(1)

This section applies if, in a proceeding under section 39, the Federal Court finds that a person has breached a term of an undertaking relating to the sending of commercial electronic messages.

(2)

In determining whether another person (the victim ) has suffered loss or damage as a result of the breach, and in assessing the amount of compensation payable, the Court may have regard to the following:

(a) the extent to which any expenses incurred by the victim are attributable to dealing with the messages;
(b) the effect of dealing with the messages on the victim's ability to carry on business or other activities;
(c) any damage to the reputation of the victim's business that is attributable to dealing with the messages;
(d) any loss of business opportunities suffered by the victim as a result of dealing with the messages;
(e) any other matters that the Court considers relevant.