National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-2 - POWER OF THE COURT TO GRANT REMEDIES  

Division 2 - Power of the court to grant remedies  

SECTION 181   PREFERENCE MUST BE GIVEN TO COMPENSATE CONSUMERS  

181(1)    
This section applies if a court considers that it is appropriate to:

(a) make a pecuniary penalty order against a person in relation to a contravention of a civil penalty provision; or

(b) make a relinquishment order against a person in relation to a contravention of a civil penalty provision; or

(c) impose a fine against a person in relation to a commission of an offence constituted by the same conduct as the conduct constituting the contravention of the pecuniary penalty order.

181(2)    
In making the pecuniary penalty order or relinquishment order or imposing the fine, the court:

(a) must consider the effect that making the order or imposing the fine would have on the amount available to pay compensation to which persons might reasonably be expected to be entitled under section 178 , 179 or 180 ; and

(b) give preference to making an appropriate amount available for compensation under those sections.

181(3)    
If the court gives preference to making an appropriate amount available for compensation under paragraph (2)(b), the court may also make such orders as the court thinks fit for the purpose of ensuring that the amount remains available for the payment of compensation under section 178 , 179 or 180 .

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