Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:2_9
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 120141–122126

9  Trials resulting in punishment by a summary authority—review proceedings completed before commencement day
(1) This item applies if, during the period beginning on 20 September 2008 and ending on the commencement day:
 (a) a person was charged with a service offence; and
 (b) a summary authority:
 (i) imposed, or purported to impose, a punishment on the person; or
 (ii) made, or purported to make, a Part IV order in relation to the person; and
 (c) on or before the commencement day, review under Part VIIIA of the old Defence Force Discipline Act of the proceedings of the summary authority had been completed.
(2) The person may lodge with a competent reviewing authority a petition for review of the proceedings or purported proceedings of the summary authority, so far as those proceedings related to the punishment or Part IV order, 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 for a review because of the operation of this item, sections 153, 154, 155, 156 and 162 and Division 5 of Part VIIIA, and any other provision of the amended Defence Force Discipline Act necessary for the effectual operation of those provisions, apply to the review.
(5) A person may only lodge a petition for a review of proceedings or purported proceedings of a summary authority, so far as those proceedings related to a punishment or Part IV order, if the person is not entitled to lodge a such a petition in relation to the punishment or Part IV order because of the operation of another provision of this Schedule.
(6) If:
 (a) before 20 September 2008 a person was charged with a service offence; and
 (b) no action to deal with the charge had been taken before that day;
this item applies as if the person had been charge with the offence on 20 September 2008.