Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:2_163
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 2 cl 163
Character Range: 43310–44024

163  Quashing of conviction—new evidence available

 (1) If, in an appeal against a conviction by a summary authority, it appears to the Australian Military Court that there is evidence that:
 (a) was not reasonably available during the proceedings before the summary authority; and
 (b) is likely to be credible; and
 (c) would have been admissible in the proceedings before the summary authority;
the Court must receive and consider that evidence.

 (2) If:
 (a) the Australian Military Court receives and considers evidence under subsection (1); and
 (b) it appears to the Court that the conviction cannot be supported having regard to that evidence;
the Court must allow the appeal and quash the conviction.