Western Australian Current Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 82A

82A .         Terms used

                In this Part —

        agent , of a lessor, means a person employed, or otherwise authorised, by the lessor to act as the lessor’s agent;

        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 lessor an amount that is more than the security bond for a residential tenancy agreement; and

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

        list , personal information about a person in a residential tenancy database —

            (a)         means —

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

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

                and

            (b)         includes to 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        out-of-date , in relation to personal information in a residential tenancy database, means the information is no longer accurate because —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 lessor an amount that is more than the security bond for a residential tenancy agreement — the amount owed was paid to the lessor within 3 months after the amount became due; or

            (b)         for a listing made on the basis a court has made an order terminating the residential tenancy agreement — the order has been set aside on appeal;

        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;

        residential premises includes a long-stay site in a residential park as those terms are defined in the Residential Parks (Long-stay Tenants) Act 2006 ;

        residential tenancy agreement includes a long-stay agreement as defined in the Residential Parks (Long-stay Tenants) Act 2006 ;

        residential tenancy database means a database —

            (a)         containing personal information —

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

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

                and

            (b)         the purpose of which is for use by lessors or agents of lessors for checking a person’s tenancy history to decide whether a residential tenancy agreement should be entered into with the person;

        tenant includes a long-stay tenant as defined in the Residential Parks (Long-stay Tenants) Act 2006 .

        [Section 82A inserted: No. 60 of 2011 s. 96.]