Confidentiality of information supplied to valuer
38 Confidentiality of information supplied to valuer
S. 38(1) amended by No. 82/2005 s. 21.
A specialist retail valuer who is supplied with information by a landlord or tenant for the purpose of determining under section 37 the current market rent for a retail premises lease must not—
use or permit the use of the information for any purpose other than to determine the current market rent for the lease concerned; or
communicate or divulge that information to any other person or permit that information to be communicated or divulged to any other person.
- 50 penalty units.
However, subsection (1) does not prevent the specialist retail valuer—
S. 38(2)(a) amended by No. 16/2017 s. 39.
communicating or divulging the information to a court, the Tribunal or the Small Business Commission, or permitting another person to do so; or
using, communicating or divulging the information or permitting another person to do so—
in accordance with the consent of both the landlord and tenant; or
in a way that does not disclose information identifying a particular lease or tenant, or relating to a tenant's business, for the purpose of specifying the matters to which the valuer had regard in making the determination concerned.
A specialist retail valuer who contravenes this section is liable to pay to the landlord or tenant concerned compensation for any loss or damage suffered by the landlord or tenant as a result of the information being used, communicated or divulged.
The amount of the compensation is the amount that is—
agreed between the valuer and the person seeking compensation; or
if there is no agreement, determined under Part 10 (Dispute Resolution).
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