Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:2_167
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 2 cl 167
Character Range: 48679–49637

167  Powers of Court in an appeal against a punishment

 (1) In an appeal by a convicted person against a punishment imposed on the person by a summary authority, the Australian Military Court, in its discretion, may confirm, quash or vary the punishment.

 (2) If the Australian Military Court quashes the punishment:
 (a) the punishment does not take effect; and
 (b) the Court may take such action under Part IV (including imposing a punishment or making an order or both) in relation to the convicted person as the summary authority could have taken under that Part in relation to the person.

 (3) If the Australian Military Court varies the punishment, the punishment takes effect as varied.

 (4) The Australian Military Court must not vary a punishment imposed on a convicted person by a summary authority in such a way that the varied punishment would not be a punishment that the summary authority could have imposed on the person under Part IV.