162Review of action under Part IV

162  Review of action under Part IV  (1) Where in a review it appears to the reviewing authority that the action taken by a service tribunal under Part IV (whether by the imposition of a punishment or the making of an order or both) in relation to a convicted person:  (a) is wrong in law; or  (b) is excessive; the reviewing authority shall quash the punishment or revoke the order or both quash the punishment and revoke the order, as the case may be.  (a) a court martial or a Defence Force magistrate has taken a service offence into consideration in relation to a convicted person under section 77 and the conviction of the convicted person is quashed; or  (b) a reviewing authority considers that a court martial or a Defence Force magistrate, in purporting to take a service offence into consideration in relation to a convicted person under section 77, exceeded the powers conferred by that section; the reviewing authority shall annul the taking into consideration of that service offence and, thereupon, that service offence shall be deemed not to have been taken into consideration by the court martial or Defence Force magistrate.  (3) Where in a review it appears to the reviewing authority that a summary authority has imposed an elective punishment on a convicted person otherwise than in accordance with section 111B or 131, the reviewing authority shall quash the punishment.  (5) Where a reviewing authority quashes a punishment or revokes an order under subsection (1) or (3) 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.  (6) Where in a review it appears to the reviewing authority that a service tribunal has imposed a punishment of imprisonment on a convicted person and has not fixed a non‑parole period during which the person is not to be eligible to be released on parole under the provisions of the Crimes Act 1914 in their application, by virtue of subsection 72(1) of this Act, to the service tribunal, the reviewing authority may fix such a non‑parole period.  (7) Section 72 applies in relation to the fixing of a non‑parole period under subsection (6) as if the reviewing authority were the service tribunal concerned.  (8) Where in a review it appears to the reviewing authority that a service tribunal that has imposed a punishment of detention on a convicted person should have made an order under subsection 78(1) suspending that punishment, the reviewing authority may, if he or she thinks fit, make an order suspending that punishment or such part of that punishment as has not been served.  (9) Where a reviewing authority makes an order suspending a punishment of detention or such part of a punishment of detention as has not been served, the punishment, or that part of the punishment, does not begin, and shall not be put into execution, while the suspension is in force. Division 4—Action on review of proceedings that have resulted in an acquittal on the ground of unsoundness of mind