Western Australian Current Acts

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11A .         Information given under s. 11, restrictions on disclosing

        (1)         A person given information by a landlord under section 11(3B) must not disclose that information to any other person unless the disclosure is made —

            (a)         for the purpose of, or in connection with, determining the rent payable as a result of the review; or

            (b)         in a way that does not disclose information identifying a particular lease or tenant, or relating to a tenant’s business, for the purpose of specifying the matters to which the person had regard in resolving the question concerned; or

            (c)         with the consent of both the tenant and the landlord of the relevant retail shop; or

            (d)         for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings; or

            (e)         as required or permitted under this Act or any other law; or

            (f)         with any other lawful excuse.

        (2)         Subsection (1) does not prevent a person from disclosing information that is publicly available at the time the disclosure concerned was made.

        (3)         If a person discloses information in contravention of subsection (1) and the tenant or landlord suffers loss or damage because of the disclosure, the tenant or landlord is entitled to be paid by the person who made the disclosure compensation for the loss or damage —

            (a)         of such reasonable amount as is agreed between the person and the tenant or landlord; or

            (b)         failing agreement, as may be determined by the Tribunal on the application of the tenant or landlord.

        [Section 11A inserted: No. 59 of 2011 s. 9.]

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