Document ID: chunk:federal_register_of_legislation:C2024C00861:section:153
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 153
Character Range: 441021–442956

153  Review on petition to reviewing authority
 (1) Where a service tribunal convicts a person of a service offence or gives a direction in relation to a person under subsection 145(2) or (5), the person may lodge with a competent reviewing authority a petition for a review of the proceedings concerned.
 (1A) The person must lodge the petition within 30 days after the person is given notice of the results of the review under subsection 152(3) unless the reviewing authority extends the period during which the petition may be lodged.
 (1B) If the reviewing authority extends the period during which the petition may be lodged, the petition must be lodged within that extended period.
 (2) Where:
 (a) a person appeals, or applies for leave to appeal, to the Defence Force Discipline Appeal Tribunal; and
 (b) the Tribunal dismisses the appeal or the application for leave to appeal;
the person may, within 60 days after that dismissal or such further period as a competent reviewing authority allows, lodge with the reviewing authority a petition for a review of the proceedings of the service tribunal the subject of that appeal or application for leave to appeal.
 (3) A petition under subsection (1) or (2) shall set out the grounds on which the petitioner relies for the exercise of the power of review in accordance with this Part.
 (4) On receipt of a petition under subsection (1) or (2), a reviewing authority shall, as soon as practicable and, in any event, within 30 days after the receipt:
 (a) review the proceedings in accordance with this Part having regard to the grounds set out in the petition; and
 (b) notify the petitioner, in writing, of the result of that review.
 (5) Notwithstanding anything in subsection (4), a reviewing authority shall not, in a review of proceedings referred to in subsection (2), exercise any of his or her powers under Division 3 or 4 other than his or her powers under section 162.