RESIDENTIAL TENANCIES ACT 1999 - SECT 129 Further restriction on listing

RESIDENTIAL TENANCIES ACT 1999 - SECT 129

    (1)     A landlord or database operator must not list personal information about a person in a tenancy database unless the landlord or database operator:

        (a)     has, without charging a fee:

            (i)     given the person a copy of the personal information in the approved form; or

            (ii)     taken other reasonable steps to disclose the personal information to the person; and

        (b)     has given the person at least 28 days to review the personal information and make submissions objecting to its entry into the database or about its accuracy, completeness or clarity; and

        (c)     has considered any submissions made.

    (2)     Subsection (1) does not apply if the landlord or database operator cannot locate the person after making reasonable enquiries.

    (3)     Subsection (1)(b) and (c) do not apply:

        (a)     to information that, at the time of listing, is also publicly available from court or Tribunal records; or

        (b)     to a listing involving only an amendment of personal information under section 130.

    (4)     A person commits an offence if the person:

        (a)     is a landlord or database operator; and

        (b)     lists personal information about a person in a tenancy database other than in accordance with this section.

Maximum penalty:     20 penalty units.

    (5)     An offence against subsection (4) is an offence of strict liability.