Section 79 of the Act of 2007 is amended -

(a) in subsection (1)(a), by the substitution of "a class B fine" for "a fine not exceeding €3,000", and

(b) by the insertion of the following subsection after subsection (7):

"(7A) Where a court is determining the sentence to impose on a person convicted of an offence under any of Chapters 1 to 4 of Part 3 or this section, it shall take account, so far as applicable, of the following indicative and non-exhaustive criteria:

(a) the nature, gravity, scale and duration of the infringement;

(b) any action taken by the person to mitigate or remedy the damage suffered by consumers;

(c) any previous infringements of the provisions of any of those Chapters or of this section by the person;

(d) the financial benefits gained or losses avoided by the person due to the infringement, if the relevant data are available;