Section 58FD — 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 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.