Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_28
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 34456–35626

28  Appeals to the DFDAT from purported AMC decisions—finalised appeals
(1) This item applies if:
 (a) before the High Court decision date, a person purported to appeal to the DFDAT against a punishment purportedly imposed or a Part IV order purportedly made by the AMC; and
 (b) on or before that date, the DFDAT had purportedly confirmed or varied the punishment or Part IV order.
(2) The person may lodge with a competent reviewing authority a petition, for a punishment review, 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.

Automatic review of punishments of detention
(4) Without limiting the right to lodge a petition for a punishment review as provided for by this item, if this item applies in relation to a punishment of detention, a reviewing authority must, as soon as practicable on or after the commencement day, undertake a punishment review in relation to that punishment.

Division 3—Things done by summary authorities on basis no election to be tried by the AMC