28Ancillary orders—compensation

28 Ancillary orders—compensation

(1) If: (a) in one or more proceedings under section 26, the Federal Court finds that a person (the perpetrator) has contravened one or more civil penalty provisions; and (b) the Court is satisfied that another person (the victim) has suffered loss or damage as a result of any or all of those contraventions; the Court may, on the application of the ACMA or the victim, make an order that the Court considers appropriate directing the perpetrator to compensate the victim. (2) 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 16 in relation to the sending of one or more commercial electronic messages, 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 messages; (b) the effect of dealing with the messages 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 messages; (d) any loss of business opportunities suffered by the victim as a result of dealing with the messages; (e) any other matters that the Court considers relevant. (3) The Federal Court may make an order under subsection (1), whether or not it makes an order under section 24. (4) An application under subsection (1) may be made at any time within 6 years after the contravention concerned.