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RESIDENTIAL TENANCY ACT 1997 - SECT 48Y Listing can be made only for particular breaches by particular persons

RESIDENTIAL TENANCY ACT 1997 - SECT 48Y

Listing can be made only for particular breaches by particular persons

(1)  An owner, owner's agent or database operator must not list personal information about a person in a residential tenancy database unless –
(a) the person was a tenant under a residential tenancy agreement that has ended; and
(b) the person has breached the agreement; and
(c) because of the breach, either –
(i) the person owes the owner an amount that is more than the security deposit for the agreement; or
(ii) the Court has made an order under section 41 terminating the residential tenancy agreement; and
(d) the personal information –
(i) relates only to the breach; and
(ii) is accurate, complete and unambiguous.
Penalty:  Fine not exceeding 50 penalty units.
(2)  Without limiting subsection (1)(d)(ii) , the personal information must indicate the nature of the breach.