298. How interlocutory appeal is commenced

298. How interlocutory appeal is commenced

(1) An interlocutory appeal under section 295 is commenced by filing a notice of application for leave to appeal in accordance with the rules of court—

(a) subject to paragraph (b), if the trial has not commenced when the interlocutory decision is made, within 10 days after the day on which the interlocutory decision is made or any extension of that period granted under section 313; or

(b) if the trial commences within 10 days after the day on which the interlocutory decision is made, within 2 days after the day on which the trial commences or any extension of that period granted under section 313; or

(c) if the trial has commenced when the interlocutory decision is made, within 2 days after the day on which the interlocutory decision is made or any extension of that period granted under section 313.

(2) A copy of the notice of application for leave to appeal must be served on the respondent in accordance with section 392 or 394, as the case requires, within the relevant period specified in subsection (1) for filing the notice.

This section is marked with a footnote, that leads to the Endnotes of the Criminal Procedure Act, which reads,

S. 298(2): The amendment proposed by section 51(zv) of the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 is not included in this publication because "340 or 342" does not appear in section 298(2).
Section 51(zv) reads as follows:

51. Amendment of cross-references consequential on renumbering (zv) in section 298(2), for "340 or 342" substitute "392 or 394";

This addition is, if anything, more confusing than had the drafters failed to mention it at all.