Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 79B

                   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 or Part VC;

                            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.