the importer—the importer;

(c)

if the product is an Australian product and the person referred to in paragraph (a) is not, or none of the persons referred to in that paragraph is, the manufacturer—the manufacturer;

requiring the person to whom the notice is given to give to the APVMA, within a period stated in the notice that is not less than one month after the notice is given, any information relating to the importation, manufacturer or disposal of the product during the calendar year that is necessary to work out the total leviable value in respect of the product for the calendar year.

(2)

A person must not refuse or fail to comply with a requirement made under subsection (1).

Penalty: 30 penalty units.

(3)

Subsection (2) does not apply if the person has a reasonable excuse.

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

(4)

An offence under subsection (2) is an offence of strict liability.

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

(1)

The APVMA may, by writing, appoint members of its staff, persons engaged under the Public Service Act 1999, or other persons having appropriate qualifications, to be inspectors for the purposes of this Act.

(2)

An inspector is a Commonwealth officer for the purposes of section 70 of the Crimes Act 1914.

(3)

The APVMA must cause to be issued to each person who is an inspector an identity card which states the name of the person and the fact that the person is an inspector for the purposes of this Act and to which is attached a photograph of the person taken within the 3 years before the identity card is issued.

(4)

A person who has ceased to be an inspector must, as soon as practicable, return to the APVMA the identity card issued to him or her under this section.

Penalty for a contravention of this subsection: One penalty unit.

(5)

Subsection (4) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.

(6)

An offence under subsection (4) is an offence of strict liability.

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

(1)

Subject to this section, to the extent that it is reasonably necessary to do so for the purpose of finding out whether levy is payable under this Act, an inspector, with any necessary help, may enter, at any time during ordinary working hours on any day, any premises that the inspector has reasonable cause to believe are premises at which any thing relating to the importation, manufacture or disposal of chemical products is kept and may do any one or more of the following:

(a)

search the premises and any thing found at the premises;

(b)

inspect any document kept at the premises;

(c)

seize any such document and remove it from the premises.

(2)

An inspector may not, under subsection (1), enter premises that are a residence unless the occupier of the premises has consented to the entry.

(3)

An inspector may not exercise any powers under subsection (1) in relation to premises if:

(a)

the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and

(b)

the inspector fails to comply with the requirement.

(1)

If an inspector has reasonable grounds for suspecting that there may be at any premises a particular thing that may be evidence of the commission of an offence against this Act, the inspector may:

(a)

with the consent of the occupier of the premises; or

(b)

under a warrant issued under section 22;

enter the premises and:

(c)

search the premises for the thing: and

(d)

if the thing is found—seize the thing.

(2)

If, in the course of searching, under a warrant issued under section 22, for a particular thing in relation to a particular offence, an inspector finds another thing that the inspector believes, on reasonable grounds, to be:

(a)

a thing that may be evidence of the commission of the offence, although not the thing stated in the warrant; or

(b)

a thing that may be evidence of the commission of another offence against this Act;

and the inspector believes, on reasonable grounds, that it is necessary to seize the other thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is taken to authorise the inspector to seize the other thing.

(1)

Subject to subsection (2), an inspector who has entered premises under this Act may, to the extent that it is reasonably necessary for the purpose of finding out whether levy is payable under this Act, require a person to give information to the inspector and to produce any documents requested by the inspector.

(2)

An inspector is not entitled to make a requirement of a person under subsection (1) unless the inspector produces his or her identity card for inspection by the person.

(3)

A person must not refuse or fail to comply with a requirement made under subsection (1).

Penalty: 30 penalty units.

(4)

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

Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.

(5)

An offence under subsection (3) is an offence of strict liability.

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

(1)

An inspector may apply to a magistrate for a warrant under this section in relation to particular premises.

(2)

Subject to subsection (3), a magistrate may issue the warrant in accordance with the prescribed form if he or she is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, at the premises a particular thing that may be evidence of the commission of an offence against this Act.

(3)

A magistrate must not issue a warrant under subsection (2) unless the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought.

(4)

The warrant must:

(a)

state the nature of the offence; and

(b)

state the purpose for which the warrant is issued; and

(c)

authorise an inspector named in the warrant, with any help, and using any force, that is necessary and reasonable, to enter the premises and exercise the powers referred to in paragraphs 20(1)(c) and (d) in respect of the thing; and

(d)

state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(e)

state a day, not later than 7 days after the day of issue of the warrant, upon which the warrant ceases to have effect.

(1)

Subject to subsection (2), an inspector who is authorised to enter premises under a warrant issued under secton 22 or a person helping such an inspector must, before any person enters the premises under the warrant:

(a)

announce that he or she is authorised by the warrant to enter the premises; and

(b)

give any person at the premises an opportunity to allow entry to the premises.

