New South Wales Consolidated Acts

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Publishing photographs of residential premises with tenant's consent

55A Publishing photographs of residential premises with tenant's consent

(1) A landlord or landlord's agent must not publish any photograph taken or visual recording made of the interior of residential premises in which any of the tenant's possessions are visible without first obtaining the written consent of the tenant.
: Maximum penalty--20 penalty units.
(2) A tenant must not unreasonably withhold consent required to be obtained under this section.
(3) Without limiting subsection (2), it is not unreasonable for the tenant to withhold consent if the tenant is in circumstances of domestic violence, within the meaning of section 105B.
(4) In this section, a photograph or visual recording is
"published" if it is--
(a) publicly exhibited in, on, over or under any building, vehicle or place (whether or not a public place and whether on land or water), or in the air in view of persons being in any street or public place, or
(b) disseminated by means of a website, email or other electronic communication, or
(c) in the case of a photograph--
(i) inserted in any newspaper, periodical publication or other publication, or
(ii) contained in any flyer or other document sent or delivered to any person or thrown or left on premises occupied by any person.
(5) A photograph or visual recording is not published if it is disseminated solely between the landlord and the landlord's agent for purposes relating to carrying out an inspection of the residential premises, maintenance or repairs.
(6) This section is a term of every residential tenancy agreement.

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