Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:2_5
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 115643–117339

5  Part‑heard purported appeals to the AMC
(1) This item applies to an appeal purportedly made to the AMC against any of the following:
 (a) a person's conviction by a summary authority of a service offence;
 (b) a punishment imposed, or a Part IV order made, by the summary authority in respect of a person's conviction by a summary authority for a service offence;
 if:
 (c) the appeal was purportedly made on or before the High Court decision date; and
 (d) in the case of an appeal against a conviction—the AMC had not, on or before that date, purportedly done any of the following:
 (i) dismissed the appeal;
 (ii) quashed the conviction; and
 (e) in the case of an appeal against a punishment imposed, or a Part IV order made—the AMC had not, on or before that date, purportedly done either of the following:
 (i) confirmed, quashed or varied the punishment;
 (ii) confirmed, revoked or varied the Part IV order.
(2) The person may lodge with a competent reviewing authority a petition for a review of the proceedings of the summary authority under section 153 of the amended Defence Force Discipline Act.
(3) The petition must be lodged within the period of 60 days beginning on the commencement day, or within such extended period as the competent reviewing authority allows.
(4) If the person lodges a petition under section 153 of the amended Defence Force Discipline Act because of the operation of this item, then sections 153, 154, 155, 156 and 162, and Division 5 of Part VIIIA, and any other provisions of the amended Defence Force Discipline Act necessary for the effectual operation of those provisions, apply to the review.

Division 2—Incomplete summary authority proceedings