Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_16
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 22062–24245

16  Persons not liable to be tried again under the amended Defence Force Discipline Act
(1) Subject to subitem (2), this item applies if, before the High Court decision date:
 (a) a summary authority purported to try a person for a service offence in the following circumstances:
 (i) the person was required to be given the opportunity to elect to have the charge of the service offence tried by the AMC;
 (ii) the summary authority proceeded with the trial of the person on the basis that the person had not elected (or had withdrawn an election) to have the charge tried by the AMC; and
 (b) either:
 (i) the summary authority purported to acquit the person; or
 (ii) the summary authority purported to convict the person, and the AMC did not purport to quash the conviction under Part IX of the old Defence Force Discipline Act; and
 (c) the purported conviction or acquittal is invalid because:
 (i) the person was required to be given an opportunity to elect to have the charge of the service offence tried by the AMC; and
 (ii) the AMC was not a validly created court.
(2) This item does not apply to a purported conviction:
 (a) if:
 (i) a punishment or Part IV order was purportedly imposed or made by the summary authority in respect of the conviction; and
 (ii) item 15 does not have effect, for any reason, in relation to the purported punishment or order; or
 (b) in relation to which the summary authority had not, by the High Court decision date, imposed a punishment or made an order under Part IV of the old Defence Force Discipline Act.
(3) If this item applies, the person is not liable to be tried, under the amended Defence Force Discipline Act, for the same offence or for an offence that is substantially the same offence.
(4) For the purposes of this item, the purported dismissal of a charge under section 130 of the old Defence Force Discipline Act is taken to be a purported acquittal by a summary authority of the service offence that was the subject of the charge.
(5) This item does not affect the jurisdiction of a civil court (as defined in the amended Defence Force Discipline Act) to try a charge of a civil court offence (as defined in that Act).