Summary authority proceedings completed before commencement day: punishments or Part IV orders to which item 15 applies
32 Summary authority proceedings completed before commencement day: punishments or Part IV orders to which item 15 applies
This item applies if:
before the commencement day, the summary authority:
purported to impose a punishment on the person; or
purported to make a Part IV order in relation to the person; and
item 15 applies in relation to the punishment or order.
Item 15 applies if the punishment or order is invalid because the AMC was not a validly created court.
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 the detention punishment.
[Minister's second reading speech made in-
Senate on 9 September 2009
House of Representatives on 14 September 2009]
(168/09)
This Act’s bill:Explanatory memorandumSecond reading speech
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