449Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018

449 Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018 ***amending Act***means the **Justice Legislation Miscellaneous Amendment Act 2018**. (2) An amendment made to this Act by a provision of Division 1 of Part 5 of the amending Act applies to a criminal proceeding that commences on or after the day on which that provision comes into operation. (3) An amendment made to this Act by a provision of Division 2 of Part 5 of the amending Act applies to a criminal proceeding in which an indictment is filed on or after the day on which that provision comes into operation. (4) An amendment made to this Act by a provision of Division 3 of Part 5 of the amending Act applies to— (a) a trial that commences on or after the day on which that provision comes into operation; and (b) a summary hearing held on or after the day on which that provision comes into operation. (5) This Act as amended by section 34 of the amending Act applies to a criminal proceeding on and from the commencement of section 34 of that Act, irrespective of when the criminal proceeding commenced. (6) For the purposes of subsection (5), if the Magistrates' Court has commenced but not determined a summary hearing for an indictable offence before the commencement of section 34 of the amending Act, on that commencement the Magistrates' Court must— (a) discontinue the summary hearing; and (b) transfer the criminal proceeding to the Supreme Court or the County Court. (7) This Act as amended by Division 6 of Part 5 of the amending Act applies to a criminal proceeding in which the plea to the charge is entered in the Magistrates' Court after the commencement of that Division. S. 450 inserted by No. 5/2018 s. 16.