Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 58FD

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.



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