RESIDENTIAL TENANCIES ACT 1997 - SECT 87 Definitions—pt 7

RESIDENTIAL TENANCIES ACT 1997 - SECT 87

In this part:

"agent", of a lessor, means a person employed, or otherwise authorised, by the lessor to act as the lessor's agent.

"database "means a system, device or other thing used for storing information, whether electronically or in some other form.

"database operator "means an entity that operates a residential tenancy database.

"inaccurate", in relation to personal information in a residential tenancy database, includes information that is inaccurate because—

        (a)     the information shows that the person owes a lessor an amount that is more than the rental bond; and

        (b)     the amount owed was paid to the lessor more than 3 months after the amount became due.

Note     If the amount is paid to the lessor within 3 months of the amount becoming due, the information would be out of date.

"list", in relation to personal information in a residential tenancy database—

        (a)     means—

              (i)     enter the personal information into the database; or

              (ii)     give the personal information to the database operator or someone else for entry into a database; and

        (b)     includes amend personal information in the database to include additional personal information about a person.

"out of date", in relation to personal information in a residential tenancy database, means the information is no longer accurate because—

        (a)     for a listing made on the basis that a person owes a lessor an amount that is more than the rental bond—the amount owed was paid to the lessor within 3 months after the amount became due; or

        (b)     for a listing made on the basis that a court or the ACAT has made an order terminating the residential tenancy agreement—the order has been set aside or revoked by a court or the ACAT.

"personal information"—

        (a)     means information or an opinion, whether true or not, about—

              (i)     an identified individual; or

              (ii)     an individual whose identity can reasonably be worked out from the information or opinion; and

        (b)     includes an individual's name.

"rental bond", for a residential tenancy agreement—

        (a)     means the amount (however described)—

              (i)     paid by or for the tenant under the agreement to the lessor under the agreement, the Territory or another entity at the direction of the lessor; and

              (ii)     intended to be available for the financial protection of the lessor against the tenant breaching the agreement; and

        (b)     does not include rent paid in advance.

"residential tenancy database "means a database—

        (a)     containing personal information—

              (i)     relating to, or arising from, the occupation of premises under a residential tenancy agreement; or

              (ii)     entered into the database for reasons relating to, or arising from, the occupation of premises under a residential tenancy agreement; and

        (b)     with an intended purpose of use by a lessor or lessor's agent for checking a person's tenancy history for deciding whether a residential tenancy agreement should be entered into with the person.