Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 189

189 Criteria for deciding amount to be ordered

To decide the amount a marketeer may be ordered to pay under section 188 , QCAT must consider—

(a) the marketeer’s conduct before and after the contravention; and

(b) whether the conduct forming the basis of the contravention was deliberate; and

(c) the period over which that conduct happened; and

(d) the amount of financial loss caused by the contravention; and

(e) any similar past conduct of the marketeer, including conduct happening before the commencement of this section; and

(f) the marketeer’s financial position; and

(g) whether the conduct forming the basis of the contravention could have been prevented; and

(h) if the marketeer is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention; and

(i) any action the marketeer took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it; and

(j) the extent to which the marketeer cooperated with the chief executive to remedy the contravention and prevent future contraventions; and

(k) any other factor QCAT considers relevant.