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Armed Forces Discipline Act 2000

Armed Forces Discipline Act 2000

2000 CHAPTER 4

Commentary on Sections

Section 18: Right of appeal

50.This section inserts a new section into each of the SDAs.

Subsection (1) inserts a new section 83ZE into both the Army and Air Force Acts 1955. This section provides that anyone who is dealt with summarily and found guilty may appeal against the finding, the sentence or both. The section imposes a time limit of 14 days from the date the sentence was awarded to lodge an appeal, although the court may extend this period at its discretion.  It can also give leave to appeal at any time after the 14 day period has expired. In the case of an appeal, the section provides that the respondent (that is, the other party to the appeal) will be the prosecuting authority.

Subsection (2) inserts a new section 52FK into the Naval Discipline Act 1957.  This section is identical in effect to that described in subsection (1) above.

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