Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:2_161
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 2 cl 161
Character Range: 39983–42535

161  Appeals to the Australian Military Court

 (1) A person who has been convicted of a service offence by a summary authority may appeal to the Australian Military Court against:
 (a) his or her conviction; or
 (b) a punishment imposed, or a Part IV order made, by the summary authority in respect of his or her conviction.

 (2) An appeal to the Australian Military Court:
 (a) must specify the grounds on which the appeal is brought; and
 (b) must be lodged with the Registrar or with such other person as is prescribed:
 (i) within the appropriate period; or
 (ii) within such longer period as the Court, either before or after the expiration of the appropriate period, allows.

 (3) For the purposes of subparagraph (2)(b)(i) and subject to subsections (4) and (5), the appropriate period is:
 (a) if the appeal is against a conviction—the period of 14 days beginning on the day of the conviction; or
 (b) if the appeal is against a punishment or a Part IV order—the period of 14 days beginning on the day on which the punishment or the Part IV order takes effect.

Note: Some punishments and orders under Part IV do not take effect unless they are approved by a reviewing authority: see subsections 172(2) and (3).

 (4) If a summary authority has reopened proceedings in response to a request by a reviewing authority under section 153:
 (a) the convicted person may not appeal to the Australian Military Court in relation to the proceedings until after the summary authority has completed dealing with the reopened proceedings; and
 (b) for the purposes of subparagraph (2)(b)(i), the appropriate period is:
 (i) if the appeal is against the person's conviction—the period of 14 days beginning on the day on which, under Part VIIIA, the person is given notice of the results of the review of the proceedings (including the reopening of the proceedings); or
 (ii) if the appeal is against a punishment imposed on the person or a Part IV order made in relation to the person—the period of 14 days beginning on the day on which the punishment or the Part IV order takes effect.

 (5) If a reviewing authority gives a convicted person a notice under subsection 155(2) recommending that the person consider appealing to the Australian Military Court against the conviction, or any punishment imposed or order made under Part IV in respect of the conviction, then, for the purposes of subparagraph (2)(b)(i), the appropriate period is the period of 14 days beginning on the date on which the notice is given.

Division 3—Determination of appeals