Document ID: chunk:federal_register_of_legislation:C2025A00015:clause:1_58fd
Version: federal_register_of_legislation:C2025A00015
Segment Type: clause
Provision Reference: sch 1 cl 58FD
Character Range: 78287–78977

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.

Subdivision B—Monitoring or investigating compliance with an SPF code