Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:2_3
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 113298–114399

3  Charges purportedly referred to the AMC other than as a result of an election—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, the Director of Military Prosecutions requested the Registrar to refer the charge to the AMC; and
 (b) the request was not made under subsection 103(4) of the old Defence Force Discipline Act (which deals with referrals resulting from an election); and
 (c) either:
 (i) the AMC had not, on or before the High Court decision date, purported to convict the person, dismiss the charge or acquit the person; or
 (ii) the AMC had, on or before the High Court decision date, purported to convict the person, but had not, on or before that date, purported to impose a punishment on the person or make a Part IV order in relation to the charge.
(2) The charge is taken to be referred to the Director of Military Prosecutions on the commencement day, and the Director of Military Prosecutions may deal with the charge under section 103 of the amended Defence Force Discipline Act.