Competition and Consumer Act 2010
Sch 2 s 213Preference must be given to compensation for victims
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213 Preference must be given to compensation for victims
If a court considers that:
(a) it is appropriate to impose a fine on a person (the defendant) under this Chapter in relation to:
(i) a contravention of a provision of this Schedule; or
(ii) an attempt to contravene such a provision; or
(iii) aiding, abetting, counselling or procuring a person to contravene such a provision; or
(iv) inducing, or attempting to induce, a person, whether by threats or promises or otherwise, to contravene such a provision; or
(v) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or
(vi) conspiring with others to contravene such a provision; and
(b) it is appropriate to order 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 fine and the compensation;
the court must give preference to making an order for compensation.