40Assessment of compensation for breach of undertaking

40 Assessment of compensation for breach of undertaking

(1) This section applies if, in a proceeding under section 39, the Federal Court finds that a person has breached a term of an undertaking relating to the sending of commercial electronic messages. (2) In determining whether another person (the victim) has suffered loss or damage as a result of the breach, 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.