Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_11
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 12841–14639

11  Varying or revoking Part IV orders
(1) If the AMC purported to vary a Part IV order made 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:
 (a) the amended Defence Force Discipline Act had been in force on and after the time when the purported variation occurred; and
 (b) the following were the case, under Part VIIIA of that Act as so in force, immediately after that time:
 (i) a competent reviewing authority had reviewed the Part IV order;
 (ii) the Part IV order, as purportedly varied, had been made by the reviewing authority;
 (iii) any possibility of further review (other than review provided for by Part 7 of this Schedule) had been exhausted.
(2) If the AMC purported to:
 (a) revoke a Part IV order made by a summary authority; and
 (b) take action (the substituted action) under Part IV of the old Defence Force Discipline Act (as mentioned in paragraph 167A(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:
 (c) the amended Defence Force Discipline Act had been in force on and after the time when the purported revocation occurred; and
 (d) the following were the case, under Part VIIIA of that Act as so in force, immediately after that time:
 (i) a competent reviewing authority had reviewed the Part IV order;
 (ii) the reviewing authority had revoked the Part IV order and taken the substituted action;
 (iii) any possibility of further review (other than review provided for by Part 7 of this Schedule) had been exhausted.
(3) 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.