New South Wales Consolidated Acts
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RESIDENTIAL TENANCIES ACT 2010 - SECT 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
(b) disseminated by means of a website, email or other electronic
(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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