(2)

The inspector or a person helping the inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:

(a)

the safety of a person (including the inspector and any person helping the inspector); or

(b)

that the effective execution of the warrant is not frustrated.

(1)

If a warrant under section 22 in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the inspector or a person helping the inspector must make a copy of the warrant available to the occupier or other person.

(2)

The inspector must identify himself or herself to the person at the premises.

(3)

The copy of the warrant referred to in subsection (1) need not include the signature of the magistrate who issued the warrant.

(1)

An inspector who enters premises under section 19 or 20 or a person assisting the inspector may bring to the premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized under that section.

(2)

If:

(a)

it is not practicable to examine or process the things at the premises; or

(b)

the occupier of the premises consents in writing;

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under section 19 or 20, as the case may be.

(3)

If things containing electronically stored information are moved to another place for the purpose of examination or processing under subsection (2), the inspector must, if it is practicable to do so:

(a)

tell the occupier the address of the place and the time at which the examination or processing will be carried out; and

(b)

allow the occupier or a representative of the occupier to be present during the examination or processing.

(4)

The inspector or a person helping the inspector may operate equipment already at the premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under section 19 or 20, as the case may be, if the inspector or person helping believes on reasonable grounds that:

(a)

the equipment is suitable for the examination or processing; and

(b)

the examination or processing can be carried out without damage to the equipment or the thing.

(1)

Subject to subsection (4), if a thing found at premises that an inspector has entered under section 19 or 20 is or includes records of information in a written or electronic form, the inspector or a person helping the inspector may operate, or the inspector may require the occupier or an employee of the occupier who is present to operate, equipment at the premises to see whether:

(a)

the equipment; or

(b)

a disk, tape or other storage device that:

(i)

is at the premises; and

(ii)

can be used with, or is associated with, the equipment;

contains records that are relevant to determining whether levy is payable under this Act or an offence against this Act has been committed, as the case requires.

(2)

If the inspector or a person helping the inspector, after equipment at the premises is operated, finds that the equipment contains records of that kind or that a disk, tape or other storage device at the premises contains records of that kind, he or she may:

(a)

seize the equipment or the disk, tape or other storage device; or

(b)

if the records can, by using facilities at the premises, be put in documentary form—operate the facilities to put the records in that form and seize the documents so produced; or

(c)

if the records can be transferred to a disk, tape or other storage device:

(i)

that is brought to the premises; or

(ii)

that is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the records to the storage device and remove the storage device from the premises.

(3)

An inspector or person helping an inspector may seize equipment under paragraph (2)(a) only if:

(a)

it is not practicable to put the relevant records in documentary form as mentioned in paragraph (2)(b) or to copy the records as mentioned in paragraph (2)(c); or

(b)

possession by the occupier of the equipment could constitute an offence.

(4)

An inspector or a person helping an inspector must not operate equipment for the purpose mentioned in subsection (1) unless the inspector or person helping believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

(1)

If:

(a)

equipment is damaged because of being operated as mentioned in section 25 or 26; and

(b)

the damage was caused as a result of:

(i)

insufficient care being exercised in selecting the person who was to operate the equipment; or

(ii)

insufficient care being exercised by the person operating the equipment;

the APVMA must pay compensation for the damage to the owner of the equipment.

(2)

In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.

(1)

Subject to subsection (2), if an inspector who has entered premises under section 19 or 20 seizes:

(a)

a document, film, computer file or other thing that can be readily copied; or

(b)

a storage device the information in which can be readily copied;

the inspector must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and is present when the seizure takes place, give a copy of the thing or the information to the occupier or other person as soon as practicable after the seizure.

(2)

Subsection (1) does not apply if:

(a)

the thing that has been seized was seized under paragraph 26(2)(b) or (c); or

(b)

possession by the occupier of the document, film, computer file, thing or information could constitute an offence.

(1)

If an inspector seizes a thing under section 19 or 20, the inspector must take reasonable steps to return it if the reason for its seizure no longer exists.

(2)

If the thing has not been returned before the end of 60 days after its seizure, the inspector must take reasonable steps to return it unless:

(a)

proceedings in which the thing may be used in evidence were begun before the end of the 60 days and the proceedings (including an appeal to a court in relation to the proceedings) have not been completed; or

(b)

the inspector may keep the thing because of an order under section 30; or

(c)

the inspector is authorised by this Act or by an order of a court to keep, destroy or dispose of the thing.

(3)

If the thing is required to be returned, it must be returned to the person from whom it was seized or, if that person is not entitled to possess it, to the owner.

