139Transitional provision—Criminal Procedure Act 2009

139 Transitional provision—Criminal Procedure Act 2009 (1) Subject to subsection (2), the maximum fine set out in section 112A, as inserted by section 433 of the **Criminal Procedure Act 2009**, applies to a sentence imposed on or after the commencement of section 433 of that Act, irrespective of when the criminal proceeding commenced and irrespective of when the Magistrates' Court determined to grant a summary hearing. (2) If— (a) the maximum fine set out in section 112A is greater than the maximum fine that applies to the summary hearing of an indictable offence immediately before the commencement of section 433 of the **Criminal Procedure Act 2009**; and (b) before the commencement of section 433 of that Act, the Magistrates' Court determined to grant a summary hearing of a charge for the offence— the maximum fine for the offence immediately before that commencement applies. (3) Subject to subsection (4), the maximum fine set out in section 113D(1A) and (1B), as inserted by section 434 of the **Criminal Procedure Act 2009**, applies to a sentence imposed on or after the commencement of section 434 of that Act, irrespective of when the criminal proceeding commenced and irrespective of when the Magistrates' Court determined to grant a summary hearing. (4) If— (a) the maximum fine set out in section 113D(1A) is greater than the maximum fine that applies to the summary hearing of an indictable offence immediately before the commencement of section 434 of the **Criminal Procedure Act 2009**; and (b) before the commencement of section 434 of that Act, the Magistrates' Court determined to grant a summary hearing of a charge for the offence— the maximum fine for the offence immediately before that commencement applies. S. 138 inserted by No. 77/2009 s. 4, renumbered as s. 140 by No. 7/2010 s. 14(2).