58FD
In forcePreference must be given to compensation for victims
Volume 2Chapter 4, Part IVC to Chapter 6, Part IX (sections 55 to 113)
Chapter 4Provisions relating to particular industries, payment surcharges etc.
Part IVFScams Prevention Framework
Division 6Enforcing the Scams Prevention Framework
Subdivision APreliminary
58FD Preference must be given to compensation for victims
If a court considers that:
(a)
it is appropriate to order a person (the defendant) to pay a pecuniary penalty under an SPF civil penalty order in relation to a contravention or conduct; and
(b)
it is appropriate to order under Subdivision G the defendant to pay compensation to a person who has suffered loss or damage as result of that contravention or conduct; and
(c)
the defendant does not have sufficient financial resources to pay both the pecuniary penalty and the compensation;
the court must give preference to making an order for compensation.
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