Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:8_4
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 8 cl 4
Character Range: 112381–113234

4  Continued application of old law to proceedings in progress before commencement day

(1) This item applies if, before the commencement day:
 (a) a person had been charged with a service offence under the old DFDA; and
 (b) proceedings dealing with the charge of the offence had been commenced under the old DFDA; and
 (c) those proceedings (including any appeal to the Defence Force Discipline Appeal Tribunal) had not been finally determined under the old law.

(2) Despite the main amendments made by this Act, and subject to subitem (3), the old law continues to apply after the commencement day in relation to the proceedings, including any review under Part IX of the old DFDA, as if those amendments had not been made.

(3) A review of the proceedings must not be commenced under section 155 of the old DFDA after the end of 31 December 2008.