CRIMINAL PROCEDURE ACT 2009 - SECT 440 Transitional provisions—Justice Legislation Amendment Act 2010
CRIMINAL PROCEDURE ACT 2009 - SECT 440
Transitional provisions—Justice Legislation Amendment Act 2010(1) An application for leave to appeal against sentence under section 567(d) of the Crimes Act 1958 as in force immediately before its repeal that has been commenced but not determined on the commencement of section 76 of the Justice Legislation Amendment Act 2010 is to be determined in accordance with section 280 of this Act as if—
(a) a reference to section 278 were a reference to section 567(d) of the Crimes Act 1958 ; and
(b) a reference to section 315(1) were a reference to section 582 of the Crimes Act 1958 as in force immediately before its repeal.
(2) Section 350 as amended by section 65 of the Justice Legislation Amendment Act 2010 applies to a sentencing hearing that commences on or after the commencement of section 65 of that Act.
(3) Section 359 as amended by section 66 of the
Justice Legislation Amendment Act 2010 applies to a hearing in a criminal
proceeding
if the hearing commences on or after the commencement of section 66
of that Act.
S. 441 inserted by No. 81/2011 s. 18.