Preference must be given to compensation for victims
If a court considers that: (a) it is appropriate to order a person (the defendant) to pay a pecuniary penalty under an SPF civil penalty order in relation to a contravention or conduct; and (b) it is appropriate to order under Subdivision G the defendant to pay compensation to a person who has suffered loss or damage as result of that contravention or conduct; and (c) the defendant does not have sufficient financial resources to pay both the pecuniary penalty and the compensation; the court must give preference to making an order for compensation.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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