sec.189Criteria for deciding amount to be ordered

### sec.189 Criteria for deciding amount to be ordered To decide the amount a marketeer may be ordered to pay under section 188 , QCAT must consider— the marketeer’s conduct before and after the contravention; and whether the conduct forming the basis of the contravention was deliberate; and the period over which that conduct happened; and the amount of financial loss caused by the contravention; and any similar past conduct of the marketeer, including conduct happening before the commencement of this section; and the marketeer’s financial position; and whether the conduct forming the basis of the contravention could have been prevented; and if the marketeer is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention; and any action the marketeer took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it; and the extent to which the marketeer cooperated with the chief executive to remedy the contravention and prevent future contraventions; and any other factor QCAT considers relevant. - (a) the marketeer’s conduct before and after the contravention; and - (b) whether the conduct forming the basis of the contravention was deliberate; and - (c) the period over which that conduct happened; and - (d) the amount of financial loss caused by the contravention; and - (e) any similar past conduct of the marketeer, including conduct happening before the commencement of this section; and - (f) the marketeer’s financial position; and - (g) whether the conduct forming the basis of the contravention could have been prevented; and - (h) if the marketeer is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention; and - (i) any action the marketeer took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it; and - (j) the extent to which the marketeer cooperated with the chief executive to remedy the contravention and prevent future contraventions; and - (k) any other factor QCAT considers relevant.