Listing can be made only for particular breaches by particular persons
82E Listing can be made only for particular breaches by particular persons
A lessor, lessor’s agent or database operator must not list personal information about a person in a residential tenancy database unless —
the person was named as a tenant in a residential tenancy agreement that has ended; and
the person has breached the agreement; and
the breach does not consist of, or relate to —
a failure by the person to pay rent during the emergency period as defined in the Residential Tenancies (COVID‑19 Response) Act 2020 section 4 due to financial hardship caused by the economic effects of the COVID‑19 pandemic; or
any other matter relating to the effects of the COVID‑19 pandemic prescribed by regulations;
and
because of the breach, either —
the person owes the lessor an amount that is more than the security bond for the agreement; or
a court has made an order terminating the residential tenancy agreement;
and
the personal information —
relates only to the breach; and
is accurate, complete and unambiguous.
Penalty for this subsection: a fine of $5 000.
Without limiting subsection (1)(d)(ii), the personal information must indicate the nature of the breach.
[Section 82E inserted: No. 60 of 2011 s. 96; amended: No. 3 of 2019 s. 25; 18 of 2020 s. 78.]
This provision refers to the regulations (prescribed by regulations
). Made under this Act:
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