Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:2_172a
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 2 cl 172A
Character Range: 55405–56543

172A  Suspension of operation of restitution orders and reparation orders made by a summary authority

 (1) The operation of a restitution order or a reparation order made by a summary authority is suspended:
 (a) until the expiration of the period in which, under Part IX, an appeal to the Australian Military Court against the order, or the conviction in relation to which the order was made, may be lodged, but not in any case beyond the time specified in paragraph (b); and
 (b) if such an appeal is lodged—until the appeal is finally determined or abandoned.

 (2) If, in relation to a restitution order, the summary authority is satisfied that the title to the property in relation to which the order is made is not in dispute, the summary authority may direct that subsection (1) is not to apply to the order.

 (3) If the operation of a restitution order or a reparation order is suspended under subsection (1), the order does not take effect if the conviction in relation to which the order is made is quashed on appeal.

Note: The heading to section 173 is altered by adding at the end "made by the Australian Military Court".