Western Australian Current Acts Western Australian Current Acts (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.]