79B  Preference must be given to compensation for victims

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 56CC(1);

in respect of a contravention, or an involvement in a contravention, of this Act 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.