Document ID: chunk:federal_register_of_legislation:C2004C01253:clause:1_79b
Version: federal_register_of_legislation:C2004C01253
Segment Type: clause
Provision Reference: sch 1 cl 79B
Character Range: 4356–5049

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 79;
  in respect of a contravention, or an involvement in a contravention, of this Act; 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.