Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:4_153a
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 4 cl 153A
Character Range: 68466–69589

153A  Procedures for dealing with reopened proceedings

 (1) This section applies if a summary authority reopens proceedings in response to a request by a reviewing authority under section 153.

 (2) The summary authority must notify the convicted person that the proceedings are to be reopened.

 (3) The summary authority must, as the case requires:
 (a) impose a less severe punishment on the convicted person; or
 (b) if the summary authority had made a reparation order (the original reparation order)—make a reparation order for an amount that is less than the amount of the original reparation order.

 (4) As soon as practicable after the summary authority completes dealing with the proceedings under subsection (3), the summary authority must give the record of the proceedings to the reviewing authority that requested the summary authority to reopen the proceedings.

 (5) Subject to subsection 161(4), this section does not affect the right of the convicted person to appeal to the Australian Military Court in relation to the proceedings.

Note: Part IX deals with appeals to the Australian Military Court.