Document ID: chunk:federal_register_of_legislation:C2025C00189:section:79b
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 79B
Character Range: 1147513–1148301

79B  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.