Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:7_169
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 7 cl 169
Character Range: 88454–89317

169  Section 176
Repeal the section, substitute:

 (1) If:
 (a) a summary authority has imposed a punishment on a convicted person; and
 (b) the convicted person lodges a petition under section 153 with respect to the conviction or punishment;
the reviewing authority may order that the execution of the punishment is to be stayed in whole or in part pending the determination of the petition.

 (2) If:
 (a) the Australian Military Court has imposed a punishment on a convicted person; and
 (b) the convicted person or the Director or Military Prosecutions notifies the Court that he or she has appealed, or applied for leave to appeal, under the Defence Force Discipline Appeals Act 1955 against the conviction or punishment;
the Court may order that the execution of the punishment is to be stayed in whole or in part pending the determination of the appeal.