Appeals on punishments and orders purportedly decided by the AMC
26 Appeals on punishments and orders purportedly decided by the AMC
This item applies in relation to an appeal purportedly made to the AMC against a punishment imposed, or a Part IV order made, by a summary authority in respect of a person's purported conviction by the summary authority of a service offence if:
the appeal was purportedly lodged on or before the High Court decision date; and
on or before that date, the AMC had purportedly:
confirmed or varied the punishment, or taken action under Part IV of the old Defence Force Discipline Act (as mentioned in paragraph 167(2)(b) of that Act); or
confirmed or varied the Part IV order, or taken action under Part IV of the old Defence Force Discipline Act (as mentioned in paragraph 167A(2)(b) of that Act).
The person may lodge with a competent reviewing authority a petition, for a punishment review, under section 153 of the amended Defence Force Discipline Act.
The petition must be lodged within the period of 60 days beginning on the commencement day, or within such extended period as the competent reviewing authority allows.
Automatic review of punishments of detention
Without limiting the right to lodge a petition for a punishment review as provided for by this item, if this item applies in relation to a punishment of detention, a reviewing authority must as soon as practicable on or after the commencement day, undertake a punishment review in relation to that punishment.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.