Section 79B — Competition and Consumer Act 2010 (Cth)

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 45AF or 45AG or subsection 56BN(1) or 56BZI(1);

in respect of a contravention, or an involvement in a contravention, of this Act, a gas market instrument or the consumer data rules; 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.

Related sections

• s 78 — Criminal proceedings not to be brought for contraventions of Part IV
• s 79 — Offences against section 45AF or 45AG
• s 79A — Enforcement and recovery of certain fines
• s 80 — Injunctions
• s 80A — Price exploitation in relation to the carbon tax repeal—orders limiting prices or requiring refunds of money
• s 80AB — Stay of injunctions

Research how courts apply s 79B

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