RESIDENTIAL TENANCIES ACT 1995 - SECT 99A
RESIDENTIAL TENANCIES ACT 1995 - SECT 99A
In this Division—
"agent" of a landlord means a person employed, or otherwise authorised, by the
landlord to act as the landlord'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 indicates that the person owes a landlord an amount that is more
than the bond for a residential tenancy agreement; and
(b) the
amount owed was paid to the landlord more than 3 months after the amount
became due;
Note—
If the amount is paid to the landlord within 3 months after the amount
became due, the information would be out of date. See definition of "out of
date , paragraph (a).
"list" personal information in a residential tenancy database means—
(a)
enter the personal information into the database; or
(b) give
the personal information to a database operator or someone else for entry into
the database,
and includes amend personal information about a person in the database to
include additional personal information about the 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"out of date", in relation to personal information in a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 the person owes a landlord an amount that is more
than the bond for a residential tenancy agreement—the amount owed was
paid to the landlord within 3 months after the amount became due; or
(b) for
a listing made on the basis the Tribunal has made an order terminating the
residential tenancy agreement—the order has been set aside, varied or
quashed on review or appeal;
"personal information" means information (including an individual's name) or
an opinion, whether true or not, about an individual whose identity is
apparent, or can reasonably be ascertained, from the information or opinion;
"residential tenancy database" means a database—
(a)
containing personal information—
(i)
relating to, or arising from, the occupation of
residential premises under a residential tenancy agreement; or
(ii)
entered into the database for reasons relating to, or
arising from, the occupation of residential premises under a
residential tenancy agreement; and
(b) with
an intended purpose of use by landlords or agents of landlords for checking a
person's tenancy history for deciding whether a residential tenancy agreement
should be entered into with the person.
Note—
For statutory provisions relating to reports provided otherwise than through
the use of a residential tenancy database see Part 4 of the Fair Trading
Act 1987 .