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RESIDENTIAL TENANCIES ACT 1997 - SECT 439A

Definitions

In this Part—

"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—

        (a)     the information indicates that the person owes a landlord an amount that is more than the bond; and

        (b)     the amount owed was paid to the landlord more than 3 months after the amount became due;

"landlord" includes—

        (a)     rooming house owner;

        (b)     caravan park owner;

        (c)     caravan owner;

        (d)     site owner;

        (e)     agent of a landlord or a person referred to in paragraphs (a) to (d);

list , personal information in a residential tenancy database

        (a)     means—

              (i)     enter the personal information into the database; or

              (ii)     give the personal information to a database operator or someone else for entry into the database; and

        (b)     includes 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"out of date" , in relation to personal information in a residential tenancy database, means the information is no longer accurate because—

        (a)     for a listing made on the basis the person owes a landlord an amount that is more than the bond, the amount owed was paid to the landlord within 3 months after the amount became due; or

        (b)     for a listing made on the basis the Tribunal has made a possession order, the order has been revoked following a review of the making of the order;

personal information means information (including an individual's name) or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;

"rented premises" includes room, site, caravan and Part 4A dwelling;

"residential tenancy database" means a database

        (a)     containing personal information—

              (i)     relating to, or arising from, the occupation of rented premises under a tenancy agreement; or

              (ii)     entered into the database for reasons relating to, or arising from, the occupation of rented premises under a tenancy agreement; and

        (b)     with an intended purpose of use by landlords for checking a person's tenancy history for deciding whether a tenancy agreement should be entered into with the person;

"tenancy agreement" includes residency right and site agreement;

"tenant" includes—

        (a)     resident; and

        (b)     site tenant; and

        (c)     former tenant, former resident or former site tenant.

S. 439B inserted by No. 67/2010 s. 90.



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