Document ID: chunk:federal_register_of_legislation:C2024C00861:section:173
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 173
Character Range: 465521–466775

173  Suspension of operation of restitution orders and reparation orders
 (1) Subject to subsection (2), the operation of a restitution order or a reparation order, being a restitution order or a reparation order made by a court martial or a Defence Force magistrate is suspended:
 (a) until the expiration of the period during which, under the Defence Force Discipline Appeals Act 1955, an application for leave to appeal, or an appeal, against 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 an application for leave to appeal, or an appeal, against the conviction is duly lodged—until the application is finally dismissed or is withdrawn or the appeal is finally determined or abandoned.
 (2) Where a reviewing authority is satisfied that the title to the property in relation to which a restitution order is made is not in dispute, the reviewing authority may direct that subsection (1) shall not apply in relation to the order.
 (3) Where the operation of a restitution order or a reparation order is suspended by virtue of subsection (1), the order does not take effect if the conviction in relation to which the order is made is quashed on appeal.