Repeal the section, substitute:

(1)

Subject to subsection (2), this Act applies to a federal criminal proceeding, whether begun before, on or after the day on which this section commences, if the prosecutor gives notice in writing to the defendant and the court that this Act applies to the proceeding.

(2)

If the prosecutor gives the notice after the proceeding begins, this Act only applies to the parts of the proceeding that take place after the notice is given.