Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_15:p2
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 2/2)
Character Range: 19848–22060

under that Act as so in force, the person:
 (i) had been given an opportunity to make an election to have the charge tried by a court martial or a Defence Force magistrate; and
 (ii) had not made such an election; and
 (c) the original punishment or order had instead been properly imposed or made by the summary authority, under that Act as so in force, at the time (the punishment time) when the original punishment or order was purportedly imposed or made; and
 (d) the following were the case, under Part VIIIA of that Act as so in force, immediately after the punishment time:
 (i) a competent reviewing authority had reviewed the punishment or order imposed or made by the summary authority;
 (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; and
 (e) if:
 (i) the punishment is detention or a fine; and
 (ii) the summary authority also purported to make an order (the suspension order) under section 78 or 79 of the old Defence Force Discipline Act suspending the whole or part of the punishment;
  in addition to paragraphs (c) and (d) of this subitem, the summary authority had, immediately after the punishment time, made an order under section 78 or 79 of the amended Defence Force Discipline Act as so in force in the same terms as the suspension order.
(4) If:
 (a) the original punishment or order was a punishment of a kind that, under section 172 of the old Defence Force Discipline Act, did not take effect unless approved by a reviewing authority; and
 (b) the punishment had not been purportedly approved by a reviewing authority before the High Court decision date;
subitem (3) of this item does not have effect in relation to the original punishment or order unless it is approved under Part VIIIA of the amended Defence Force Discipline Act.
Note: Items 30 and 31 provide for Part VIIIA of the amended Defence Force Discipline Act to apply.
(5) 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.