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.