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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30BH Matters relevant to form of judgment on appeal

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30BH

Matters relevant to form of judgment on appeal

  (1)   The powers in this Subdivision may be exercised even though the notice of appeal asks that only part of the judgment or decision be reversed or varied.

  (2)   For the purposes of sentencing an accused under this Subdivision (including by way of substituting a different sentence), the Court's powers are taken to include those of the court from which the appeal was made.

Note:   This means the Court could, for example, sentence the accused by making an order under section   19B of the Crimes Act 1914 .

  (3)   This Subdivision has effect subject to section   80 of the Constitution and to any other Act.