Preference must be given to compensation for victims
79B Preference must be given to compensation for victims
If the Court considers that:
it is appropriate to order a person (the defendant):
to pay a pecuniary penalty under section 76; or
to impose a fine under section 45AF or 45AG or subsection 56BN(1) or 56BZI(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
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
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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