Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_5
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 4946–7126

5  Effect of punishments and Part IV orders
(1) This item applies if the AMC purported to:
 (a) impose a punishment, other than imprisonment as mentioned in paragraph 68(1)(a) or (b) of the old Defence Force Discipline Act; or
 (b) make a Part IV order.
(2) The rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if:
 (a) the amended Defence Force Discipline Act had been in force on and after the time (the punishment time) when the punishment or order was purportedly imposed or made; and
 (b) the punishment or order had instead been properly imposed or made at the punishment time, under that Act as so in force, by a general court martial; and
 (c) 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 general court martial;
 (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
 (d) if:
 (i) the punishment is detention or a fine; and
 (ii) the AMC 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 (b) and (c) of this subitem, the general court martial 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.
(3) If the punishment is dismissal, and the AMC purported, under subsection 171(1B) of the old Defence Force Discipline Act, to order that the dismissal was to take effect on a specified day, subitem (2) applies as if the general court martial had made an order in the same terms (and had power to make that order).
(4) 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.