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(3)Despite subsections (1) and (2), the amendment of section 38 by section 7 of the Road Safety and Sentencing Acts Amendment Act 2012 and the substitution of section 44 by section 8 of that Act do not affect the rights of the parties in the proceedings known as DPP v Tyson Jason Leys; DPP v Dillon Thomas Leys (No. S APCR 2012 0054 and No. S APCR 2012 0055).