Commonwealth Consolidated Acts

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Preference must be given to compensation for victims

    If the Court considers that:

  (a)   it is appropriate to order a person (the defendant ):

  (i)   to pay a pecuniary penalty under section   76; or

  (ii)   to impose a fine under section   45AF or 45AG or subsection   56BN(1) or 56CC(1);

    in respect of a contravention, or an involvement in a contravention, of this Act, a gas market instrument or the consumer data rules; and

  (b)   it is appropriate to order the defendant to pay compensation to a person who has suffered loss or damage in respect of the contravention or the involvement; and

  (c)   the defendant does not have sufficient financial resources to pay both the pecuniary penalty or fine and the compensation;

the Court must give preference to making an order for compensation.

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