Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:4_152
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 4 cl 152
Character Range: 66148–67538

152  Review of proceedings of superior summary authority or commanding officer

Powers and duties of reviewing authority

 (1) As soon as practicable after a summary authority (other than a subordinate summary authority) convicts a person of a service offence, the summary authority must give the record of the proceedings to a competent reviewing authority.

 (2) The reviewing authority must review the proceedings in accordance with this Part.

 (3) Before reviewing the proceedings, the reviewing authority must obtain legal advice on the proceedings from a legal officer.

 (4) The reviewing authority must complete the review:
 (a) within 30 days after receiving the record referred to in subsection (1); or
 (b) if this is not possible due to the exigencies of service—as soon as practicable after the end of that period.

Notice of results of review

 (5) After reviewing the proceedings, the reviewing authority must give written notice of the results of the review to:
 (a) the summary authority; and
 (b) the person who was convicted of the service offence.

Exception

 (6) This section does not apply to proceedings before a superior summary authority if the superior summary authority has no reviewing authority of a higher rank.

Note: In the case referred to in subsection (6), the convicted person could lodge an appeal to the Australian Military Court under Part IX.