Terms used
82A Terms used
In this Part —
agent, of a lessor, means a person employed, or otherwise authorised, by the lessor to act as the lessor’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 —
the information indicates that the person owes a lessor an amount that is more than the security bond for a residential tenancy agreement; and
the amount owed was paid to the lessor more than 3 months after the amount became due;
list, personal information about a person in a residential tenancy database —
means —
to enter the personal information into the database; or
to give the personal information to a database operator or someone else for entry into the database;
and
includes to 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 —
for a listing made on the basis the person owes a lessor an amount that is more than the security bond for a residential tenancy agreement — the amount owed was paid to the lessor within 3 months after the amount became due; or
for a listing made on the basis a court has made an order terminating the residential tenancy agreement — the order has been set aside on appeal;
residential premises includes a long‑stay site in a residential park as those terms are defined in the Residential Parks (Long‑stay Tenants) Act 2006;
residential tenancy agreement includes a long‑stay agreement as defined in the Residential Parks (Long‑stay Tenants) Act 2006;
residential tenancy database means a database —
containing personal information —
relating to, or arising from, the occupation of residential premises under a residential tenancy agreement; or
entered into the database for reasons relating to, or arising from, the occupation of residential premises under a residential tenancy agreement;
and
the purpose of which is for use by lessors or agents of lessors for checking a person’s tenancy history to decide whether a residential tenancy agreement should be entered into with the person;
tenant includes a long‑stay tenant as defined in the Residential Parks (Long‑stay Tenants) Act 2006.
[Section 82A inserted: No. 60 of 2011 s. 96; amended: No. 11 of 2024 s. 44.]
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