Defence Act 1954

179E

F169 [ Hearing of appeals by commanding officer.

179E. (1) An appeal under section 179D against a determination shall be by way of a rehearing of the charge and a rehearing as regards punishment.

(2) An appeal under section 179D against punishment shall be by way of a rehearing as regards punishment.

(3) The appellant is entitled to have an assisting person present at but not participating in the hearing of the appeal.

(4) Subsections (2) to (11) of section 178C and section 178D shall apply, with any necessary modifications, to the hearing of an appeal under this section as they apply for the purpose of the summary disposal of a charge under the said section 178C. ]

Annotations:

Amendments:

F169

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 29, subject to transitional provisions in s. 3 and sch. 1, para. 4(2), S.I. No. 254 of 2008.