Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:2_4
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 2 cl 4
Character Range: 114399–115643

4  Charges purportedly referred to the AMC as a result of an election etc.—no punishment imposed
(1) This item applies to a charge of a service offence against a person if:
 (a) on or before the High Court decision date:
 (i) the Director of Military Prosecutions requested the Registrar under subsection 103(4) of the old Defence Force Discipline Act (which deals with referrals resulting from an election) to refer the charge to the AMC; or
 (ii) the person had made an election under section 111C or 131AA of the old Defence Force Discipline Act in relation to the charge, but the Director of Military Prosecutions had not, on or before that date, taken action under subsection 103(4) of the old Defence Force Discipline Act in relation to the charge; and
 (b) the AMC had not, on or before the High Court decision date, purported to convict the person, dismiss the charge or acquit the person.
(2) As soon as reasonably practicable after the commencement day, action must be taken under Part VII of the amended Defence Force Discipline Act to refer the charge to a summary authority to be dealt with as if no action in relation to the charge had been, or had purportedly been taken, under Part VII of the old Defence Force Discipline Act.