Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:4_159
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 4 cl 159
Character Range: 72914–74157

159  Punishments or orders not approved to be quashed or revoked

 (1) If the reviewing authority does not approve the punishment or order, the reviewing authority must quash the punishment or revoke the order, as the case may be.

 (2) If the reviewing authority quashes a punishment or revokes an order under subsection (1) in relation to a convicted person, the reviewing authority may take such action in relation to the convicted person as could have been taken under Part IV by the summary authority that convicted the person.

 (3) However, the reviewing authority must not do any of the following under subsection (2):
 (a) impose a punishment that is more severe than the punishment that was imposed by the summary authority;
 (b) if the punishment imposed by the summary authority was a custodial punishment—impose a punishment other than a custodial punishment;
 (c) if the punishment imposed by the summary authority was not a custodial punishment—impose a custodial punishment;
 (d) if the summary authority made a reparation order—make a reparation order for an amount that exceeds the amount of the reparation order that was made by the summary authority.

Part 2—Consequential amendments

Defence Force Discipline Act 1982