Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_15:p1
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 1/2)
Character Range: 17518–20051

15  Effect of punishment or Part IV order imposed or made by summary authority
(1) Subject to subitem (2), this item applies if:
 (a) before the High Court decision date, a summary authority purported to impose or make a punishment or Part IV order (the original punishment or order) in respect of the conviction of a person of a service offence in the following circumstances:
 (i) the person was required to be given the opportunity to elect to have the charge of the service offence tried by the AMC;
 (ii) the summary authority proceeded with the trial of the person on the basis that the person had not elected (or had withdrawn an election) to have the charge tried by the AMC; and
 (b) a reviewing authority did not purport to quash or revoke the original punishment or order (except as mentioned in subitem (2)) before the High Court decision date; and
 (c) the AMC did not purport to do any of the following under Part IX of the old Defence Force Discipline Act:
 (i) quash the conviction;
 (ii) quash, vary, revoke or confirm the original punishment or order; and
 (d) the original punishment or order is invalid because:
 (i) the person was required to be given an opportunity to elect to have the charge of the service offence tried by the AMC; and
 (ii) the AMC was not a validly created court.
Note: If, before the High Court decision date, the AMC purported to quash the conviction, or to quash, vary, revoke or confirm the original punishment or order, Part 3 of this Schedule applies.
(2) If, before the High Court decision date, a reviewing authority purported to:
 (a) quash or revoke the original punishment or order; and
 (b) take action (the substituted action) under Part VIIIA of the old Defence Force Discipline Act (as mentioned in subsection 159(2) of that Act);
this item applies as if the summary authority had taken the substituted action, instead of imposing or making the punishment or Part IV order referred to in paragraph (1)(a) of this item.
(3) If this item applies, the rights and liabilities of all persons are, by force of this item (subject to subitem (4)), declared to be, and always to have been, the same as if:
 (a) the amended Defence Force Discipline Act had been in force on and after the time when the opportunity referred to in paragraph (1)(a) was required to be given; and
 (b) under that Act as so in force, the person:
 (i) had been given an opportunity to make an election to have the charge tried by a court martial or a Defence Force magistrate; and
 (ii) had not made such an