Varying or quashing punishments
10 Varying or quashing punishments
If the AMC purported to vary a punishment imposed by a summary authority, the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if:
the amended Defence Force Discipline Act had been in force on and after the time when the purported variation occurred; and
the following were the case, under Part VIIIA of that Act as so in force, immediately after that time:
a competent reviewing authority had reviewed the punishment;
the punishment, as purportedly varied, had been imposed by the reviewing authority;
any possibility of further review (other than review provided for by Part 7 of this Schedule) had been exhausted.
If the AMC purported to:
quash a punishment imposed by a summary authority; and
take action (the substituted action) under Part IV of the old Defence Force Discipline Act (as mentioned in paragraph 167(2)(b) of that Act);
the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if:
the amended Defence Force Discipline Act had been in force on and after the time when the purported quashing occurred; and
the following were the case, under Part VIIIA of that Act as so in force, immediately after that time:
a competent reviewing authority had reviewed the punishment;
the reviewing authority had quashed the punishment and taken the substituted action;
any possibility of further review (other than review provided for by Part 7 of this Schedule) had been exhausted.
The rights and liabilities of persons as declared by this item are subject to the outcome of any review provided for by Part 7 of this Schedule.
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