Criteria for deciding amount to be ordered
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—
the marketeer’s conduct before and after the contravention; and
whether the conduct forming the basis of the contravention was deliberate; and
the period over which that conduct happened; and
the amount of financial loss caused by the contravention; and
any similar past conduct of the marketeer, including conduct happening before the commencement of this section; and
the marketeer’s financial position; and
whether the conduct forming the basis of the contravention could have been prevented; and
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
any action the marketeer took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it; and
the extent to which the marketeer cooperated with the chief executive to remedy the contravention and prevent future contraventions; and
any other factor QCAT considers relevant.
This Act’s bill:Explanatory memorandumSecond reading speech
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