Section 227 — Competition and Consumer Act 2010: 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 section 224 in relation to: (i) a contravention of a provision referred to in subsection (1)(a) of that section; or (ii) conduct referred to in subsection (1)(b), (c), (d), (e) or (f) of that section that relates to a contravention 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 pecuniary penalty and the compensation; the court must give preference to making an order for compensation.