Document ID: chunk:federal_register_of_legislation:C2024C00861:section:74:p2
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 74 (pt 2/3)
Character Range: 214495–217329

that is of the same kind as the suspended punishment; or
 (d) a service tribunal convicts a person of a service offence that was committed during the period to which an undertaking given by the person in accordance with subsection 75(2) relates and, on that conviction, imposes:
 (i) a prescribed punishment for the service offence to which the conviction relates; and
 (ii) a prescribed punishment that is of the same kind as the prescribed punishment referred to in subparagraph (i) for the service offence in relation to which the undertaking was given;
the tribunal may order that all or any of the punishments so imposed (including, where applicable, the punishment referred to in paragraph (c) the suspension of which is revoked) shall be cumulative.
 (4A) Subject to this section, where:
 (a) a service tribunal convicts of a service offence a person who is already subject to a prescribed punishment (being a punishment that is suspended in whole or in part) and, on that conviction:
 (i) recommends to a competent reviewing authority, under subsection 80(3), that the suspension be revoked by the reviewing authority; and
 (ii) imposes another prescribed punishment; and
 (b) the reviewing authority revokes the suspension under subsection 80(4);
the punishments so imposed (including the punishment the suspension of which is revoked) shall be concurrent.
 (4B) Subject to subsection (5), where:
 (a) a service tribunal convicts of a service offence a person who is already subject to a prescribed punishment (being a punishment that is suspended in whole or in part) and, on that conviction:
 (i) recommends to a competent reviewing authority, under subsection 80(3), that the suspension be revoked by the reviewing authority;
 (ii) imposes another prescribed punishment that is of the same kind as the suspended punishment; and
 (iii) recommends to the reviewing authority that the punishments be made cumulative; and
 (b) the reviewing authority revokes the suspension under subsection 80(4);
the reviewing authority may order that the punishments so imposed (including the punishment the suspension of which is revoked) shall be cumulative.
 (5) A service tribunal or a reviewing authority that has revoked a suspension of a punishment on the recommendation of a service tribunal shall not order that prescribed punishments shall be cumulative if the effect of the order would be that the person convicted would be subject to punishment for a total period that exceeds the period of operation of the most severe punishment (being a punishment of the same kind as the first‑mentioned punishments) that the tribunal could impose on the person for the service offence, or any one of the service offences, of which the person has been convicted by the tribunal.
 (5A) A reviewing authority that has revoked the suspension of