Document ID: chunk:federal_register_of_legislation:C2010A00046:clause:1_59
Version: federal_register_of_legislation:C2010A00046
Segment Type: clause
Provision Reference: sch 1 cl 59
Character Range: 18421–19247

59  After subsection 30(2)
Insert:
 (2A) In determining whether a person (the victim) has suffered loss or damage as a result of one or more contraventions by another person of section 12B in relation to the sending of one or more marketing faxes, and in assessing the amount of compensation payable, the court may have regard to the following:
 (a) the extent to which any expenses incurred by the victim are attributable to dealing with the faxes;
 (b) the effect of dealing with the faxes on the victim's ability to carry on business or other activities;
 (c) any damage to the reputation of the victim's business that is attributable to dealing with the faxes;
 (d) any loss of business opportunities suffered by the victim as a result of dealing with the faxes;
 (e) any other matters that the court considers relevant.