Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_12
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 14639–16498

12  Dismissal of appeals and confirmation of punishments etc.
(1) If the AMC purported to dismiss an appeal against a conviction by a summary authority of a person of a service offence, 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 dismissal of the appeal 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 conviction;
 (ii) the reviewing authority had decided not to quash the conviction;
 (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 confirm a punishment or Part IV order imposed or 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 confirmation of the punishment or Part IV order 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 punishment or Part IV order;
 (ii) the reviewing authority had approved the punishment or order, or had decided not to quash or revoke the punishment or order;
 (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.

Part 4—Things done on appeal from the AMC