The Magistrates' Court must give preference to making an order for compensation if the Court considers that—
(a) it is appropriate to order a
person to pay a pecuniary penalty under section 498AD in
relation to a residential rights contravention;
and
(b) it is appropriate to order the person to pay compensation to another person who has suffered loss or damage as a result of that contravention; and
(c) the person does not have sufficient financial resources to pay both the pecuniary penalty and the compensation.
S. 498AH inserted by No. 45/2018 s. 321.