(1) This section
applies if —
(a) a
person (the applicant ) applies to a lessor, whether or not through the
lessor’s agent, to enter into a residential tenancy agreement; and
(b) the
lessor or, if the application is made through the lessor’s agent, the
lessor or agent uses a residential tenancy database for checking whether
personal information about the applicant is in the database; and
(c)
personal information about the applicant is in the database.
(2) The lessor or
agent must, as soon as possible but within 7 days after using the database,
give the applicant a written notice stating —
(a) the
name of the database; and
(b) that
personal information about the applicant is in the database; and
(c) the
name of each person who listed the personal information in the database; and
(d) how
and in what circumstances the applicant can have the personal information
removed or amended under this Part.
Penalty for this subsection: a fine of $5 000.
(3) However,
subsection (2)(c) requires the written notice to state the name of a person
only if the person is identified in the residential tenancy database as the
person who listed the personal information in the database.
[Section 82D inserted: No. 60 of 2011 s. 96;
amended: No. 3 of 2019 s. 25.]