Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) If a summary authority is requested to reopen relevant proceedings, the summary authority must notify each convicted person identified in the request that the relevant proceedings are to be reopened as a result of the request.
(2) The notification must be in writing.
(3) The notification must include particulars of the relevant proceedings, including:
(a) the name of the original summary authority; and
(b) the service particulars and jurisdiction of the original summary authority; and
(c) the date, time and place of the relevant proceedings.
(4) The notification must also include the ground or grounds on which the request is made, with specific reference to:
(a) the punishment or reparation order that is claimed to be beyond the power of the summary authority; and
(b) the conviction in relation to which the punishment was imposed or the reparation order was made.
(5) The notification must also include a statement that the convicted person is prevented from appealing to the Australian Military Court in relation to:
(a) the punishment or order; and
(b) the relevant conviction;
until the summary authority notifies the convicted person that the summary authority has completed dealing with the reopened proceedings.
Note 1 The term punishment is defined in subsection 3 (1) of the Act to include a combination of punishments.
Note 2 A reparation order may include more than 1 reparation order imposed in relevant proceedings if, despite being individually lawful, the sum of the reparation orders imposed by the summary authority in the relevant proceedings renders them beyond the power of the summary authority. This applies whether or not the reparation orders were in relation to a single conviction or more than 1 conviction.
(6) The summary authority must give a copy of the notification to the reviewing authority who requested that the relevant proceedings be reopened.