31Proper use by valuer of information received

31 Proper use by valuer of information received (1) A specialist retail valuer who is supplied with information by a landlord or a tenant for the purpose of determining under section 29 the amount of rent under a retail shop lease must not: (a) use or permit the use of the information for any purpose other than to determine the current market rent for the lease concerned; or (b) communicate or disclose the information to another person or permit the information to be communicated or disclosed to another person. (2) Subsection (1) does not prevent the specialist retail valuer using, communicating or disclosing information, or permitting another person to do so, in any of the following circumstances: (a) in accordance with a consent of both the landlord and the tenant; (b) to a court or the Commissioner; (c) if the use, communication or disclosure occurs: (i) for the purpose of specifying the matters to be taken into consideration in making a determination under section 29; and (ii) in a way that does not disclose information identifying a particular lease or tenant or information relating to a tenant's business. (3) A specialist retail valuer who contravenes subsection (1) is, whether or not the person is found guilty of an offence against that subsection, liable to pay compensation to the landlord or tenant for loss or damage suffered by the landlord or tenant as a result of the information being used, communicated or disclosed in contravention of subsection (1). Business Tenancies (Fair Dealings) Act 2003 27 (4) The amount of the compensation mentioned in subsection (3) is: (a) as agreed between the valuer and the person seeking compensation; or (b) if the valuer and the person cannot agree on the amount: (i) as determined under Part 11 following an application by the person seeking compensation; or (ii) if no determination is able to be made under Part 11 – as determined by a court having the appropriate jurisdiction specified in that Part.