Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:2_167a
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 2 cl 167A
Character Range: 49637–50615

167A  Powers of Court in an appeal against a Part IV order

 (1) In an appeal by a convicted person against a Part IV order made in relation to the person by a summary authority, the Australian Military Court, in its discretion, may confirm, revoke or vary the order.

 (2) If the Australian Military Court revokes the Part IV order:
 (a) the order does not take effect; and
 (b) the Court may take such action under Part IV (including imposing a punishment or making an order or both) in relation to the convicted person as the summary authority could have taken under that Part in relation to the person.

 (3) If the Australian Military Court varies the Part IV order, the order takes effect as varied.

 (4) The Australian Military Court must not vary a Part IV order made in relation to a convicted person by a summary authority in such a way that the varied order would not be an order that the summary authority could have made in relation to the person under Part IV.