Document ID: chunk:federal_register_of_legislation:C2017A00004:clause:1_39
Version: federal_register_of_legislation:C2017A00004
Segment Type: clause
Provision Reference: sch 1 cl 39
Character Range: 20535–22466

39  Application of amendments
(1) Subject to this item, the amendments made by this Schedule apply in relation to domestic return trips undertaken after the commencement time.
(2) The amendments made by this Schedule do not affect entitlements in respect of return trips that a person has taken, or started to take, under the old Act before the commencement time. However, those return trips are to be counted towards any applicable limit in respect of a year under the amended Act.
Note: For example, if, in the period starting on 1 July 2013 and ending immediately before the commencement time, a person has already taken a number of return trips under the old Act that exceeds an applicable limit, under the amended Act, for the year starting on 1 July 2013, the person's entitlement to those trips is not affected, but the person is not entitled to any more trips in the remainder of that year.
(3) If:
 (a) in the period starting on the commencement time and ending immediately before the day after this Act receives the Royal Assent, a person takes, or starts to take, a return trip; and
 (b) the return trip would (if the amendments made by this Schedule had not been made) be in accordance with an entitlement under item 1 or 2 of the table in subsection 12(2) of the old Act;
then that trip is taken, for the purpose of the amended Act, to be in accordance with an entitlement under the amended Act.
(4) To avoid doubt, the amendments made by this Schedule apply according to their terms (and in accordance with this item), including in relation to a person who, before 14 May 2014:
 (a) was (or would, but for section 17 of the old Act, have been) a holder of a travel entitlement; or
 (b) satisfied (or would, but for that section, have satisfied) the relevant qualifying period; or
 (c) was the spouse or de facto partner, or the surviving spouse or de facto partner, of a person to whom paragraph (a) or (b) applies.