Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_17
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 24245–25273

17  Effect of actions taken in relation to person purportedly convicted by a summary authority
If, before the High Court decision date:
 (a) a summary authority purported to try a person for a service offence in the following circumstances:
 (i) the person was required to be given the opportunity to elect to have the charge of the service offence tried by the AMC;
 (ii) the summary authority proceeded with the trial of the person on the basis that the person had not elected (or had withdrawn an election) to have the charge tried by the AMC; and
 (b) the summary authority purported to convict the person of the service offence; and
 (c) the purported conviction is invalid because:
 (i) the person was required to be given an opportunity to elect to have the charge of the service offence tried by the AMC; and
 (ii) the AMC was not a validly created court;
then item 7 applies in relation to the purported conviction in the same way as it applies in relation to a purported conviction by the AMC.

Part 6—Other matters