Commonwealth Consolidated Acts

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12GCA

  (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 the contravention of a civil penalty provision; or

  (b)   make a relinquishment order against a person in relation to the 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 a contravention mentioned in paragraph   (a) or (b).

  (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 persons who might reasonably be expected to be entitled to recover compensation for loss or damage suffered as a result of the contravention; and

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

  (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.