Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:4_153
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 4 cl 153
Character Range: 67538–68466

153  Reviewing authority must request summary authority to reopen proceedings to correct punishment error

 (1) This section applies to:
 (a) a review, under section 151, by a commanding officer (the reviewing authority) of the proceedings of a subordinate summary authority; or
 (b) a review, under section 152, by a competent reviewing authority of the proceedings of a superior summary authority or a commanding officer.

 (2) If the reviewing authority considers that the action taken by the summary authority under Part IV (whether the imposition of a punishment or the making of an order or both) in relation to the convicted person is beyond the power of the summary authority, the reviewing authority must request the summary authority, in writing, to reopen the proceedings.

 (3) If the reviewing authority requests the summary authority to reopen the proceedings, the summary authority must reopen the proceedings.