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Competition and Consumer Act 2010 (Cth)

Section 79B
Preference must be given to compensation for victims


The provision

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 44ZZRF or 44ZZRG;

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.


Legislative history