If, in proceedings for an order in relation to a contravention of section 13G, the court:
(a) is satisfied that the entity has done an act, or engaged in a practice, that is an interference with the privacy of an individual; but
(b) is not satisfied that the interference with privacy is serious;
the court may make a pecuniary penalty order against the entity for contravening section 13H, instead of section 13G.