(4)

If there is a dispute as to the ownership of the thing, the inspector may keep the thing until the dispute is resolved.

(5)

This section has effect subject to section 30.

(1)

If:

(a)

before the end of 60 days after an inspector seizes a thing under section 19 or 20; or

(b)

before the end of a period previously stated in an order of a court under this section in respect of a thing seized by an inspector as mentioned in paragraph (a);

proceedings in which the thing may be used in evidence have not been brought, the inspector may apply to a court of summary jurisdiction for an order that he or she may keep the thing for a further period.

(2)

If the court is satisfied that it is necessary for the inspector to continue to keep the thing:

(a)

for the purposes of an investigation as to whether an offence has been committed; or

(b)

to enable evidence of an offence to be secured for the purposes of a prosecution;

the court may order that the inspector may keep the thing for a period stated in the order.

(3)

If the court thinks that notice of the application should be given to any person, if may require such a notice to be given before it hears the application.

An application may be made to the Administrative Appeals Tribunal for review of:

(a)

a decision of the APVMA determining, or refusing to determine, a later day for the purposes of paragraph (a) of the definition of prescribed date for payment in subsection 3(1); or

(b)

a decision of the APVMA determining an amount under paragraph 7(a); or

(c)

a decision of the APVMA under subsection 11(2) waiving, or refusing to waive, the whole or part of the liability to pay an amount of late payment penalty; or

(d)

a decision of the APVMA allowing, or refusing to allow, a further period for the making of a request under subsection 15(1).

It is a reasonable excuse for a person to refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Act that the information, the production of the document or the doing of that other thing would tend to incriminate the person.

If an inspector seizes a document under section 19 or 20, or a person produces a document to an inspector in accordance with a requirement under subsection 21(1), the inspector may make copies of, or take extracts from, the document.

(1)

A person who applies for registration, or the renewal of registration, of a chemical product, or imports a chemical product into or manufactures a chemical product in Australia, must:

(a)

keep any records relating to the importation, manufacture or disposal of the product that may be necessary to work out the total leviable value in respect of the product for a relevant calendar year; and

(b)

retain those records for 6 years.

Penalty: 30 penalty units.

(2)

An offence under subsection (1) is an offence of strict liability.

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

No action, suit or other proceeding for damages lies against the Commonwealth, the APVMA, or any other Commonwealth authority, or a person who is or has been an officer or employee of the Commonwealth, of the APVMA or of any other Commonwealth authority, or is or has been a delegate of the APVMA, a director of the APVMA, consultant to the APVMA or an inspector, for or in relation to anything done or omitted to be done in good faith in the performance or purported performance of any function, or the exercise or purported exercise of any power, conferred by this Act.

(1)

In any legal or administrative proceeding, a certificate, signed by a member of the staff of the APVMA who is authorised by the APVMA to give certificates under this section, stating that a person named in the certificate was an inspector at a particular time or during a particular period for the purposes of this Act is evidence of the matters stated in the certificate.

(2)

Unless the contrary is proved, a document purporting to be a certificate referred to in subsection (1) is taken to be such a certificate and to have been duly given.

(1)

The Governor-General may make regulations prescribing matters:

(a)

required or permitted by this Act to be prescribed; or

(b)

necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and, in particular, prescribing the way in which notices may be given by or to the APVMA under this Act.

(2)

The percentage that may be prescribed by the regulations for the purposes of paragraph 9(c) must not exceed 2%.

Note 1

The Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 as shown in this compilation comprises Act No. 71, 1994 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

(a)

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.

(b) Subsection 2(1) (items 4 and 6) of the Agricultural and Veterinary Chemicals Legislation Amendment (Name Change) Act 2004 provide as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Agricultural and Veterinary Chemicals Legislation Amendment (Name Change) Act 2004 (No. 79, 2004)

The following amendments commences immediately after the commencement of item 94 of Schedule 1 to the Financial Framework Legislation Amendment Act 2004 (still a Bill):

461 Subsection 16(1)

Omit "NRA" (wherever occurring), substitute "APVMA".

Note: This item does not commence at all if item 94 of Schedule 1 to the Financial Framework Legislation Amendment Act 2004 does not commence. See item 4 of the table in subsection 2(1).

Omit "NRA", substitute "APVMA".

Note: This item does not commence at all if item 94 of Schedule 1 to the Financial Framework Legislation Amendment Act 2004 does not commence. See item 6 of the table in subsection 2(1).

As at 30 July 2004 the amendment is not incorporated in this compilation.

Application, saving or transitional provisions

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

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.

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.

Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 (No. 115, 2001)

(1)

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.