Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_6
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 7126–8405

6  Persons not liable to be tried again under the amended Defence Force Discipline Act
(1) Subject to subitem (2), if the AMC purported to:
 (a) acquit a person of a service offence; or
 (b) convict a person of a service offence;
the person is not liable to be tried, under the amended Defence Force Discipline Act, for the same offence or for an offence that is substantially the same offence.
(2) This item does not apply to a purported conviction:
 (a) if:
 (i) a punishment or Part IV order was purportedly imposed or made by the AMC in respect of the conviction; and
 (ii) item 5 does not have effect, for any reason, in relation to the purported punishment or order; or
 (b) in relation to which the AMC had not, by the High Court decision date, imposed a punishment or made an order under Part IV of the old Defence Force Discipline Act.
(3) For the purposes of this item, the purported dismissal of a charge under section 132B or 132D of the old Defence Force Discipline Act is taken to be a purported acquittal by the AMC of the service offence that was the subject of the charge.
(4) This item does not affect the jurisdiction of a civil court (as defined in the amended Defence Force Discipline Act) to try a charge of a civil court offence (as defined in that Act).