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Criminal Procedure Act 2009
440Transitional provisions—Justice Legislation Amendment Act 2010
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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.