Document ID: chunk:federal_register_of_legislation:C2021A00133:clause:2_55
Version: federal_register_of_legislation:C2021A00133
Segment Type: clause
Provision Reference: sch 2 cl 55
Character Range: 81915–83526

55  Application of new law to charges at or after commencement time for service offences committed before the commencement time
(1) Subject to subitems (2) and (3), the new law also applies in relation to a service offence if:
 (a) the offence was committed, or alleged to have been committed, by a person before the commencement time; and
 (b) the person had not been charged with the offence under the Defence Force Discipline Act 1982 before the commencement time.

New punishments etc. do not apply
(2) The following provisions of the new law do not apply in relation to the service offence:
 (a) the definition of active service in subsection 3(1);
 (b) the definition of elective punishment subsection 3(1);
 (c) the definition of member below non‑commissioned rank in subsection 3(1);
 (d) subparagraph 68(1)(h)(i);
 (e) sections 69A, 69B and 69C;
 (f) subsections 71(1) and (3).

Old punishments etc. continue to apply
(3) Despite the amendments of the Defence Force Discipline Act 1982 made by this Schedule, the following provisions of that Act continue to apply, as if those amendments had not been made, in relation to the service offence:
 (a) the definition of active service in subsection 3(1);
 (b) the definition of elective punishment subsection 3(1);
 (c) the definition of member below non‑commissioned rank in subsection 3(1);
 (d) section 67;
 (e) subparagraph 68(1)(h)(i);
 (f) subsections 71(1) and (3);
 (g) Schedules 2, 3 and 3A (as modified by any regulations, in force immediately before the commencement time, made under that Act for the purposes of paragraph 6(2)(b) of that Act).