Section 79B — Competition and Consumer Act 2010: Preference must be given to compensation for victims

If the Court considers that: (a) it is appropriate to order a person (the defendant): (i) to pay a pecuniary penalty under section 76; or (ii) 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 (b) 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 (c) 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.