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RESIDENTIAL TENANCIES ACT 1997 - SECT 89A

Residential rental provider may enter rented premises to produce advertising images and videos

    (1)     A residential rental provider or that person's agent may enter rented premises to produce advertising images and video of the property after providing notice under section 85(b)(ii).

    (2)     The residential rental provider or that person's agent must make a reasonable attempt to agree with the renter on a suitable time for entry to the rented premises for the purposes referred to in subsection (1).

    (3)     The renter, by written notice, may object to the production or taking of advertising images or video under subsection (1) if the image or video—

        (a)     shows a possession of the renter that—

              (i)     directly identifies the renter or another occupant; or

              (ii)     reveals sensitive information about the renter or another person who resides at the premises; or

              (iii)     is valuable and would increase the risk of theft at the premises; or

              (iv)     would be unreasonable to expect the renter to remove or conceal; or

        (b)     may identify a person residing at the premises who is at risk of family violence or personal violence.

    (4)     If the renter has requested that identifiable or high-value possessions are to be excluded from images or video produced under this section, the renter may make a request to the residential rental provider, or that person's agent, for the renter to review the images or video before the images or video are advertised.

    (5)     A residential rental provider or that person's agent must not advertise the images or video referred to in subsection (4) before the renter has—

        (a)     reviewed the images or video; and

        (b)     given written consent to the residential rental provider, or that person's agent, for the images or video to be advertised.

    (6)     A residential rental provider or that person's agent must not take or produce images or video referred to in subsection (3) if the renter has given written objection under subsection (3).

    (7)     If the residential rental provider or that person's agent intends to use an advertising image or a video that displays a renter's possession more than 12 months after the image or video was produced, the residential rental provider, or that person's agent, must obtain written consent from the renter or former renter (as the case requires) before the residential rental provider, or that person's agent, uses the image or video for advertising.

    (8)     If an image or a video was produced for a purpose other than advertising, the residential rental provider, or that person's agent, must obtain the renter's written consent before using the image or video for advertising purposes.



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