Section 213 — Competition and Consumer Act 2010: Preference must be given to compensation for victims

If a court considers that: (a) it is appropriate to impose a fine on a person (the defendant) under this Chapter in relation to: (i) a contravention of a provision of this Schedule; or (ii) an attempt to contravene such a provision; or (iii) aiding, abetting, counselling or procuring a person to contravene such a provision; or (iv) inducing, or attempting to induce, a person, whether by threats or promises or otherwise, to contravene such a provision; or (v) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or (vi) conspiring with others to contravene such a provision; and (b) it is appropriate to order 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 fine and the compensation; the court must give preference to making an order for compensation.