Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:1_169
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 1 cl 169
Character Range: 83572–84768

169  Punishments or orders not approved to be quashed or revoked
 (1) Where in a review the reviewing authority does not approve a punishment or an order, the reviewing authority shall quash the punishment or revoke the order, as the case may be.
 (2) Where a reviewing authority quashes a punishment or revokes an order under subsection (1) in relation to a convicted person, the reviewing authority may take such action in relation to the convicted person as could have been taken under Part IV by the service tribunal that convicted the convicted person of the service offence of which he or she was convicted, but the reviewing authority shall not:
 (a) impose a punishment that is more severe than the punishment that was imposed by the service tribunal;
 (b) if the punishment imposed by the service tribunal was a custodial punishment—impose a punishment other than a custodial punishment;
 (c) if the punishment imposed by the service tribunal was not a custodial punishment—impose a custodial punishment; or
 (d) if the service tribunal made a reparation order—make a reparation order for an amount that exceeds the amount of the reparation order that was made by the service tribunal.