• Specific Year
    Any

RESIDENTIAL TENANCIES ACT 1995 - SECT 99D

RESIDENTIAL TENANCIES ACT 1995 - SECT 99D

99D—Notice of usual use of database

        (1)         This section applies if—

            (a)         a person (the "applicant") applies to a landlord, whether or not through the landlord's agent, to enter into a residential tenancy agreement; and

            (b)         the landlord or, if the application is made through the landlord's agent, the landlord or agent usually uses 1 or more residential tenancy databases for deciding whether a residential tenancy agreement should be entered into with a person.

        (2)         The landlord or agent must, when the application is made, give the applicant written notice stating the following:

            (a)         the name of each residential tenancy database the landlord or agent usually uses, or may use, for deciding whether a residential tenancy agreement should be entered into with a person;

            (b)         that the reason the landlord or agent uses a residential tenancy database mentioned in paragraph (a) is for checking an applicant's tenancy history;

            (c)         for each residential tenancy database mentioned in paragraph (a), how persons may contact the database operator who operates the database and obtain information from the operator.

Maximum penalty: $35 000.

Expiation fee: $2 000.

        (3)         Subsection (2) applies in relation to a residential tenancy database whether or not the landlord or agent intends to use the database for deciding whether a residential tenancy agreement should be entered into with the applicant.

        (4)         However, the landlord or agent is not required to give the written notice mentioned in subsection (2) if a written notice stating the matters mentioned in the subsection was given to the applicant not more than 7 days before the application was made.

Example—

The landlord or agent gave a written notice stating the matters mentioned in subsection (2) to the applicant when the applicant obtained the application form and that happened less than 7 days before the applicant made the application.